These Jammer Terms are Legally Binding
These Jammer Terms are a legally binding contract between you and us. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Jammer Terms, you confirm that you have read, understand and agree to be bound by the Jammer Terms. “We”, “our” and “us” currently refers to the applicable Jam entity in the Contract (defined below).
You are an Authorized Jammer on a Jar Controlled by a “Hero”
An organization or other third party that we refer to in these Jammer Terms as “Hero” has invited you to a Jar (i.e., a unique domain where a group of Jammers may access the Services). If you are joining one of your employer’s Jars, for example, Hero is your employer. If you are joining a Jar created by your friend using her personal email address to connect peers, she is our Hero and she is authorizing you to join her Jar.
What This Means for You—and for Us
Hero has separately agreed to our Hero Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Hero to create and configure a Jar so that you and others could join (each invitee granted access to the Services, including you, is an “Authorized Jammer”). The Contract contains our commitment to deliver the Services to Hero, who may then invite Authorized Jammers to join its Jar(s). When an Authorized Jammer (including, you) submits content or information to the Services, such as messages or files (“Hero Data”), you acknowledge and agree that the Hero Data is owned by Hero and the Contract provides Hero with many choices and control over that Hero Data.
The Relationship Between You, Hero and Us
AS BETWEEN US AND HERO, YOU AGREE THAT IT IS SOLELY Hero’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED JAMMERS OF ANY RELEVANT Hero POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF Hero DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED Jammers THAT ARE NECESSARY FOR THE LAWFUL USE OF Hero DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF Hero DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED JAMMER RELATING TO OR BASED ON Hero DATA, THE SERVICES OR Hero’S FAILURE TO FULFILL THESE OBLIGATIONS. Jam MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.
You Must be Over the Legal Age
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of thirteen. You represent that you are over the legal age and are the intended recipient of Hero’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
You Are Here At the Pleasure of Hero (and Us)
These Jammer Terms remain effective until Hero’s subscription for you expires or terminates, or your access to the Services has been terminated by Hero or us. Please contact Hero if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these Jammer Terms.
If we believe that there is a violation of the Contract, Jammer Terms, or any of our other policies that can simply be remedied by Hero’s removal of certain Hero Data or taking other action, we will, in most cases, ask Hero to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Hero does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Jammers, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A Hero (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE Jammer Terms. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE Jammer Terms IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
Application of Consumer Law
Jam is a communication and connection tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Jammer Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Hero of pre-paid fees for your subscription covering the remainder of the term.
The sections titled “The Relationship Between You, Hero, and Us,” “Limitation of Liability,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the Jammer Terms.
Except as otherwise set forth herein, all notices under the Jammer Terms will be by email, although we may instead choose to provide notice to Authorized Jammers through the Services. Notices to Jam should be sent to firstname.lastname@example.org. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Hero in accordance with the terms of that agreement.
As our business evolves, we may change these Jammer Terms. If we make a material change to the Jammer Terms, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the Jammer Terms at any time by visiting this page. Any material revisions to these Jammer Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
No failure or delay by either party in exercising any right under the Jammer Terms will constitute a waiver of that right. No waiver under the Jammer Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The Jammer Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Jammer Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Jammer Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these Jammer Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Jammer Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Governing Law; Venue; Fees
The Jammer Terms and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Jammer Terms or its formation, interpretation or enforcement.
Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Jammer Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Specifics for use with UBS
For internal use only.
Please adhere to all appropriate policies and procedures, including but not limited to the UBS Information Barriers Policy; and apply the “Need to Know” principle to prevent unintended or prohibited sharing of Protected Information. If you receive or believe you may have received Protected Information you must handle the information appropriately which includes promptly notifying your Regional C&ORC Control Room where necessary.
UBS has policies and procedures, which include, without limitation, independence policies and permanent information barriers, that are intended, and upon which UBS relies, to manage potential conflicts of interest and control the flow of information within divisions of UBS and among its subsidiaries, branches and affiliates.
The UBS Information Barriers Policy can be found at: http://bw.policies.ubs.com/policies/1/8/1/22/1/1-P-004686.pdf
Please note that interaction between Global Banking and Research is not permitted.
Please also feel free to contact us if you have any questions about Jam’s Jammer Terms of Service. You may contact us at email@example.com or at our mailing address below:
Jam Connections Inc
5524 Constant Spring Terrace
Fort Lauderdale, Florida, 33319