Last Updated: September 2, 2007
This Terms of Service Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and Jugglesoft, Inc.(“Jugglesoft”) regarding use of the company's software and web-based services “JuggleMyStuff” or other Jugglesoft-branded products and services (and all successor products and services), which may include user documentation provided in "online" or electronic form (the "Service"). Before you click on the checkbox "I have read and agree to the Terms of Service" (the “Agree” checkbox) and submit the form, or use the Service, carefully read the terms and conditions of this agreement. By clicking on the "Agree" checkbox and submitting the form, or otherwise by using the Service, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, click “Cancel” during the user registration process and the user registration process will end.
If you have registered as, for, or on behalf of a registered entity and accept the Terms of Service, you are deemed to have accepted the Terms of Service on behalf of that registered entity, and the Terms of Service will be binding as to the registered entity and any entity, person or third party that it permits to access and use the Service in any way.
You may not use the Service until you, or an authorized entity or individual who has granted you access, has read and accepted all of these Terms of Service.
Term and Termination of This Agreement
This Agreement is effective as of the date that this registration is completed (the “Effective Date”) and will continue in full force until you cancel your account (as described below), your subscription expires, or until otherwise terminated in accordance with this Agreement. In addition to any other termination rights set forth in this Agreement, Jugglesoft may terminate this Agreement on notice to you (as “Recipient”) as follows: (i) if Recipient breaches any term or condition of this Agreement, or (ii) if Recipient is merged, consolidated, sells or otherwise transfers all or substantially all of its assets, or implements or experiences a substantial change in management or control, or (iii) if a receiver is appointed for Recipient or its property, Recipient makes an assignment for the benefit of creditors, any proceedings are commenced by, for or against Recipient under any bankruptcy, insolvency or debtor’s relief law, or Recipient is liquidated or dissolved. Upon termination or expiration of this Agreement for any reason, Recipient shall cease all use of the Service and any materials provided to you by Jugglesoft.
Any additions to or enhancements of the Service, including the release of new features, tools and resources, will be subject to these Terms of Service. Your continued use of the revised Service will constitute your acceptance of the Terms of Service with respect to the revised Service.
Jugglesoft reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription fees, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Jugglesoft Site (www.Jugglesoft.com) or the Service itself.
Jugglesoft will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Jugglesoft hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own personal, shared, or business-related purposes, and in each case solely for your own benefit and subject to these Terms of Service. All rights not expressly granted to you are reserved by Jugglesoft and its licensors.
As between Jugglesoft and you, you retain ownership of any content or material that you submit to the Service (“Content”). You will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content, and Jugglesoft will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content.
In the course of using the Service you may submit Customer data to Jugglesoft. As between you and Jugglesoft, you shall remain the sole owner of all Customer data. However, in order to provide and maintain the Service and enable functionality, you grant Jugglesoft a limited-use license to:
Use your Customer Data to deliver your page to your web browser and the web browsers of those you authorize to view such pages,
Support the Customer in issues related to usage of the Service.
Access your Customer Data in order to maintain operation of the Service
Jugglesoft is currently developing export utilities to enable you to export your stored data from lists and projects into tab-delimited CSV files. Comment logs corresponding to the above records will be saved separately in a file format to be determined. Jugglesoft does not support export (either manually or via some automated utility) of calendar data, web docs, bookmarks, stored files or any other object type unless expressly noted as supported above. However, as a matter of information, Jugglesoft web docs are HTML documents and therefore, it is possible for you to copy and paste some of your Content from the source HTML of a web doc to some other external document editing tool that accepts HTML data.
Data that is not entered by you (or users of your account) and which supports the architecture and relationships between objects is proprietary information owned exclusively by Jugglesoft, and will not be included in any export utility or its output..
Until such time as those export utilities described above are made available to you to use directly, Jugglesoft will provide the above-mentioned, export-supported customer data to the Customer within 15 days of a written request, provided that, at the time of the request, said Customer has an active paid account, in good standing, with Jugglesoft.
You must be 18 years of age or older to use the Service.
You may not use the Service for any illegal or unauthorized purpose, including but not limited to: (a) uploading, downloading or otherwise transmitting Content that is unlawful, obscene, or an invasion of privacy; (b) impersonating any person or entity; (c) uploading, downloading or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual relationships; (d) uploading, downloading or otherwise transmitting any Content that violates any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; (e) uploading, downloading or otherwise transmitting “mass quantities” of any unsolicited or unauthorized advertising (i.e., "spam"); (f) uploading, downloading or otherwise transmitting any files that contain software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware system; (g) interfering with or disrupting the Services or networks connected to the Services; (h) subjecting, or threatening to subject, any Jugglesoft employee, agent, director or officer to any oral, written, physical or other abuse.
Registration, login and/or use by any automated program is prohibited.
Free accounts, if offered, may include advertising on one or more pages within the Service. You may not block these ads manually or via the use of any automated software. No person or entity may have more than one free account.
Your name, email address, and other information required for registration must be your true, full and valid information.
Each user of the Service must agree to be bound by this Terms of Service Agreement and must have their own, unique login ID and password. You must notify Jugglesoft immediately of any unauthorized use of any password or account or any other known or suspected breach of security.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Jugglesoft, or any other Jugglesoft service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Jugglesoft.
“Bandwidth” means the total amount of data downloaded from and uploaded to the Service server during a given period of time. If an account utilizes significantly excessive bandwidth, compared to an account average across the system, Jugglesoft reserves the right to take whatever action it deems necessary, in its sole discretion, to ensure that the performance of the system is not significantly degraded for other users. Such actions may include, but will not necessarily be limited to, disabling the sending of email, uploads, downloads, user registration, and user login until the situation is remedied.
The maximum disk storage space allotted to you is dependent on the pay plan you choose. Check your account profile (under the “Account” tab) for the amount of storage allocated to you, and for current usage statistics. Once you reach that limit, no one in your account will be able to upload additional files. If you reach (or are approaching) this limit and wish to add capacity for more file storage, you may have the option to upgrade your account (with its associated maximum disk storage allotted), with implications to your billing charges.
Jugglesoft’s privacy and security policies are outlined at http://www.jugglesoft.com/privacypolicy.html.
The name of the user who registers for a new account is, by default, the “Account Administrator” and also the “Account Owner.” The Account Owner:
has the permission level to see the Credit Card Billing Information in the Account Profile of the Service.
A “Free Account” can be created without providing credit card information. All other account types require accurate and valid contact and billing information, including, but not limited to a valid credit card at the time of registration. You agree to update your contact or billing information within 30 days of any changes to that information (see Section entitled “Updating Your Contact and Billing Information”). If the contact or billing information you have provided is false or fraudulent, Jugglesoft reserves the right to terminate your access to the Service in addition to seeking other legal remedies.
For all account types except the “Free Account”:
The first 30-days after a new account is created are free. If you cancel your account before the 30th day of the free trial period, your credit card will not be charged. Any data or uploaded files related to your account will no longer be accessible.
If you do not cancel your account within the first 30 days, the credit card on record with the account will be charged, in advance, for the first billing cycle. The billing cycle starts on the 30th day of the Free Trial and continues as a monthly billing cycle from that date until termination, either by you or by Jugglesoft.
There are no refunds (pro-rated or otherwise) for a given billing period if you cancel your account or downgrade your account options. Account terminations or Account Downgrades will be reflected in the NEXT billing period.
All account upgrades will be calculated as pro-rated increases (1/31 of total monthly cost * number of days in effect until the next billing cycle begins, less pro-rated credit, if any, for the remaining paid days on the prior pay plan) in the first partial billing cycle in which they occur. That pro-rated charge will immediately be billed to the credit card of record. All subsequent regularly-scheduled billing cycles will be billed at the full rate appropriate to the account status on the date a new billing period begins. If you upgrade while your account is still in the 30-day free trial period, the free trial remains in effect and no charges will be incurred. However, the start date of your first billing cycle will remain the same.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Jugglesoft’s net income. You hereby authorize Jugglesoft to charge your credit card as described in this Agreement for subscriptions and services that you request or access through the JuggleMyStuff Service.
In addition to any other rights granted to Jugglesoft herein, Jugglesoft reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including without limitation attorneys’ fees. You will continue to be charged according to the current account plan and options during any period of suspension. If you or Jugglesoft terminates this Agreement, you will be immediately obligated to pay the balance due on your account. You agree that Jugglesoft may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Jugglesoft reserves the right to impose a reconnection fee in the event you are suspended and Jugglesoft thereafter grants your request to reinstate access to the Service. Such reinstatement will be at Jugglesoft’s sole discretion and may be denied for any lawful reason.
Termination of Account by Jugglesoft
You acknowledge and agree that Jugglesoft in its sole discretion, may suspend or terminate your account and/or deny you access to, use of, or submission of Content to, all or part of the Service, without prior notice and for any reason, including if you engage in any conduct that Jugglesoft reasonably believes: (a) violates the letter or spirit of any term or provision of these Terms of Service, (b) violates the rights of Jugglesoft or any third party, or (c) is otherwise inappropriate for continued access to and use of the Service.
Further, you agree that Jugglesoft will not be liable to you or any third-party for any termination of your access to the Service.
Jugglesoft reserves the right to refuse the Service to anyone for any lawful reason at any time.
Termination of Account by Customer
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. If you are the Account Owner/Account Administrator (“AA”), you can cancel your account at any time by clicking on the menu bar’s Account tab and going to the Account Profile screen. Clicking on the “Cancel Account” link and the resulting confirmation screen’s button labeled “Cancel this account” will immediately terminate your account.
If you cancel the Service before the end of your current paid up billing period, if any, your cancellation will take effect immediately and you will not be charged again. There will be no refund, pro-rated or otherwise, for account terminations prior to the end of the billing period.
Jugglesoft reserves the right to withhold, remove and/or discard Content without notice for any breach, including, without limitation, your non-payment of amounts due. Upon termination of your account for any reason, your right to access or use Content immediately ceases, Jugglesoft will have no obligation to maintain or forward any Content, and Jugglesoft will have the right to delete all of your Content. Deleted Content may not be recoverable.
The Service is owned by Jugglesoft or its suppliers or licensors and is protected by United States copyright laws and international treaty provisions. Jugglesoft (and its licensors, where applicable) own and retain all rights, title and interest in and to Jugglesoft technology and the Service, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. Therefore, you may not use, copy, or distribute the Software or Service without authorization.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, Jugglesoft technology or the intellectual property rights owned by Jugglesoft. The Jugglesoft name, the Jugglesoft logo, and the product names associated with the Service are trademarks of Jugglesoft or third parties, and no right or license is granted to use them.
The Service, other Service users, or third parties may provide links to other World Wide Web sites or resources. Because Jugglesoft has no control over such sites and resources, you acknowledge and agree that Jugglesoft is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Jugglesoft will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resources.
Updating Your Contact and Billing Information
If your account contact information needs to be updated or changed, a user with the “Account Administrator” permission level can access the Account Profile screen and make the necessary changes. If you have a paid Subscription Account and your account billing information needs to be updated or changed, only the current “Account Owner” can access this portion of the Account Profile screen to make the necessary changes. Please note that the roles/permission levels of “Account Administrator” and “Account Owner” are initially assigned to the individual whose name is provided during registration for a new account. Subsequent to completion of this first registration and the addition of new registered users to that same account, the “Account Administrator” and/or “Account Owner” roles can be re-assigned as needed. However, only the Account Owner can assign account ownership to someone else, and the new Account Owner must then provide the necessary changes to the billing information for the account prior to the start of the next billing cycle to continue access to the account.
A “Feedback” link on the majority of screens of the Service is there to make it easy for any registered user to contact Jugglesoft. The Feedback form, available after clicking the “Feedback” link, enables a user to suggest a feature, report any possible problems with the service, to ask for help (i.e., “Customer Support Request”), or to just provide some unsolicited feedback. Once the form is submitted, it is sent to Jugglesoft Support via email. Once Jugglesoft receives this email, Jugglesoft will make every effort to respond to your “Customer Support Request” or any other timely issue within 24 hours during regular business hours (Monday-Friday, 9am to 6pm, US Pacific Time). Please note that Jugglesoft only supports and responds to Customer Support Requests and questions by email. You agree that Jugglesoft is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (collectively “Feedback”) without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our products and services. Furthermore, by submitting Feedback on the Service, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Feedback or information submitted in any media, software, or technology of any kind now existing or developed in the future.
Representations and Warranties
You represent and warrant that your use of the Service does not and will not directly or indirectly infringe upon or violate the legal rights of any third party.
You further represent and warrant that all information provided by you in connection with your registration is and will be accurate and reliable as of the date that you provide it.
JUGGLESOFT AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. JUGGLESOFT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY JUGGLESOFT AND ITS LICENSORS.
JUGGLESOFT'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. JUGGLESOFT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
JUGGLESOFT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JUGGLESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL JUGGLESOFT’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so some of the exclusions or limitations set forth above may not apply to you.
Local Laws and Export Controls
Jugglesoft’s site provides services and uses software and technology that may be subject to export controls in the United States or other countries. You agree that you will not use the site, and will not transfer, export or re-export any of the site’s underlying information, software, or technology, in violation of such controls. You agree to assume sole responsibility for obtaining any required export or re-export licenses. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or individual (as applicable) that would cause your use of the Service to violate any law of the United States or any other country.
Jugglesoft and its licensors make no representation that the Service is appropriate or available for use outside the United States. If you use the Service from outside the United States, you are solely responsible for compliance with all applicable laws.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@jugglesoft.com and provide Jugglesoft’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Jugglesoft’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
You agree to defend, indemnify and hold harmless Jugglesoft and its employees, agents, directors, officers, affiliates, suppliers and licensors against any third-party claim or demand, including attorneys’ fees and court costs, due to or arising from Content that you submit, post or make available through the Service, your use of the Service, your violation of this Agreement, your breach of any representation or warranty herein, or your violation of any rights of any third party.
This Agreement constitutes the entire agreement between you and Jugglesoft and governs your use of the Service, superseding any prior agreements between you and Jugglesoft (including, but not limited to, any prior versions of the Terms of Service) with respect to the subject matter of this Agreement. This Agreement and the relationship between you and Jugglesoft will be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Jugglesoft agree to submit to the exclusive jurisdiction of the courts located in the County of Santa Clara, California and expressly waive any objection or defense based on lack of personal jurisdiction or venue in connection with any dispute arising out of or relating to these Terms of Service. The failure of Jugglesoft to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you and Jugglesoft agree that the court should endeavor to give effect to our mutual intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect. You and Jugglesoft agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after the claim or cause of action arose.
Jugglesoft reserves the right to revise these Terms of Service from time to time, without notice. The most current version can always be found at http://www.jugglesoft.com. It is your responsibility to periodically review the Terms of Service for any changes that might be pertinent to you or your account. Your continued use of any of the Service after such revision (or after termination of the Beta Evaluation Phase, as outlined in “Term and Termination of This Evaluation Phase”, will constitute your acceptance of the Terms of Service with the new revisions. If you do not agree to the changes, you may cancel your account (see Section titled “Termination of Account by Customer” above). You agree that cancellation of your account will be your sole remedy if you do not wish to abide by any changes to the Terms of Service.
If you have questions about these Terms of Service or wish to receive additional information, please send your request via email to support@jugglesoft.com.