GENERAL USERS TERMS AND CONDITIONS OF SERVICE
PLEASE READ THE TERMS AND CONDITIONS OF THIS SERVICE CAREFULLY BEFORE USE. THEY CONTAIN IMPORTANT INFORMATION REGARDING
- YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS
- VARIOUS LIMITATIONS AND EXCLUSIONS
- A CLAUSE GOVERNING THE JURISDICTION AND VENUE OF DISPUTES
- AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Effective May 2016
1. Key Terms.
- “User” means anyone using the Application, the Site or the Services, regardless of being registered or not.
- “Member” means a person who completes JASMO account registration process, including, but not limited, to Home Cooks and Customers.
- “Account ” means account registered by Members.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
- “JASMO Content’ means all Content that JASMO makes available through the Site, Application, or Services, excluding Member Content.
- “Collective Content”: means Member Content and JASMO Content.
- “Content” means any and all text, graphics, images, music, software (excluding the Application software), audio, video, information or other materials.
- “Customer” means a Member who orders a booking of a Home Cook Service via the Site, Application or Services.
- “Order” means an order by a Customer to book a Home Cook Service via the Site, Application or Services.
- “JASMO Venue” is the physical location where the JASMO Home Cook Service will be provided.
- “Home Cook” means a Member who offers cooking skills via the Site, Application and Services and who got on board of the JASMO Home Cook Community following a process as set out by JASMO.
- “Assignment” means the invitation by JASMO to execute a Customer Order by a Home Cook.
- “Home Cook Fee” means the fee the Customer is paying the Home Cook to cook a booked menu from scratch in the Customer’s own kitchen.
- “Service Fee” means the fee the Customer is paying for the Home Cook, for the ingredients delivered by JASMO, and for the food intelligence provided by JASMO.
- “Tax or Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state, and federal indirect other withholding and personal or corporate income taxes.
- “Third Party” is anyone who is not a Member, nor a User of the Site, Application or Services.
2. Terms and Conditions of the Services.
These “Terms” govern the access and the use of the Site, Application and Services and all Collective Content. They constitute a binding legal agreement with JASMO.
3. The Services.
JASMONOIDES LLC (hereafter referred to as "JASMO") provides an (a) online technological platform that connects Home Cooks who have cooking skills for hire with Customers seeking to rent against Home Cook Fee such services for an in-home experience and (b) the Customer with the food ingredients necessary to accomplish the aforementioned service and (c) the Customer with the paring food intelligence (collectively, the “Services”), which Services are accessible at the Application for mobile devices (the “Application”) and at the website www.jasmo.me (the “Site”).
4. Account Registration.
- Menus can be seen by an unregistered user to the Site, Application and Services.
- In order to access certain features of the Site and Application, and to order a Service, registration via the Site or Application is mandatory to create a JASMO Account, and to become a Member. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- You agree that at a predefined period preceding the JASMO Order or Assignment, the Application is reading the GPS of the Home Cook smartphone’s location and of the JASMO venue location.
- JASMO will maintain your JASMO Account and your Account profile page for your use of the Site, the Application and the Services, based upon the information you provide with us.
- You may not have more than one active Account.
- We reserve the right to suspend or terminate your Account and your access to the Site and the Services if you create more than one Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
- You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
- You agree that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
5. Account Deactivation.
- You may deactivate your Account at any time by sending an email to firstname.lastname@example.org.
- We may suspend access to your Account, or de-activate your Account, with or without notice according to these Terms. Reasons for us suspending or deactivating your Account may include, without limitation: (a) breach or violation of these Terms, (b) an extended period of inactivity (determined in our sole discretion), (c) your nonpayment of any fees or other sums due to us or the Services, (d) your failure to appear for the Services you have scheduled, or (e) unexpected technical or security issues or problems.
6. Ordering, Payment, Fees and Cancellation Policy.
- Payment Information. JASMO may collect payment information from the Customer and the Home Cook, which may includes credit card information, billing address, email address, bank account information, respectively at the time of booking or before.
- Cancellation Policy. JASMO’s cancellation policy does not allow for refunds. A cancellation of an Order more than 24 hours in advance of the scheduled date of the Services allows 1 postponement within 3 months of the day the Services have initially been ordered.
7. Member Content.
- Availability. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, the Application and the Services, you hereby grant to JASMO a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, the Application, and the Services.
- Sole Responsibility. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, the Application and the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Member Content that you make available through the Site, the Application, and the Services, or, (b) you have all rights, licenses, consents, and releases that are necessary to grant us the rights in such Member Content, as contemplated under these Terms;
- Violating Privacy. You will not invade another’s privacy, and you may not use someone’s personal data for commercial purposes or in some other manner that violates their rights or applicable laws. You will not use the Site or the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers, and you will not infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights.
- Annoy or Scam Users. You will not use the Site or the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements, and you will not "stalk" or harass any other User of the Site and the Services, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Member or a Home Cook.
- Attempt to Copy or Resell the Services. You will not reproduce nor try to reproduce the Site, or otherwise, try to exploit any part of, use of, or access to the Services.
- Violate IP Rights. You will not post, upload, publicize, submit or transmit Member Content or use Member Content (or any portion thereof) on, through or by means of the Site, the Application, and the Services, which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Please see our IP Compliance Policy for additional information and infringement reporting procedures.
- Circumvent JASMO. You will not use the Site or the Services to find a Member or a Home Cook and then complete an Order independent of the Site, the Application, or the Services, in order to circumvent the obligation to pay any fees related to our provision of the Site, the Application and the Services, or for any other reasons.
- Post Objectionable Content. You will not post, upload, publish, submit, or transmit any content that: (a) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (b) is fraudulent, false, misleading or deceptive; (c) is defamatory, obscene, pornographic, vulgar or offensive; (d) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (e) is violent or threatening or promotes violence or actions that are threatening to any other person; or (f) promotes illegal or harmful activities or substances. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may access, preserve, and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (a) respond to claims asserted against JASMO or to comply with legal process (for example, subpoenas or warrants), (b) enforce or administer our agreements with users, such as these Terms, (c) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (d) protect the rights, property or safety of JASMO, its users, or its members, or of the public.
- Monitoring. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, or to review or edit any Member Content, but we have the right to do so for the purpose of operating and improving the Site and the Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with these Terms, to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, at our sole discretion, consider to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or the Services.
8. JASMO Content.
Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, nonexclusive, nontransferable license, to (a) access and view any JASMO Content solely for your personal and noncommercial purposes, and (b) access and view any Member Content to which you are permitted access, solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
9. Collective Content.
You will not interfere with the Site, the Application, or the Services:
- You will not upload, promote or distribute software viruses or any other kind of computer code, files, or programs that attempt to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not interfere with our servers or networks connected to the Site, the Application, the Services, or try to disguise the origin of any content transmitted through the Site, the Application, or the Services.
- You will not use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Site, the Application, or the Services.
- Further, you will not interfere with or damage the Site, the Application, the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of- service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology.
10. Proprietary Rights.
The Site, the Application, and the Services are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Site, the Application, and the Services, including all associated intellectual property rights, are the exclusive property of JASMO.
- You further agree not to reproduce, duplicate, or copy Collective Content from the Site, the Application or the Services without our express written consent.
- You will not exceed the scope of authorized use and will not use the Site, the Application, or the Services for any commercial or other purposes that are not expressly permitted by these Terms, and you will not copy, store, or otherwise access any information contained on the Site or made available through the Service for purposes not expressly permitted by these Terms.
JASMO’s responsibilities are limited to: (a) providing the availability of the Site, Application and Services; (b) facilitating the process of getting Home Cooks on board of the JASMO Home Cook Community; (c) matching Home Cooks with Customers through the Site, Application and Services; (d) serving as the limited agent of each Home Cook for the purpose of accepting payments from Customers on behalf of the Home Cook; (e) providing JASMO standard kitchen kit to Home Cooks; (f) providing availability of JASMO Utensil kitchen kits to Customer whose kitchen is insufficiently equipped for the Services; (g) delivering food ingredients to the Customer; (h) providing JASMO Content on the Application, the Site and through the Services.
12. Third Parties.
- We may contract with payment processors to enable payments and payment systems. Payment Processor Payment processing services are provided by third party payment processing firm Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User, you agree to be bound by the Stripe Services Agreement. Please note that the Stripe Services Agreement may be modified by Stripe from time to time. As a condition of JASMO enabling payment processing services through Stripe, you agree to provide JASMO accurate and complete information, and you authorize JASMO to share it and transaction information related to your use of the payment processing services provided by Stripe. Unless otherwise expressly provided in a separate agreement with you, your obligation for payment to, and relationship with, our payment processor is a contractual matter between you and such Third Party. JASMO is not a party to, or responsible on account of, such contract. While we select our payment processors carefully and enter into detailed agreements imposing performance obligations, including confidentiality, on them, we cannot and do not guarantee their performance. If you have any concerns or problems with a payment, please email at email@example.com.
- We may from time to time include as part of the Site, the Application, or the Services computer software supplied by Third Parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We expressly disclaim any warranty or other assurance to you regarding such Third Party software.
- We may include or recommend Third Party resources, materials and/or links to Third Party websites, content and applications as part of, or in connection with, the Site, the Application, and the Services. We may have little or no control over such sites and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites, content or applications; (b) we are not responsible or liable for any content or other materials or performance available from such sites or applications: and (c) we shall 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, materials or applications.
- You agree to indemnify JASMO and to hold JASMO, its subsidiaries, affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any Third Party claims regarding your use of the Site, the Application, or the Services, to any violation of these Terms, or any other actions connected with your use of the Site, the Application or the Services. In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for your Account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation above.
- JASMO is not an owner or operator of an agency, nor is it a provider of properties, including, but not limited to, event venues, public halls, other lodgings. JASMO is neither an insurer.
- JASMO is not a party to the agreement entered into between Home Cooks and Customers. JASMO has no control over the conduct of the Home Cooks, the Customers and their guests, nor about the conduct of any User of the Site, the Application and the Services. JASMO disclaims any liability in this regard. If you use the Site, the Application or the Services, you do so at your sole risk. You acknowledge and agree that JASMO does not have an obligation to conduct background checks on any User, including, but not limited to, Members and Home Cooks, but may conduct such background checks in its sole discretion.
- The Site and the Services are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, JASMO explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. JASMO makes no warranty that the Site, the Application, the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- JASMO makes no warranty regarding the quality of any in-house dining or cooking experience, or the accuracy, timeliness, truthfulness, completeness, or reliability of any collective content obtained through the Site, the Application, or the Services. No advice or information, oral or written, obtained from JASMO or through the Site, the Application, the Services, will create any warranty not expressly made herein.
- You are solely responsible for all of your communications and interactions with any other User of the Site, the Application, the Services and with other persons with whom you communicate or interact as a result of your use of the Site, the Application, and the Services, including, but not limited to, any Member or Home Cook. You understand that JASMO does not make any attempt to verify the statements of any User of the Site, or the Application, or the Services. JASMO makes no representations or warranties as to the conduct of any User of the Site, the Application, the Services or their compatibility with any current or future User of the Site, the Application, or the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site, the Application, or the Services and with other persons with whom you communicate or interact as a result of your use of the Site, the Application, the Services, including, but not limited to Members and Home Cooks, particularly if you organize an event and meet offline or in person regardless of whether such meetings are organized by JASMO. JASMO explicitly disclaims all liability for any act or omission of any Member or other Third Party.
- You expressly understand and agree that JASMO, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if JASMO has been advised of the possibility of such damages, resulting from: (a) the use or the inability to use the Site, the Application, the Services; (b) the cost of procurement of substitute service resulting from any data, information, or service purchased or obtained or messages received or transactions entered into through or from the Site, the Application, the Services; (c) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; (d) statements or conduct of any Third Party on or using the Site, the Application, the Services related to the operation of the Services; (e) JASMO’s actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom; (f) your failure to protect the confidentiality of any passwords or access rights to your account information; (g) the acts or omissions of any Third Party using or integrating with the Site, the Application, the Services; (h) the termination of your account in accordance with the Terms; (i) any other matter relating to the Site, the Application, the Services.
14. Access, Use, Download, Post.
- By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services, you indicate that you have read these Terms, that you agree with these Terms, and that you acknowledge and agree to be legally bound by these Terms.
- If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- If you do not agree to these Terms, you have no right to use the Site, the Application, or the Services or, otherwise, continue using the Site, the Application, or the Services.
- Failure to use the Site, the Application and the Services in accordance with these Terms may subject you to civil and criminal penalties.
The Site, Application and Services are intended solely for persons who are 18 years or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.
- JASMO reserves the right, at its sole discretion, to modify the Site, Application or Services, including the Service Fee, or to modify these Terms, at any time and without prior notice.
- Any modification will be updated in these Terms and will be communicated on the Site, the Application or Services, or else, in an appropriate way.
- By continuing to access or use the Site, Application or Services after any such communication, Users agree to be bound by the modified Terms.
- If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, the Application, and the Services.
These Terms will be interpreted in accordance with the laws of the District of Columbia, without regard to its conflict of law provisions. You and JASMO agree to submit to the personal jurisdiction of the courts located within Washington, DC for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
18. Dispute Resolution
- Binding Arbitration. You and JASMO agree that any dispute, claim or controversy arising out of, or, relating, to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site, the Application, the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights as mentioned earlier. You acknowledge and agree that you and JASMO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
- Prohibition of Class and Representative Actions. Unless both you and JASMO otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and, the arbitrator may not preside over any form of any class or representative proceeding. You and JASMO agree, as part of the arbitration agreement, that each of us may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding. Unless both you and JASMO agree otherwise, the arbitrator may not consolidate or join your or our claim with another person’s or parties’ claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may only award relief, including monetary, injunctive, and declaratory relief, in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other JASMO users. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
- Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at http://www.adr.org/arb_med. The arbitrator will decide the substance of all claims in accordance with the laws of the District of Columbia, including recognized principles of equity, and the Federal Arbitration Act will govern the interpretation and enforcement of this section.
- Arbitration Initiation. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the District of Columbia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Process. Unless you and JASMO otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and JASMO submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different JASMO Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
- Arbitration Fees. The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise.
- If the amount of any claim in an arbitration is US$10,000 or less, JASMO will pay all filing, administration and arbitrator fees associated with the arbitration, as long (a) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (b) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the AAA.
- If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JASMO will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive.
- If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse JASMO for all fees associated with the arbitration paid by JASMO on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
- Changes to Dispute Resolution. Notwithstanding the provisions of the “Modification” section above, if JASMO changes this “Dispute Resolution” section after the date you first accepted these Terms, or accepted any subsequent changes to these Terms, you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Effective Date” above or in the date of JASMO email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and JASMO in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms, or accepted any subsequent changes to these Terms.
- These Terms constitute the entire agreement between you and JASMO and govern your use of the Site, the Application, and the Services, except for, and then only to the extent that you have entered into a separate agreement.
- These Terms supersede any prior agreements or earlier versions of these Terms between you and JASMO for the use of the Site, the Application and the Services as of the Effective Date indicated at the top of these Terms.
- If, through accessing or using the Site, the Application or the Services, you utilize or obtain any product or service from a Third Party, you may additionally be subject to such Third Party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such Third Party.
- The failure of JASMO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JASMO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.