Last updated September 1, 2023
1. USE OF THE SERVICES AND JAN3 PROPERTIES
The Website provides Users with content and information about our Services and allows Users to subscribe to our mailing list.
The JAN3 brand and other related graphics, logos, service marks and trade names used on or in connection with JAN3 Properties or in connection with the Services are the trademarks of JAN3 and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in JAN3 Properties are the property of their respective owners.
3. USER CONDUCT
As a condition of your use of the JAN3 Properties, you agree not to use JAN3 Properties for any purpose that is prohibited by the Agreement or by applicable law.
4. THIRD-PARTY MATERIALS, WEBSITES, AND APPLICATIONS
As a part of JAN3 Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for JAN3 to monitor such materials and that you access these materials at your own risk. JAN3 Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left JAN3 Properties and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of JAN3. JAN3 is not responsible for any Third-Party Websites or Third-Party Applications. JAN3 provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites or Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
5. DISCLAIMER OF WARRANTIES AND CONDITIONS
5.1 As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF JAN3 PROPERTIES IS AT YOUR SOLE RISK, AND JAN3 PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. JAN3 PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JAN3 OR THROUGH JAN3 PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5.2 No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT JAN3 PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD JAN3 PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
6. LIMITATION OF LIABILITY
Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JAN3 PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH JAN3 PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, WHETHER OR NOT JAN3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF JAN3 PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
7. INTERNATIONAL USERS
JAN3 Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that JAN3 intends to announce such Services or content in your country. JAN3 Properties are controlled and offered by JAN3 from its facilities in The Republic of Honduras. JAN3 makes no representations that JAN3 Properties are appropriate or available for use in other locations. Those who access or use JAN3 Properties from other countries do so at their own volition and are responsible for compliance with local law.
8. GENERAL PROVISIONS
8.1 Electronic Communications
The communications between you and JAN3 use electronic means, whether you visit JAN3 Properties or send JAN3 e-mails, or whether JAN3 posts notices on JAN3 Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from JAN3 in an electronic form; and (2) agree that all Agreement and conditions, agreements, notices, disclosures, and other communications that JAN3 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without JAN3’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
8.3 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to JAN3 Properties, please contact us at: contact @ jan3.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
8.4 Governing Law
THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF PRÓSPERA ZEDE IN THE REPUBLIC OF HONDURAS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT OR ITS SUPPLEMENTAL TERMS.
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
8.7 Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.