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Terms of Use

BY ACCESSING, BROWSING AND/OR USING BACKGROUNDCHECKSWIKI.COM (THE "WIKI"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WIKI. YOUR FAILURE TO COMPLY WITH THE TERMS, CONDITIONS, AND NOTICES ON THE WIKI WILL RESULT IN AUTOMATIC TERMINATION OF ANY RIGHTS GRANTED TO YOU, WITHOUT PRIOR NOTICE.

Q2 Private Limited (“Q2”), which operates the Wiki may at any time without notice revise these terms by updating and amending the terms herein. By using the Wiki, you agree to be bound by such updated Terms of Use and should therefore periodically visit this page to determine the updated Terms of Use to which you are bound.

The Wiki is an online open-content collaborative portal made available by Q2. Unlike the structure of many Wikis, this project allows visitors to alter some but not all original content provided by Q2 ("Q2 Content"). Edits, feedback and comments ("Feedback," and together with the Q2 Content, the "Content") are welcomed and may be viewable by others accessing the Wiki. Even so, please be advised that Q2 has not necessarily reviewed the Feedback found in the Wiki and the Feedback provided may not be complete, accurate or reliable information. Q2 assumes no responsibility (and expressly disclaims responsibility) for updating the Wiki to keep information current or to ensure the accuracy or completeness of any posted information.

In consideration of your use of the Wiki, you represent and warrant to Q2 that you are of legal age to form a binding contract and are not a person barred from using the Wiki under the laws of Singapore or other applicable jurisdiction and you agree that you have not given false or erroneous information, assumed a false identity, or given any false information or the identity of another user, when using and/or registering for the use of the Wiki.  If you provide any information that is untrue, false or erroneous, or if Q2 has reasonable grounds to suspect that such information is untrue, false or erroneous, Q2 has the right to suspend or terminate your account and refuse any and all current or future use of the Wiki. 

 
Q2 does not guarantee the validity of the information found here at all times. The content of any given page may recently have been changed, vandalized or altered by someone whose opinion or information does not correspond with the state of knowledge in the relevant fields. The Content may contain technical inaccuracies or typographical errors and may be changed, improved or updated without notice. *Use of the Wiki and its Content is at your own risk.

Please be aware that Q2 does not grant any rights or licences to any copyrights, patents, trademarks, or any other intellectual property rights, except as otherwise expressly stated for the Content. All rights not expressly granted under this Agreement are reserved.

Q2 grants you non-exclusive, non-transferable, limited permission to access and display the pages within the Wiki, solely on your computer and solely for the purposes of assisting you with a background check for which you have the signed consent of the subject to conduct. If you use or reference Content from the Wiki, such Content is not to be constituted as information residing in the "public domain."
Content referenced on the Wiki may change at any time at Q2's sole discretion and are not intended to be a commitment to future product or Content availability in any way.

No Formal Review

Q2 provides no assurances that all required information to conduct an adequate background check may be resolved with the use of the Wiki or any Content. In addition, the Wiki is not uniformly reviewed; while readers may correct errors or engage in casual peer review, Q2 has no legal duty to do so and thus all Content is PROVIDED "AS-IS". Q2 MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE WIKI, THE CONTENT AND/OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WIKI. WITHOUT LIMITATION, Q2 MAKES NO WARRANTY OR GUARANTEE THAT THE WIKI IS AN EXHAUSTIVE DATABASE OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENT, OR THAT THE FUNCTIONS PERFORMED BY THE WIKI OR THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Q2 DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WIKI OR THE CONTENT OR THAT SUCH CONTENT IS UP-TO-DATE OR THAT ANY ERRORS IN THE WIKI OR THE CONTENT WILL BE CORRECTED. Q2 expressly disclaims any liability for errors or omissions and shall not be liable for any loss or damage resulting from any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software. Even documentation that has been vetted by informal peer review processes may later have been edited inappropriately, just before you view them.

Nothing contained in the Wiki is intended to, nor shall have the effect of, creating any warranties or representations from Q2.

None of the contributors, sponsors, administrators, or anyone else connected with Q2 in any way whatsoever will be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from this web site.

Q2 DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WIKI OR THE CONTENT OR THAT SUCH CONTENT IS UP-TO-DATE OR THAT ANY ERRORS IN THE WIKI OR THE CONTENT WILL BE CORRECTED. Q2, or its parent, holding, subsidiary or related companies, officers, employers, agents or licensors, expressly disclaim any liability for errors or omissions and shall not BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE FOR (I) any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software OR FOR (II) ANY USE OF THE WIKI, WEB SITE OR CONTENT, OR FOR ANY OTHER HYPER LINKED WEB SITE AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Q2 (OR ITS AUTHORISED REPRESENTATIVE) IS EXPRESSLY ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU AGREE THAT YOUR SOLE REMEDY IS THE RIGHT TO DISCONTINUE THE USE OF THE WIKI AND/OR THIS WEB SITE.

Code of Conduct

All users of the Wiki must fully comply with the Code of Conduct (“Code”) as hereinafter set forth at all times. You certify, represent and warrant that you will not violate this Code.
(a)       Restrictions on Information Input: You shall not input into the Wiki or use the Wiki to communicate (whether by way of uploading, posting, transmitting, sharing, storing or otherwise making available on the Wiki) any unlawful or inappropriate information or materials, including without limitation the following:

  • information that is fraudulent, false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
  • information that is subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
  • information that infringes the intellectual property rights or other rights of any third party, including without limitation copyright, trademark, privacy, publicity rights or other personal or proprietary right;
  • information that is personal or non-business related, including without limitation home addresses, credit card numbers, mobile or cellular telephone numbers;
  • information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar or offensive;
  • information that is defamatory or libelous;
  • information that is inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethically or otherwise objectionable in Q2’s sole opinion;
  • information that advocates or encourages conduct that could constitute a criminal offence;
  • information that is actionable or  may subject Q2 to legal action or liability of any kind;
  • information that violates any applicable local, state, national or international law, regulation or convention; and  
  • information that violates any terms of these Terms of Use or other agreement or policy set forth by Q2.

(b)       Use of Information: You shall not use the information obtained via the Wiki for any purposes or in any manner that is illegal or improper, including without limitation the following:

  • for any purpose, activity or in any manner that is criminal, illegal or actionable;
  • in violation of any local, state, national or international laws, regulations or conventions;
  • to illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
  • for unethical marketing activities;
  • to associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
  • to communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
  • to prepare or compile information to be distributed in any manner or form to any third party;
  • to enhance, verify, supplement, append, confirm or modify any compilation of information that is thereafter distributed in any manner or form to a third party;
  • to disclose or solicit the private, non-business information of any person; and
  • for sale, resale, sub-license, commercial use or redistribution of any kind without the express and prior consent of Q2.

(c)        Acts against the Wiki: You shall not engage or attempt to engage in any potentially harmful acts that are directed against the Wiki, including without limitation the following:

  • using the Wiki in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; 
  • causing, allowing or assisting any other person to use your account or impersonate you;
  • sharing your password or login details with any other person;
  • logging onto a server or account that you are not authorised to access;
  • forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
  • emulating or faking usage of the Wiki;
  • violating or attempting to violate any security features of the Wiki;
  • using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Wiki;
  • falsely stating or otherwise misrepresenting your affiliation with any person or entity;
  • introducing viruses, worms, software, Trojan horses or other similar harmful code into the Wiki;
  • interfering or attempting to interfere with the use of the Wiki by any other user, host or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Wiki;
  • causing, allowing or assisting machines, bots or automated services to access or use the Wiki without the express written permission of Q2;
  • tampering with the operation, functionality or the security of the Wiki;
  • attempting to override or circumvent any security or usage rules embedded into the Wiki that permit digital materials to be protected;
  • attempting to probe, scan, or test the vulnerability of the Wiki, or any associated system or network, or breach any security or authentication measures;
  • misusing, tricking, disrupting or otherwise interfering with the functioning of the Wiki;
  • taking any other actions that might compromise the security of the Wiki, render Wiki inaccessible to others or otherwise cause damage to the Wiki;
  • harvesting email addresses or other contact information of other users from the Wiki by electronic or other means;
  • reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to operate the Wiki;
  • engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Wiki or its Content; and
  • without Q2’s prior and express written consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Wiki for commercial purposes of any kind.

Q2 may monitor the Wiki for misuse of the Code and shall be the sole and final arbiter of suspected Code violations, misuse and the appropriate penalty. In the event of suspected violations of the Code, and without prejudice to any other remedies it may have under law, Q2 reserves the right to immediately and without notice to you (a) delete or modify Content, (b) suspend your account, (c) terminate your account, (c) disclose any information to law enforcement agencies, and/or (d) take legal action.

Termination

Q2 has the r ight in its sole discretion and, at all times, without notice to restrict, suspend, or cease your access to, and/or to provide you with, all or any part of the Wiki, without assigning any reason. Cause for such termination may include, but not be limited to (a) any breaches or violations or purported breaches or violations of the Code as aforementioned, (b) any breaches or violations or purported breaches or violations of the Terms of Use, the Code or other incorporated agreements or guidelines, (c) requests by law enforcement or other government agencies, (d) a request by you, (d) discontinuance or material modification to the Wiki (or any part thereof), or (e) unexpected technical or security issues or problems. Further, Q2 may investigate complaints or violations of these Terms of Use and, notwithstanding any other terms or policies, it may take any action it deems appropriate including, without limitation, disclosing any information to enforcement agencies or others. In addition, Q2 reserves the right to pursue all remedies available for such violations including without limitation civil, criminal or injunctive relief, and may revoke access to the Wiki at any time. Accordingly, you agree that all terminations for cause shall be made in the Q2’s sole discretion and that Q2 shall not be liable to you or any third party for any termination of your account.

You agree that Q2 shall have the right to cease providing you access to the Wiki after your account has been terminated or suspended but that Q2 shall continue to retain all rights in your personal identifiable information (including without limitation the right to use such information in accordance with the privacy policy set out in the Wiki and as amended from time to time (“Privacy Policy”)).

Indemnity

You agree to indemnify and hold Q2 and its parent, holding, subsidiary or related companies, officers, employers, agents or licensors harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your use of the Wiki, your Feedback on the Wiki, your breach of the Terms of Use, or your violation of any rights of another or your breach of any applicable law.

Licence to Your Contributions

By uploading, submitting or otherwise making available or contributing to Q2 or the Wiki any Feedback, you grant Q2 an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid up, licence to use, make, have made, reproduce, display, perform, publish, upload, post, modify, create derivative works from, transmit, distribute, sell, offer for sale and sub-license or otherwise transfer those materials or information or their modifications, and to authorize third parties to do any, some or all of the foregoing including, but not limited to, sub-licensing others to do any some or all of the foregoing indefinitely.

You represent and warrant to Q2 and its successors in title and assigns that you have sufficient rights in those materials or information to grant these rights and licenses and that:-

  • the Feedback and the use thereof do not and will not infringe upon any patent, copyright, trade secret, trademark or other personal or proprietary right of any person or entity and/or you have obtained all necessary licences, consents and approvals relating to the use of, content and material of the Feedback;
  •  you have the full power and all necessary rights to enter into this Agreement, to carry out your obligations hereunder and to grant the rights herein to Q2 and you have not previously granted and will not grant any rights to the Feedback to any third party which are inconsistent with the rights granted to Q2;
  • the Feedback and/or its content do not infringe any applicable laws or regulations nor contain any statement or content that is pornographic, defamatory, threatening, liable to incite racial hatred, discriminatory or in breach of confidence.

The representations and warranties above shall be deemed to be have been given by you at the time of the provision of the Feedback and shall be repeated throughout the continuance of this Agreement.

You also agree that Q2 and its sub-licensees as described above are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You recognise that Q2 will earn advertising revenue from the Wiki and the Content made available on the Wiki may include Feedback provided by you and you agree and acknowledge that all advertising revenue shall belong to Q2 and you shall not have any claim to any such advertising revenue.

Further, you hereby give permission to Q2 to release your name or otherwise publicize the fact that you submitted materials or other information to us, and Q2 may do so without the need of further notice to you.

Notwithstanding any other terms in this Agreement, Q2 is under no obligation to use, post or upload any contribution you make to the Wiki or otherwise, and Q2 may remove any posting or upload you make at Q2's sole discretion.

No Confidential Information

Q2 does not want to receive confidential or proprietary information or material from you through the Wiki. Information that you submit to Q2 or the Wiki may be posted publicly without notice to you. Please note that any information or material sent to Q2 or the Wiki will be deemed not to be confidential.
Unless otherwise stated in this Agreement, personal identifiable information that you submit to Q2 in the Wiki or otherwise will be handled in accordance with our Privacy Policy.

You agree to allow Q2 and its subsidiaries to, inter alia, store and use your business contact information, including names, business phone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship which will include using your information for marketing, research, and other purposes; and may be provided to contractors acting on Q2's behalf, Q2 Business Partners who promote, market, and support certain Q2 products and services, and assignees of Q2 and its subsidiaries, for uses consistent with such business relationship. You agree that we may use your information to send you information about Q2 and others' products and services, including by email.

Intellectual Property

The rights, title and ownership of all copyright, patents and all intellectual property rights (including the Marks (as defined below)) in the Wiki (including without limitation all content therein or thereon) and/or the personal identifiable information submitted by the users (collectively the “Rights”), shall at all times belong to Q2, and/or to such other third parties as are authorised or permitted or licensed by Q2, or having such interest to the Rights under the applicable law.
All trademarks or logos (“Marks”) presented on the Wiki are and remain the property of Q2 or other third parties which have licensed, authorised or permitted Q2 to use the Marks. No licences or other rights in or to such trademarks or logos are granted and all rights to the Marks, including any goodwill, are expressly retained and/or reserved by Q2 and/or the relevant third parties.  You are not permitted to use such Marks. The Wiki may contain other proprietary notices and copyright information which may be posted in particular areas of the Wiki, the terms of which must be observed and followed.

User Links to Wiki

If you link to the Wiki, the link and pages that are activated by the link must not: (a) create frames around any page on the Wiki or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Q2; (c) imply that Q2 approves or endorses you, your web site, or your service or product offerings; or (d) present false or misleading impressions about Q2 or otherwise damage the goodwill associated with the Q2 name or trademarks. Any other links to the Wiki must be approved in writing by Q2. As a further condition to being permitted to link to the Wiki, you agree that Q2 may at any time, in its sole discretion, terminate permission to link to the Wiki. In such event, you agree to immediately remove all links to the Wiki and to cease using any Q2 trademarks.

Links to Third-Party Web Sites

There may be links on the Wiki to third party web sites or to other information.  Such links are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation by Q2 of the third party, the third-party web site, or the information contained therein.  Q2 is not responsible for the availability of any such web sites, or the content thereon.  If you use these links, you will leave the Wiki, and will be subject to the terms of use and privacy policy applicable to those web sites.

Miscellaneous

  • If any provision of these Terms of Use are found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.
  • Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between Q2 and you and neither party shall have any authority to bind the other in any way.
  • A failure by Q2 to exercise or enforce any rights conferred upon it by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
  • Except as provided for in the Terms of Use, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
  • No party shall not be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
  • For purposes of this Agreement, a “Force Majeure Event” is an event or circumstance beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement.  Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

Jurisdiction and Legality of Content

Laws in your country or jurisdiction may not protect or allow the same kinds of speech, data collection or distribution. Q2 and the Wiki do not encourage the violation of any laws, and Q2 is not responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.
This Agreement shall be governed by and construed in accordance with the laws of Singapore, without giving effect to conflict of law principles. You hereby submit to the non-exclusive jurisdiction of the Singapore courts. No party to this Agreement may bring a legal action under this Agreement more than one year after the cause of action arose.  

Users of the “Employer Directory” within the Wiki will also have access to Jigsaw Data Corporation Data and as such are required to agree to their terms and conditions detailed below before joining the Wiki.   Jigsaw Terms of Use Agreement

Effective Date: November 23, 2010

Outline 1. INTRODUCTION

Jigsaw Data Corporation (“Jigsaw”) welcomes you.  Please carefully review these Terms of Use (“TOU” or “Agreement”), as they contain important information regarding your legal rights, remedies, and obligations.  The TOU apply if you visit, view, use, or access (collectively, “access”) Jigsaw’s websites made available on <jigsaw.com> (the “Website”), and/or (hereinafter, “or”) if, through any Internet-enabled mechanism, you access data, information, products, services, or applications (collectively, “Services”) made available by or from Jigsaw.

2. LEGALLY BINDING AGREEMENT

By accessing the Website or Services, you represent and warrant that you have read and understood, and agree to be bound by these TOU and that you acknowledge the adequacy of consideration of this Agreement.  Please review this document carefully as it is a legally binding document between you and Jigsaw.  If you do not agree to these TOU, you are prohibited from accessing the Website and the SERVICES.  Please exit immediately.  Jigsaw reserves the right to modify, alter and update the content of these TOU at any time.  Changed TOU will be indicated by the “effective date” at the top of this agreement.  If you do not agree to such changes, please exit the Website and Services immediately.

3. ELIGIBILITY

The Website and Services are not targeted to, and should not be used by, persons under the age of 18.  BY ACCESSING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the website or services under the laws of any applicable jurisdiction. 

4. PRIVACY STATEMENT; CHANGES TO AGREEMENT AND PRIVACY STATEMENT
  1. Privacy Statement.  By accessing the Website, you consent to the collection and use of certain information about you, as specified in the Jigsaw Member and Web Site Visitor Privacy Statement, incorporated hereto. Jigsaw encourages users of the Website to frequently check the Jigsaw Member and Web Site Visitor Privacy Statement . By accessing the Website, you represent and warrant that you have read and understood, and agree to be bound by, the Jigsaw Member and Web Site Visitor Privacy Statement. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE JIGSAW MEMBER AND WEB SITE VISITOR PRIVACY STATEMENT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
  2. Changes.  JIGSAW RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE JIGSAW MEMBER AND WEB SITE VISITOR PRIVACY STATEMENT AT ANY TIME. Notice of any such change will be given by the posting of a new version or a change notice on the Website. It is your responsibility to review this Agreement and the Jigsaw Member and Web Site Privacy Statement periodically. If at any time you find any unacceptable, you must immediately leave the Website and refrain from using the Website and Services.
5. MEMBER REGISTRATION, SCREEN NAME, AND POINTS
  1. Member Registration. By accessing the Website, you are not automatically a Jigsaw Member; you are a “Website Visitor”.  In order to become a Jigsaw Member, you are required to complete a registration process.   You certify, represent and warrant that the information you provide therein is true, accurate, complete, current, and that it belongs to you.  You shall keep your information complete and up-to-date at all times.  Failure to maintain your registration information may cause your access to the Services to be interrupted, suspended, or terminated.  You are responsible for monitoring your account, changing your password periodically and notifying Jigsaw immediately of any unauthorized use or breach of security of your password.
  2. Members and Contacts.  Your Member registration information is not automatically entered into Jigsaw’s proprietary business directory, which contains, among other things, Company, Contact, Company Wiki, and Family Tree information (the “Directory”). You may, however, choose to enter your own business contact information into the Directory, and thereby become a “Contact” in the Directory.  Likewise, another Member may enter your business contact information in the Directory, regardless of whether you have registered on the Website.  Please note: as a Member, you may contribute to and access the Directory; however, you do not retain any ownership rights in the Directory.  Likewise, information contributed to the Directory may be shared with other Members and with third parties, in Jigsaw’s discretion. To learn more about our Directory, please visit the Jigsaw Business Contact Privacy Statement.
  3. Screen Name.  In order to access certain Services as a Member, you must select a unique screen name as your public identity on the Website.  Your screen name identifies you to other Members.  To protect your privacy, you should choose a screen name that does not reveal your identity.
  4. Points.  Jigsaw uses a point and rating system on the Website.  You may be awarded points based upon your activity.  You may also purchase points.  However, point purchases may be subject to volume and plan discounts according to your particular plan details, and all point purchases are final.  Points have no monetary value and are not redeemable for cash or money, regardless of how you acquired those points; you are responsible for tax consequences, if any, that may result from your participation in the points system.  Points are not your personal property, and your only recourse for using Points is through the Services.  The scope, variety and types of Services that may be obtained through points can change at any time.  Points can expire as set forth in your particular Plan Details.  As of the effective date of your cancellation or termination, you will forfeit your point balance.  Please note that Jigsaw may reduce or adjust your point balance or rating, change system point values or modify the point and rating system at any time in its sole discretion.  Moreover, Jigsaw may cancel, suspend or otherwise limit your access to your points balance if we suspect fraudulent, abusive or unlawful activity with respect to your account.
6. SUBSCRIPTION ACCOUNTS
  1. Generally.  Jigsaw offers additional, paid, services (each, a "Plan"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan. To view your particular Plan Details, login and click on the "My Account" link from the "My Jigsaw" tab.  If your current plan is not satisfying your needs, you may email us at support@jigsaw.com for more information.
  2. Method of Payment.  Payments may be made by credit card. Unless otherwise indicated in your Plan Details, your credit card will be charged on a recurring basis as long as your account remains open and active. Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize Jigsaw to charge your credit card for your recurring subscription fee payments as applicable based upon your Plan Details.  Jigsaw is permitted to bill you as described in your Plan Details, including any applicable tax and any other charges you may incur in connection with your use of the Website or Services. Additional charges may include individual point purchases and other requested data services.
  3. Your Credit Card Information. You are required to provide all information necessary to open and maintain your subscription account.  For security purposes, certain plans may require that you to enter and maintain valid credit card information regardless of any applicable payment options. You authorize JIGSAW to share information as is necessary to process your payments.  Jigsaw will use commercially reasonable business practices to secure your credit card information.  You may change your credit card information at any time from the "My Account" area. You shall keep your credit card information up-to-date at all times. You must promptly notify Jigsaw of credit card loss, theft or unauthorized usage. Unless you provide such notice, you agree to pay all fees and remain liable for unauthorized usage of the Website or Services.
  4. Cancellation.  You may cancel your subscription account at any time and for any reason. WHEN YOU CANCEL YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF ANY SUBSCRIPTION FEES. WHERE APPLICABLE, AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY JIGSAW. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE.  SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED. YOU WILL FORFEIT YOUR ACCUMULATED CONTACTS, POINTS, AND RATING UPON THE EFFECTIVE DATE OF YOUR CANCELLATION.
  5. Termination.   Jigsaw may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Services. You will forfeit your accumulated contacts, points, and rating upon termination. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION.
7. LICENSE

Subject to your compliance with the terms and conditions of this Agreement, and any other agreement between you and Jigsaw, Jigsaw grants you a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website and Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of Jigsaw or any other party. In the event that you breach any provision of this Agreement, your rights under this paragraph will immediately terminate. By accepting this license, you agree that all information contained in the Directory is the proprietary, confidential information of Jigsaw, that you will safeguard and protect such information, and that you will use the information in accordance with the Code (below). Your obligations set forth above shall survive termination of this Agreement.

8. CODE OF CONDUCT

This section sets forth the Jigsaw Code of Conduct (the “Code”). All Members and Website Visitors must fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.

  1. Restrictions on Inputting Information.  You shall not enter illegal or improper information into the Website or in or through the Services, including, without limitation, the following:
    1. Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
    2. Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
    3. Information that infringes the copyrights or intellectual property rights of others;
    4. Information that is personal or non-business related, including, home addresses, Social Security numbers and credit card numbers;
    5. Mobile or cellular telephone numbers;
    6. Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing,  hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
    7. Information that is defamatory, libelous,  fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
    8. Information that advocates or encourages conduct that could constitute a criminal offense;
    9. Information that is actionable or may subject Jigsaw to legal action or liability of any kind;
    10. Information that violates any applicable local, state, national or international law, regulation, or convention; or
    11. Information that violates any provision of this Agreement or any other agreement or policy set forth by Jigsaw.
  2. Use of Information Obtained via Website/Services. Jigsaw has no actual control over your use of information outside the Website. You shall not access the Website or Services for any purposes or in any manner that is illegal or improper, including, without limitation, the following:
    1. For any purpose, activity or in any manner that is criminal, illegal or actionable;
    2. In violation of any local, state, national or international laws, regulations or conventions;
    3. To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
    4. For unethical marketing activities;
    5. To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
    6. To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
    7. To prepare or compile information that is distributed in any manner or form to any third-party;
    8. To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
    9. In connection with any individual credit, employment, or insurance decision;
    10. To disclose or solicit the private, non-business, information of any person;
    11. For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without Jigsaw’s express, prior consent.
  3. Acts against the Website/Services.  You shall not attempt to or engage in potentially harmful acts that are directed against the Website or Services including, without limitation, the following:
    1. Using the Website or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
    2. Failing to maintain an acceptable Member rating;
    3. Causing, allowing or assisting any other person to use your account or impersonate you;
    4. Sharing your password or login with any other person;
    5. Logging onto a server or account that you are not authorized to access;
    6. Forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
    7. Emulating or faking usage of the Website or Services;
    8. Violating or attempting to violate any security features of the Website;
    9. Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Website;
    10. Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
    11. Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Website or Services;
    12. Interfering or attempting to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website;
    13. Causing, allowing or assisting machines, bots or automated services to access or use the Website or Services without the express written permission of Jigsaw;
    14. Tampering with the operation, functionality or the security of the Website or Services;
    15. Attempting to override or circumvent any security or usage rules embedded into the Website or Services that permit digital materials to be protected;
    16. Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures;
    17. Misusing, tricking, disrupting or otherwise interfering with the functioning of the Website or Services;
    18. Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means;
    19. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website or Services;
    20. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
    21. Uploading, posting, transmitting, sharing, storing or otherwise making available any content that Jigsaw deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; and
    22. Without Jigsaw’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Website for commercial purposes of any kind.
  4. Suspected Misuse and Penalties. Jigsaw may monitor the Website and Services for misuse of the Code. Jigsaw shall be the sole and final arbiter of suspected Code violations, misuse and penalty. For suspected violations, and without limiting any of its other remedies, Jigsaw reserves the right to immediately and without notice:
    1. Delete or modify content;
    2. Assess penalty points to your account;
    3. Suspend your account;
    4. Terminate your account;
    5. Identify you to third parties;
    6. Take legal action.

Jigsaw intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.  Jigsaw reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.

9. YOUR CREATIVE CONTENT

Separate and apart from contributing to the Directory, Jigsaw's Website may allow you to post content, such as messages, images, text, photos, graphics, audio, video or other material (“Your Creative Content”) through message boards, forums, Member blogs or other interactive features. With respect to Your Creative Content, while you retain any and all of your lawfully owned rights therein, you hereby grant Jigsaw a royalty-free, perpetual, irrevocable, worldwide transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Creative Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any Visitor of Jigsaw's Website to access, store, distribute, perform, reproduce and prepare derivative works of Your Creative Content. No compensation will be paid to you or to any other person or entity with respect to Your Creative Content.

Jigsaw may remove Your Creative Content at any time in its sole discretion. You are solely responsible at your own cost and expense to create backup copies of Your Creative Content. Likewise, by accessing the Services you may be exposed to other Members’ Creative Content that you find offensive, indecent or objectionable -- you agree that you use the Website and Services at your own risk.

You agree that Jigsaw is not under any obligation of confidentiality, express or implied, with respect to Your Creative Content. You represent and warrant that you own or otherwise control all necessary rights to Your Creative Content, that it does not violate or infringe upon the intellectual property rights of a third party, that it is accurate, that it does not contain libelous, defamatory or otherwise unlawful material, that it does not violate anyone’s rights to publicity or privacy, that it will not cause injury to any person or entity, that it does not otherwise violate these TOU, and that you will indemnify Jigsaw and its service providers for all claims resulting from Your Creative Content.

As the provider of the Website, Jigsaw is only a forum and is not liable for any statements, representations, or omissions made through Your (or other Visitors’) Creative Content. Any opinions, advice, purported facts, or recommendations expressed therein are those of the Visitors who make them, and not those of Jigsaw; Jigsaw does not endorse any opinion, purported fact, recommendation or advice expressed therein. Likewise, it is your responsibility to exercise due care and caution (for your privacy, safety, and identity, among other concerns) when posting Your Creative Content or accessing the Website or Services.

10. INTELLECTUAL PROPERTY

The Website and all content and materials located thereon, including without limitation any Jigsaw names and logos (the “Jigsaw Marks”), the Services, Directory, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Jigsaw or its licensors. Except as explicitly provided, neither the Website nor this Agreement grant you any right, title or interest in or to any such content or materials. The Jigsaw Marks are trademarks or registered trademarks of Jigsaw. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2004, Jigsaw Data Corporation, ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by Jigsaw in a signed writing, you have no intellectual property or other rights in the information you contribute to the Directory.

As Jigsaw asks others to respect its intellectual property rights, Jigsaw respects the intellectual property rights of others. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Likewise, if you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Jigsaw to delete, edit, or disable the material in question, you must provide Jigsaw with all of the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jigsaw to locate the material;
  4. information reasonably sufficient to permit Jigsaw to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Jigsaw’s designated agent at:

DMCA Agent
Jigsaw.com
Jigsaw Data Corporation
777 Mariners Island Blvd. Suite 400
San Mateo, CA 94404

11. DISCLAIMERS; LIMITATION OF LIABILITY
  1. NO WARRANTIES
    ALTHOUGH JIGSAW TAKES REASONABLE MEASURES TO KEEP THE WEBSITE AND SERVICES ERROR-FREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK.  JIGSAW, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER JIGSAW NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE.
  2. YOUR RESPONSIBILITY FOR DAMAGE
    YOU AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD JIGSAW OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
  3. YOUR RESPONSIBILITY FOR YOUR ACTIONS
    YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER WEBSITE VISITORS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE  OR THROUGH THE SERVICES THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE.
  4. LIMITATION OF LIABILITY
    YOU AGREE THAT NEITHER JIGSAW, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS,  NOR ITS LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE OR THE SERVICES.  JIGSAW IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD-PARTIES (INCLUDING OTHER VISITORS OR MEMBERS), AND YOU RELEASE JIGSAW, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES.  IN THIS REGARD, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

    THE LIABILITY OF JIGSAW, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JIGSAW, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO JIGSAW, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF JIGSAW, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $200.00 USD OR THE AMOUNT YOU HAVE PAID US IN THE LAST 12 MONTHS.
  5. APPLICATION
    THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY BETWEEN YOU AND JIGSAW OR BETWEEN YOU AND ANY OF JIGSAW’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
12. INDEMNIFICATION

You agree to indemnify and hold Jigsaw, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees (collectively, “Claims”), arising out of or in connection with: (1) your use of the Website or Services; (2) any violation of this Agreement (including, without limitation, the Code); (3) your violation of any law or the rights of any third party. Jigsaw will have the right, but not the obligation, to participate through counsel of its choice in any defense by you of any Claims as to which you are required to defend, indemnify, or hard harmless Jigsaw. You may not settle any Claims without the prior written consent of the concerned Jigsaw person or persons.

13. THIRD-PARTY WEBSITES

On Jigsaw’s Website, you may find links to websites operated by third parties (“Third-Party Sites”).  Jigsaw does not endorse or control Third-Party Sites, each of which may be governed by its own terms of service and privacy policy.  Jigsaw disclaims, and you hereby agree to assume, all responsibility and liability for any damages or other harm, whether to you or third-parties, resulting from your use of Third-Party Sites.  Please take all protections necessary to protect yourself and your computer system when accessing Third-Party Sites, particularly when downloading or purchasing anything therefrom.

14. TERMINATION
  1. Method
    You may terminate this Agreement at any time, for any or no reason at all, by providing Jigsaw written notice  of your intent to do so (Jigsaw Data Corporation, Attn: Legal Department, 777 Mariners Island Blvd. Suite 400, San Mateo CA 94404). 
    Without altering any other provision of this Agreement, Jigsaw may terminate this Agreement without notice or liability.  Jigsaw may also deny, suspend, cancel, or terminate your use of the Website or Services, including without limitation, for breach or suspected breach of this Agreement or of any applicable law or regulation.
  2. Effect of Termination; Survival
    If this Agreement terminates, you will no longer be authorized to access the Website or Services. Sections 7-9, 11, 12, and 14-16 of the Agreement will survive termination.
15. ARBITRATION

EXCEPT AS MAY OTHERWISE BE PROVIDED BELOW OR IN A SIGNED AGREEMENT BETWEEN YOU AND JIGSAW, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS OF THE WEBSITE OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of you or Jigsaw  has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated the Code set forth above, then you and Jigsaw acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Website may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be in San Mateo, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

16. GOVERNING LAW

This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in San Mateo, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles.

To the extent arbitration is not required under this Agreement, THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES WILL BE THE STATE AND FEDERAL COURTS IN SAN MATEO, CALIFORNIA. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITORS OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to this agreement, the Website or Services be instituted more than one (1) year after the cause of action arose.

17. MISCELLANEOUS
  • Jigsaw’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  • If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
  • Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
  • Jigsaw may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under this Agreement are not assignable by you without written consent of Jigsaw.
  • Headings are used for convenience only and are not to be used for meaning or intent.
  • This Agreement, along with your Plan Details, and any other signed writing between you and Jigsaw regarding the Services, constitutes the entire understanding between you and Jigsaw and supersedes any prior or contemporaneous communications or provisions on the subject matter. This Agreement cannot be modified, unless in a writing labeled “Modification to TOU”, executed by both you and an officer of Jigsaw.
  • Jigsaw values your enthusiasm of its Website and Services. If you have any questions, comments, suggestions, or concerns, or if you would like to provide any notice under this Agreement, please contact us via certified mail at:

Jigsaw Data Corporation
Attn: Legal Department
777 Mariners Island Blvd. Suite 400
San Mateo, CA 94404