Last updated: April 5, 2026
We are Jstoker LLC (‘Company’, ‘we’, ‘us’, or ‘our), a company registered in New York, United States at 11735 Stanley Dr, Corning, NY 14830-2097. We operate the website jstoker1itech19643.tailfaade1 ts.net (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms) (collectively, the ‘Services}.
We provide educational services, news, and open-source software
You can contact us by phone at 1-607-426-6094, email at jacob91stoker@gmail.com, or by mail to 11735 Stanley Dr, Corning, NY 14830-2097, United States. ‘These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Jstoker LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
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All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. if you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES. 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. PROHIBITED ACTIVITIES 5. USER GENERATED CONTRIBUTIONS 6. CONTRIBUTION LICENCE 7. THIRD-PARTY WEBSITES AND CONTENT 8. SERVICES MANAGEMENT 9. PRIVACY POLICY 10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY 11. TERM AND TERMINATION 12. MODIFICATIONS AND INTERRUPTIONS 13. GOVERNING LAW 14. DISPUTE RESOLUTION 15. CORRECTIONS 16. DISCLAIMER 17. LIMITATIONS OF LIABILITY 18. INDEMNIFICATION 19. USER DATA 20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 21. CALIFORNIA USERS AND RESIDENTS 22. MISCELLANEOUS 23. CONTACT US
‘The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction of country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly those persons wiho choose to ‘access the Services from other locations do so on their own itative and are solely responsible for compliance with local laws, i and tothe extent local laws are applicable. [NYS EDN §2-D, required by law, we dont collect information, except your IP address (in which is logged to check performance in different locations including Ping, Speed, IP)
(Our intellectual property We are the owner or the licensee of all intelectual property rights in our Services, including all source code, databases, functionality, software, website designs, aud, video, text, ‘photographs, and graphics in the Services (collectively, the Content), as well s the trademarks, service marks, and logos contained therein (the Marks). ‘Our Content and Marks are protected by copyright and trademark laws (and various other intellectual propery rights and unfair competition laws) and treaties inthe United States ‘and around the word. “The Content and Marks are provided in or through the Services 'AS IS'for your personal, non-commercial use or internal business purpose only. Your use of our Services ‘Subject to your compliance wih these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable cence to + access the Services; and + download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or intemal business purpose. Except asset outin this section o elsewhere in our Legal Terms, no part ofthe Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without out ‘express prior written permission, you wish to make any use ofthe Services, Content, or Marks other than as set out inthis section or elsewhere in our Legal Terms, please address your request to: jacob@1stoker@ gmail.com. Ifwe ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors ofthe Services, Content, or Marks and ensure that any copyright or proprietary notice appears os visible on posting reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. ‘Any breach of these Intellectual Property Rights wll constitute a material breach of our Legal Tetms and your right to use our Services will terminate immediately. Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. ‘Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (Submissions), you agree to assign to us all intelectual property rights in such Submission. You agree that we shall own this Submission and be entied tits unrestricted use and dissemination for any lawful purpose, ‘commercial or otherwise, without acknowledgment or compensation to you. ‘Contributions: The Services may invite you to chat, contrbute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, ‘submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not imited to text, writings, video, au, ‘photographs, music, graphics, comments, reviews, rating suggestions, personal information, of other material (Contributions). Any Submission that is publicly posted shall also be treated as a Contibuton. ‘You understand that Contributions may be viewable by other users ofthe Services and possibly through third-party websites. When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unimited, inevocable, perpetual, non-exclusive, transferable, royat-tree, fully-paid, worldwide right, and licence to: use, copy reproduce, distribute, sel, resell, publish, broadcast, eile, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in pat), and exploit your Contributions (Including, without limitation, your image, ‘name, and voice for any purpose, commercial, advertising or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted inthis section. Our use and distribution may occur in any media formats and through any media channels. This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and ‘commercial images you provide. ‘You are responsible for what you post or upload: By sending us Submissions andlor posting Contributions through any part ofthe Services or making Contributions accessible through the Services by inking your account through the Services to any of your social networking accounts, you: + confi that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is ilegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; + to the extent permissible by applicable law, waive any and all mora rights to any such Submission andlor Contribution; + warrant that any such Submission andlor Contributions are orignal to you or that you have the necessary rights and licences to submit such Submissions andlor ‘Contributions and that you have full authory to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and + warrant and represent that your Submissions andlor Contributions do not constitute confidential information, ‘You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (@) this section, (b) any third partys intelectual property right, or (c) applicable law. We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall ave the right to remove or edit any Contributions at anytime Without nace ifn our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also ‘suspend or disable your account and report you tothe authorities. ‘Copyright infringement We respect the intellectual property rights of others. Ifyou believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the ‘DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY’ section below.
‘By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction inwhich you reside, or ita miner, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, Whether through a bot, script or otherwise; (4) you wil not use the Services for any ilegal or unauthorised purpose; and (6) your use ofthe Services will nt violate any applicable Jaw or regulation. Ifyou provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all curent or future se ofthe Services (or any portion thereof).
‘You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. ‘As a user of the Services, you agree nat to: + Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without writen ‘permission ftom us. + Tick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. + Circumvent, disable, or otherwise interfere wth security-elated features ofthe Services, including features that prevent or restict the use or copying of any Content or ‘enforce limitations on the use ofthe Services andlor the Content contained therein. + Disparage, tamish, or otherwise harm, in our opinion, us andlor the Services. + Use any information obtained from the Services in order to harass, abuse, or harm another person. + Make improper use of our support services or submit false reports of abuse or misconduct. + Use the Services in a manner inconsistent with any applicable laws or regulations. + Engage in unauthorised framing of or linking tothe Services. + Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterupted use and enjoyment ofthe Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance ofthe Services. + Engage in any automated use ofthe system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and, ‘extraction tools. + Delete the copyright or other proprietary rights notice from any Content. + Attempt to impersonate another user or person or use the username of another user. + Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gis), 1*1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection ‘mechanisms or poms). + Interfere with disrupt, or create an undue burden on the Services or the networks or services connected to the Services. + Harass, annoy, intimidate, or threaten any of aur employees or agents engaged in providing any portion of the Services to you. + Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. + Copy of adapt the Services’ software, including but not imited to Flash, PHP, HTML, JavaScript, or other code. + Except as permited by applicable law, decipher, decompile, disassemble, or reverse engineer any ofthe software comprising or in any way making up a part of the Services. + Except as may be the result of standard search engine or Intemet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat ulity, scraper, or offline reader that accesses the Services, o use or launch any unauthorised script or other sofware. + Use a buying agent or purchasing agent to make purchases on the Services. + Make any unauthorised use ofthe Services, including collecting usernames andlor email addresses of users by electron or other means forthe purpose of sending Lnsolicted email, or creating user accounts by automated means or under false pretences. + Use the Services as part of any effort to compete with us or otherwise use the Services andlor the Content for any revenue-generating endeavour or commercial enterprise. + Sell or otherwise transfer your profile. + Use the Services to advertise o offer to sell goods and services, + Uploading of "Adult Content, Pornography, Child Sexual Abuse Material, General Sexual Content” are severly prohibited + Uploading content "You Don't Own” as provided by USC 817
‘The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, ‘audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contrbutions). Contributions may be viewable by other users ofthe ‘Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create of make avalable ‘any Contributions, you thereby represent and warrant that +The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the: ‘roprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. + You are the creator and owner of or have the necessary itences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in ary manner contemplated by the Services and these Legal Terms. + You have the writen consent, release, andlor permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and ‘every such identifiable individual person to enable inclusion and use of your Contributions in ary manner contemplated by the Services and these Legal Terms. + Your Contributions are not false, inaccurate, or misleading. + Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. + Your Contributions are not obscene, lewd, lascivious, fithy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). + Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. + Your Contributions are not used to harass or threaten (inthe legal sense of those terms) any other person and to promote violence against a specific person or class of people. + Your Contributions do nt violate any applicable law, regulation, or rule. ++ Your Contributions do not violate the privacy or publicity rights of any third party. + Your Contributions do not violate any applicable law concering child pomography, or otherwise intended to protect the health or welLbeing of minors. + Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap, + Your Contributions do not otherwise violate, or ink to material that violates, any provision of these Legal Terms, or any applicable law or regulation. ‘Any use ofthe Services in violation of the foregoing volates these Legal Terms and may result, among other things, termination or suspension of your rights to use the Services.
‘By posting your Contributions to any part ofthe Services, you automatically grant, and you represent and warrant that you have the right to grant, tous an unrestricted, unlimited, livevocable, perpetual, non-exclusive, transferable, royalty ‘tee, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sel, resell, publish, broadcast, tetitle, archive, store, cache, publicly perform, pubicly display, reformat, translate, transmit, excerpt (in whole or in prt), and distribute such Contributions (including without limitation, your mage and voice for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, ‘and grant and authorise sublicences ofthe foregoing. The use and distribution may accur in any media formats and through any media channels. ‘This licence will apply to any form, media, or technology now known of hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full owmership of all of your Contributions and any intellectual property rights or other proprietary rights ‘associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You ae solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibilty and to refrain from any legal acon against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edt, any Contributions to place them in more appropriate locations onthe Services; and (3) to pre-screen ord jatice. We have no obligation to monitor your Contributions.
‘The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites’) as wel as articles, photographs, text, graphics, pictures, designs, ‘music, sound, video, informatio, applications, software, and other content or items belonging to or originating from third partes (Third-Party Content). Such Third-Party Websites ‘and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content pasted on, avalable through, or installed from the Services, including the content, accuracy, offensiveness, opinions, retabilty, privacy practices, or other policies of or contained inthe Third-Party Websites or the Third-Party Content. Inclusion of, inking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. I you decide to leave the Services and access the ‘Third-Party Websites o to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable tetms and policies, including privacy and data gathering practices, of any website to which you navigate fom the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites willbe through other websites and from other companies, and we take no responsiblity whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or ‘services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Addtionally, you shall hold us blameless from any losses sustained by you of harm caused to you relating to or resuting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the aw or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, mit the availabilty of, or disable (tothe extent technologically feasible) any of your Contributions of any portion thereof; (4) in our sole discretion and without limitation, notice, or billy, to remove from the Services or otherwise disable all les and content that are excessive in size or are in any way burdensome to our systems; and (5) othenvise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning ofthe Services.
‘We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal ‘Terms. Please be advised the Services are hosted in the United States. Ifyou access the Services from any other region ofthe world with laws or other requirements governing ‘personal data collection, use, or disclosure that difr from applicable laws inthe United States, then through your continued use ofthe Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
We respect the intellectual propery rights of others. Ifyou believe that any material available on or through the Services infringes upon any copyright you own or control, please ‘immediately notify our Designated Copyright Agent using the contact information provided below (a ‘Notficaion). A copy of your Notification will be sent tothe person who posted ‘or stored the material addressed inthe Notification, Please be advised that pursuant to federal law you may be held lable for damages if you make material misrepresentations in ‘a Nofication. Thus, if you are not sure that material located on oF linked o by the Services intinges your copyright, you should consider fist contacting an attorney. ‘All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)3) and include the fllowing information: (1) A physical or electronic signature of a person authorised to act on behalf ofthe owner of an exclusive right that is allegedly ininged; (2) identification of the copyrighted work claimed to have been infringed, o, if mule copyrighted works. ‘onthe Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material thats claimed tobe infringing orto be the ‘subject of ntinging activity and that sto be removed or access to which isto be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may bbe contacted; (5) a statement thatthe complaining party has a good faith belief that use ofthe material in the manner complained of is not authorised by the copyright owner, its ‘agent, or the law; and (6) statement that the information in the notification is accurate, and under penalty of perjury thatthe complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed upon, ‘Counter Notification you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentiication, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a ‘Counter Notification). To be an effective Counter Notification under the DMCA, your Counter [Notifcation must include substantially the folowing: (1) identification ofthe material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) statement that you consent tothe jurisdiction of the Federal District Court in which your address is located, ori your address is outside the United ‘States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that fled the Notficaion or the party's agent; (4) your ‘name, address, and telephone number; (6) a statement under penalty of perjury that you have a good faith belief thatthe material in question was removed or disabled as a result ‘of a mistake or misidentfication of the material to be removed or disabled; and (6) your physical or electronic signature. Ifyou send us a valid, writen Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice {rom the party filing the Noticaton informing us that such party has fled a court action to restrain you from engaging in infringing activity related tothe material in question. Please ‘note thatf you materially mistepresent that the disabled or removed content was removed by mistake or misidentfication, you may be liable for damages, including costs and, attomey's fees. Fling a false Counter Notification constitutes perjury. Designated Copyright Agent Jacob Stoker ‘tn: Copyright Agent 111735 Stanely Dr ‘Corning, NY 14830-2097 United States jacob91stoker@ gmail.com
‘These Legal Terms shail remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE ‘THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, ‘OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE ‘SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. It we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name ‘of any thid party, even if you may be acting on behalf ofthe third party. in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents ofthe Services at any time or for any reason at our sole discretion without notice. However, we have no obligation ‘o-update any information on our Services. We will not be lable to you or any third paty for any modification, price change, suspension, or discontinuance ofthe Services. We cannot guarantee the Services willbe available at al times. We may experience hardware, software, or other problems or need to perform maintenance related to the ‘Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any ime or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance ofthe Services. Nothing in these Legal Terms will be construed to obligate us to maintain and suppor the Services orto supply any corrections, ‘updates, or releases in connection therewith.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its confit of law principles.
Informal Negotiations ‘To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively the Disputes) brought by either you or us (individually, a ‘Party and collectively, the Parties), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon writen notice from one Party tothe other Party. Binding Arbitration Ifthe Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration ‘Shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA\) and, where appropriate, the AA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available atthe American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be ‘conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless ‘requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fais to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States of America, New York. Except as otherwise provided herein, the Parties may Itigate in court to compe! arbitration, stay proceedings pending arbitration, orto confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. I for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States of ‘America, New York, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in ‘such state and federal courts. Application of the Urited Nations Convention on Contracts forthe International Sale of Goods and the Uniform Computer Information Transaction ‘Act (UCITA) are excluded from these Legal Terms. {In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Restrictions ‘The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any ‘ther proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis orto utlise class action procedures; and (c) there is no right or authority {or any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration ‘The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of thet, piracy, invasion of privacy, or ‘unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion ofthis provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction ‘above, and the Parties agree to submit to the personal jurisdiction of that court.
‘There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availabilty, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES, ‘OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS ANDIOR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, ‘TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, ANDIOR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, ‘OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR ‘SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BEA PARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM ‘OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO. ‘THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY ‘TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
‘You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, lability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your Contributions; (2) use of| the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation ofthe rights ofa third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. "Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
‘We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. ‘Although we perform regular routine backups of data, you are solely responsible forall data that you transmit or that relates to any activity you have undertaken using the ‘Services. You agree that we shall have no lability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss, ‘or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisy any legal requirement that such ‘communication be in wring. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights of ‘requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic, records, or to payments or the granting of credits by any means other than electronic means.
| any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit ofthe Division of Consumer Services of the California Department of ‘Consumer Affairs in writing at 1625 North Market Bivd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
‘These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you ‘and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or lable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. f any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties here to to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: ‘Jstoker LLC 11735 Stanley Dr ‘Corning, NY 14830-2097 United States Phone: 1-607-426-6094 jacob91stoker@gmail.com