Terms of Service

 

 

Your Customer Agreement


1. Welcome To The Jill’s Office® Family.
These “Terms of Service” are for our telephone answering service only.  Please read this agreement regarding the software programs and services. When you accept this agreement, you’re bound by its conditions. It applies to all of your services from Jill’s Office and covers important topics such as:
• How long this agreement lasts.
• License not ownership of the software.
• Your rights to refuse or cancel this agreement.
• Our rights to limit or end service or this agreement.
• Limitations of liability and privacy.
• How to handle disputes if they arise, including arbitration.


2. Your Monthly Rate Plan.
The monthly rate plan you select is part of this agreement. To the extent any condition in your
plan expressly conflicts with this agreement, the condition in your plan will apply.


3. Your Rights To Refuse Or Cancel This Agreement.
After you’ve had an opportunity to review this agreement, it will begin when you do any of the following to indicate your acceptance:
• Activate your service
• Give us a written or electronic signature indicating your acceptance
• Tell us electronically that you accept
If you do not wish to accept this agreement, do not take any of the above actions.


3.1 Service Cancellation.
If, for any reason, you are not completely satisfied with your service and you wish to cancel, you will be able to do so as described below. You will receive a final bill that will detail all the charges and credits on your account. If you wish to cancel your service before the end of a given month, you will be responsible for any account charges and overages through the date of your final bill.
Although cancellations are effective immediately, we don’t bill for partial months; therefore, you will be charged for the entire month.

3.2 Fourteen Day Happiness Guarantee

If you determine within the first 14 days of opening your account that we are not the right fit, you can request a full refund.  Before requesting the refund, you must have communicated clearly via email or phone what concerns you have and allow our Business Development team an opportunity to address and resolve your concerns. If after a strategy session with our Business Development team you still determine we are not the right fit, we will give you a full refund. 


4. Charges And Fees.
There is a fee associated with beginning your service and there may be a fee associated with
reactivating your service. Usage charges may vary depending on the services selected.


4.1 Taxes, Fees And Assessments.
We are required by law to charge you certain taxes, surcharges, and assessments that will be
included on your bill. You are responsible for paying all taxes, surcharges, and assessments
associated with your Jill’s Office products and services. These may change from time to time
and we may not be able to give you advance notice about how these changes may affect you.
Except as prohibited by law, we may also, at our discretion, require you to pay regulatory and
administrative fees to recover our costs of complying with regulatory mandates and Universal
Service fees or similarly imposed charges. Any customer who is eligible for an exemption from any tax or fee must provide us with a verifiable, valid and properly executed tax-exempt
certificate. Any tax exemption applies only after the date we receive the certificate from you and have verified your eligibility for the exemption.

4.2 How We Calculate Your Bill.
Your bill is our notice to you of your fees, charges and other important information. It reflects the fees and charges in effect for your service plan at the time they are incurred.  Our Minutes are calculated starting when the Jill answers the phone and ends when the call and the associated note is completed.

4.3 Payments, Deposits, Credit Cards, and Checks.
Payment is due in full as stated on your bill. IF WE DON’T RECEIVE PAYMENT IN FULL
WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE UP TO 10% PERCENT A MONTH OR A FLAT FEE OF $35 PER MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES. WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES, ATTORNEY FEES, AND COSTS INCURRED BY US TO COLLECT FROM YOU.
SHOULD WE NOT RECEIVE YOUR PAYMENT AND ANY OTHER FEES WHEN DUE, WE MAY SUSPEND YOUR SERVICE UNTIL PAID IN FULL. WE RESERVE THE RIGHT TO CHARGE A REASONABLE RECONNECTION FEE. IF YOUR ACCOUNT REMAINS UNPAID, WE WILL CANCEL SERVICE FOR NON-PAYMENT.
We reserve the right to require, and you hereby authorize, recurring credit card billing for certain products or services. We also reserve the right to require an advance deposit (or an increased deposit) from you based on your payment history and changes in your plan and/or the frequency of use of our services.
Please retain your evidence of deposit. You agree that we can apply deposits, payments, or repayments in any order to any amounts you owe us on your account(s). You shall not use a deposit to pay any bill unless Jill’s Office agrees to such in wrting.
We will not honor limiting notations you make on or with your checks. We may charge
you up to $25 for any returned check or denied credit card charges, depending on applicable
law.


5. Service Subject To Change.
Your service is dependent upon our business requirements, including policies, practices and
procedures, which we can change without any advance notice. Unless otherwise prohibited by law, we may also change prices and any other conditions in this agreement at any time by sending you written notice prior to the billing period in which the changes would go into effect. If you choose to continue to use our services after the notice, you have accepted the changes. If the changes have a material adverse effect on you, however, you can end the affected service, without any early cancellation fee, just by giving us 60 days written notice after we send notice of the change.


6. Rights In Numbers And Electronic Addresses We Assign To You.
You do not have any rights in the personal identification number, email address or identifier we assign to you. The same is true for your wireless phone numbers, except for your right to
transfer it. In the event we need to change or reassign them, we’ll let you know.


7. Transferring Or “Porting” Phone Numbers.
You may be able to transfer or “port” your phone number from us to another carrier or service
provider. We cannot guarantee that this transfer will be successful. If you request that another
service provider transfer or “port” your phone number, we will treat this request in
the same manner as a request to cancel your Jill’s Office service. When the transfer is complete you will be responsible for all the terms of cancellation described in Section 3 of this agreement, including all costs associated with the transfer.  We may not be able to provide you with some services, such as 9-1-1 location services, while we implement the transfer.


8. Availability Of Service.
Wireless phones and tablets use radio transmissions to access service. Therefore, we cannot
provide service when your wireless phone or tablet is out of range of your provider’s
transmission site or if sufficient network capacity is not available. You may not receive service in certain places, particularly in remote areas, with no service at all. Weather, topography, and/or buildings may interfere with your service. Your wireless phone and other conditions that are outside of our control may also cause dropped calls or other problems with your service.


9. Our Rights To Limit/End Service Or This Agreement.
You agree not to resell our service to someone else without prior written permission from Jill’s Office. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR VIOLATING THIS AGREEMENT OR FOR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO:
a. Two or more late payments in a 12-month period.
b. Incurring charges greater than your deposit or billing limit (even if we haven’t yet
billed the charges) if you are unwilling to increase your deposit with us.
c. Incurring charges materially in excess of your monthly access charge (even if we haven’t yet billed the charges).
d. Harassing our employees or agents.
e. Lying to us.
f. Interfering with our operations.
g. Becoming insolvent or going bankrupt.
h. Breaching this agreement.
i. “Spamming,” or other abusive messaging or calling practices.
j. Providing credit information we cannot verify.
k. Using your service in a way that adversely affects other customers or is illegal.
l. Allowing anyone to tamper with your Jill’s Office number.
We can also temporarily limit your service for any operational or governmental reason.


10. Your Privacy.
You agree to the terms of our Privacy Policy, available on our website at www.Jill’s
Office.com/privacypolicy, when you use our services. It may change from time to time, so please review this policy with regularity and care. Among other things, the policy outlines the
information we collect about you, how we use that information and with whom we share that information. For example, it may be used to provide certain services, to protect our rights and interests, to respond to legal process or to facilitate a merger. We may also monitor or record your calls with Jill’s Office representatives to ensure the quality of our services and for other lawful purposes. If you do not agree with the terms of our Privacy Policy, do not purchase or use Jill’s Office services.


11. Disclaimer Of Warranties.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICE. WE CAN’T PROMISE UNINTERRUPTED OR
ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.


12. Indemnification.
You agree to indemnify, defend and hold Jill’s Office harmless from any claims arising out of your use of the service, breach of this agreement or violation of any state or federal laws or regulations or the rights of any third party by you or any person on your account or that you allow to use the service.


13. Waivers And Limitations Of Liability.
JILL’S OFFICE IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AND ANY RECOVERY BY YOU IS LIMITED TO THE AMOUNT OF MONEY PAID BY YOU TO JILL’S OFFICE. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT CAN NOT SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM JILL’S OFFICE AND THIS WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR SUCH CLAIM. You agree that we are not liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other factors over which we have no control (including acts of God). You also agree Jill’s Office is not liable for missed VoiceMail(s), or deletions of VoiceMail(s) from your VoiceMail box (if you have one), even if you’ve saved them.


14. Handling Disputes With Jill’s Office.
ANY CLAIM OR DISPUTE BETWEEN YOU AND JILL’S OFFICE IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. THE PARTIES ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: JILL”S OFFICE, 189 South State St, Suite 110 Clearfield, UT 84015 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, SHALL INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”)
EXCEPT THAT: (A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND
EXPENSES; AND B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES.YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY. AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT: (A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND (B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.


15. About You.
You represent that you are at least 18 years old and have the legal capacity to accept this
agreement. If you are ordering for a friend or a member of your family, you are bound by the
terms of this agreement, unless and until, your friend or family member has agreed to the terms of this agreement. If you’re ordering for a company, you’re representing that you are authorized to bind the company to the terms of this agreement, where the context “you” means the company.  If you are representing a company, you hereby also agree to be personally responsible for and abide by the terms of this agreement.


16. About This Agreement.
If either of us waives or does not enforce a requirement under this agreement, we don’t waive our right to later enforce that requirement(s). You cannot assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any email or fax number you have provided to us, or three days after mailing to the most current billing address we have on file for you, if by us, or to the Customer Service address on your most recent bill. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You cannot rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement is not for the benefit of any third party except our parent company, affiliates, subsidiaries, agents and/or predecessors/successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees and arbitration, this agreement and disputes covered by it are governed by the laws of the state of Utah, without regard to the conflicts of the laws or rules of that state.

17. Not a Debt Collector.  Jill’s Office is not a debt collector.  We will not make telephone calls regarding current or unpaid bills between you and your clients.  You agree to indemnify us for any claims made by any party in relation to state or federal law regarding the collection of debts.

18. CAN-SPAM Act.  We require that your emails comply with the US CAN-SPAM Act. If you break the rules, you could be liable for hundreds of dollars for each recipient that you sent non-compliant messages to. In addition to CAN-SPAM rules, you must comply with the anti-spam laws of the countries your recipients live in. So if you're sending to UK residents and US residents, for example, check the UK spam laws to make sure you're also UK compliant.

19. Privacy Policy. Jill’s Office operates the website, which provides the SERVICE. This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service. If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

a. Information Collection and Use. For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

b. Log Data. We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

c. Cookies.  Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive. Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

d. Service Providers. We may employ third-party companies and individuals due to the following reasons:

  • To facilitate our Service;

  • To provide the Service on our behalf;

  • To perform Service-related services; or

  • To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

e. Security. We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

f. Links to Other Sites. Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

g. Changes to This Privacy Policy. We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

20. Call Monitoring and Recording Notification.  State and federal laws require that a party be informed that they are being recorded.  As such, each call made or received may disclose that “This call/session may be monitored and recorded for record-keeping, training and quality-assurance purposes.”


 

End User License Agreement for Software


IMPORTANT. READ CAREFULLY: This End User License Agreement (“EULA”) is a legal
agreement between you (either an individual or a single entity) and Jill’s Office, LLC (“Jill’s”) for software, owned by Jill’s and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation in connection with your use of Jill’s Office Service (“Software”).
BY USING THE APPLICATIONS,(APPS) EITHER ANDROID OR APPLE OPERATING
SYSTEMS YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE
TERMS, DO NOT USE THE APPS.
1. GRANT OF LICENSE. Jill’s Office grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install, use, access, display and run copy(ies) of the Software on your cell phones or tablets.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Jill’s Office reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Jill’s Office or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold.
3. LIMITATIONS ON END USER RIGHTS. You may not reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code or algorithms of the Software
(except and only to the extent that such activity is expressly permitted by applicable law not
withstanding this limitation), or modify, or disable any features of, the Software, or create
derivative works based on the Software. You may not rent, lease, lend, sublicense or provide
commercial hosting services with the Software.
4. SOFTWARE UPDATES. Jill’s Office may provide to you or make available to you updates,
upgrades, supplements and add-on components (if any) to the Software related to security,
including bug fixes, service upgrades (parts or whole), products or devices, and updates and
enhancements to any software for security previously installed (including entirely new versions), (collectively “Update”) after the date you obtain your initial copy of the Software related to security to improve such Software and ultimately enhance your user experience with your device. This EULA applies to all and any component of the Update that Jill’s Office may provide to you or make available to you after the date you obtain your initial copy of the Software related to security, unless we provide other terms along with such Update. To use Software related to security provided through Update, you must first be licensed for the Software identified by Jill’s Office as eligible for the Update. After the Update, you may no longer use the Software that formed the basis for your Update eligibility.
5. CONNECTIONS. Some features of the Software may require your device to have access to
the internet and may be subject to restrictions imposed by your network or internet provider.
Unless your device is connected to the internet through Wi-Fi connection, the Software will
access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Software may be affected by the suitability and performance of your device hardware or data access.
6. SOFTWARE TRANSFER. You may not transfer this EULA or the rights to the Software
granted herein to any third party.
7. TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Jill’s if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Software and destroy all copies, full or partial, of the Software.
8. DISCLAIMER OF WARRANTY. ALL SOFTWARE PROVIDED BY JILL’S OFFICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM JILL’S OFFICE, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, JILL’S OFFICE DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET  ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Jill’s OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY JILL’S OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM JILL’S OFFICE.
9. THIRD-PARTY SERVICES. Certain third party providers of service may be used with, or in connection with the software. Jill’s Office makes no representations whatsoever about any of these services. Since Jill’s Office has no control over such services, you acknowledge and agree that Jill’s Office is not responsible for the availability of such services and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such services. JILL’S OFFICE DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER. JILL’S OFFICE EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY
APPLICATION PROVIDER.
10. JILL’S OFFICE APPLICATIONS. Certain Jill’s Office applications and services may be included with, or downloaded to, your mobile device. They require Jill’s Office Services membership registration (“Jill’s Account”), and your rights and obligations will be set forth in separate Jill’s Office Customer Agreement and conditions and privacy policies. There are non-Jill’s Account applications and services that require your consent to their separate terms and conditions and privacy policies. You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions and privacy policies.
11. LIMITATION OF LIABILITY. JILL’S OFFICE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF JILL’S OFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE
FOREGOING, JILL’S OFFICE LLC IS NOT TOTALLY LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER ACTUALLY PAID SPECIFICALLY FOR USE OF THE APP.
12. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. The Software is licensed only
with “restricted rights” and as “commercial items” consisting of “commercial software” and
“commercial software documentation” with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. All Products are provided only with “restricted rights” with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Software is provided subject to Federal Acquisition Regulation (FAR) 52.227.19.
13. APPLICABLE LAW. This EULA is governed by the laws of the jurisdiction where you are a resident or, if a resident of the United States, by the laws of the state of UTAH, without regard to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14. DISPUTE RESOLUTION. ALL DISPUTES WITH JILL’S OFFICE ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY, AS DESCRIBED HEREIN AND ABOVE. Any such dispute shall not be combined or consolidated with any other person’s or entity’s claim or dispute, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by this agreement and the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Utah, without reference to its choice of laws principles, shall govern the interpretation of the EULA and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the EULA. Fees paid and by whom they are paid shall be determined by the Customer Operating Agreement associated with this software and related services.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Jill’s relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. [050113] you the opportunity to go into more detail about your business, what you do and what makes you just that little bit special.

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