Terms of Service
Last Updated: 2026-07-01
Welcome, and thank you for your interest in Jamie Lynn Services ("Jamie Lynn Services," "we," or "us") and our website at www.Jamie Lynn Services.com, along with our related websites (together, the "Websites"), browser extensions made available by Jamie Lynn Services ("Browser Extensions"), and other services provided by us under the Jamie Lynn Services brand or that otherwise expressly reference these Jamie Lynn Services Terms of Service (collectively, the Websites, Browser Extension, and any other services, including support, provided by Jamie Lynn Services, our "Service"). These Terms of Service are a legally binding contract between you and Jamie Lynn Services regarding your use of our services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY ENTERING, REMAINING ON, NAVIGATING THOUGH, CLICKING ANY "I ACCEPT," CHECKBOX THAT PRESENTS IN FORMS, SUBMISSIONS, BROWSER EXTENSIONS, IN THE REGISTRATION PAGES THAT MAY BE PRESENT OF ANY AVAILABLE CONTENT, MATERIAL, OR DOWNLOADABLE LINK, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING DIGITAL PROPERTY AVAILABLE TO WEBSITE USERS, OR BY USING ANY SERVICE THAT IS NOW, OR IN THE FUTURE OFFERED, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING JAMIE LYNN SERVICES' PRIVACY POLICY (TOGETHER, THESE "TERMS").
If you are not eligible, or do not agree to the Terms, then you do not have our permission to use our services. YOUR USE OF THE SERVICE, CONSTITUTES YOUR EXPRESS CONSENT, AND TAKING OVERT ACTION TO DWELL, BROWSE THROUGH, CONSUME, OR CONTINUE ON WEB PAGES OWNED BY JAMIE LYNN SERVICES CONSTITUTES YOUR CONSENT AND ALIGNMENT BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE CALLS FROM OR ON BEHALF OF JAMIE LYNN SERVICES AT THE PHONE NUMBER YOU PROVIDE TO A REPRESENTATIVE OR WEBSITES, OR BY JAMIE LYNN SERVICES DIRECTLY. THESE CALLS MAY INCLUDE TWO-FACTOR AUTHENTICATION OR VERIFYING BUSINESS INFORMATION. YOU UNDERSTAND AND AGREE THAT THESE CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE MADE USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Jamie Lynn Services Service Overview
The Service includes (but is not limited to) the provision of Jamie Lynn Services use of chatbot, agent, AI services, Reputation Management Products, GEO and SEO services Blogging or Content Services, Review Solicitation or other similar products, or future and unidentified products, and may also include certification services for websites, such as security audits, trustmarks, certifications, website diagnostics, and search submission, Jamie Lynn Services' Browser Extensions.
"Network Security Audits" are audits conducted to ascertain the compliance of devices with certain security standards published on the applicable website and to identify security vulnerabilities and may require S2S, API Remote Access or other types of access into your private computer, network, and other computing systems.
"Devices" means computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices.
2. Network Security Audits
By using the Jamie Lynn Services Services, you hereby authorize Jamie Lynn Services to perform Network Security Audits on any Devices and Internet Protocol addresses ("IPs") specified by you. Network Security Audits are performed with the assistance of Jamie Lynn Services employees or its appointed contractors.
3. Identity and Authority
You agree to provide current, accurate information in all electronic or hardcopy registration forms submitted in connection with our services, and agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity. By subscribing to our services or accepting these Terms, you represent and warrant that you have all necessary rights to permit Jamie Lynn Services to perform our services, including without limitation with respect to all Websites and Devices for which you use our services. You agree to cooperate with Jamie Lynn Services in reasonable measures to verify the identity and authority of persons using our services.
4. Trademarks; Display of the Jamie Lynn Services Certification Images
The Service is provided to you from Jamie Lynn Services and Jamie Lynn Services shall be the merchant of record for any transactions in relation to our services. Subject to your payment of all applicable fees and compliance with these Terms, Jamie Lynn Services may allow you to display the Jamie Lynn Services continuity counters, custom codes for unique rendered graphics, Browser Extensions, and other types of digital assets, logos, trademarks, while these Terms are in effect, in connection with the Brand, with Affiliate Marketing, Internet Security, or a Service that may be purchased fro us, in the manner directed by Jamie Lynn Services, and as permitted by the functionality of any Brand Services.
You may not place marks, images, representations thereof for any product of service that you do not have express written consent to display, and for any images displayed that represents a greater product that what has been purchased, you will remove it withing 48 hours of an email request, and the address on file wiith your account, or registered mailing list address. You agree to only place the Jamie Lynn Services certification images on sites as appropriate and agreed.
The Jamie Lynn Services certification images shall at all times be served only from Jamie Lynn Services's designated servers and shall remain under the full control of Jamie Lynn Services. Jamie Lynn Services shall have the right to discontinue the serving of the Jamie Lynn Services certification images, if any of your website, or other Device that is being scanned in connection with our services, fails to pass Jamie Lynn Services's audits for a period of 72 hours or longer.
Should you discontinue our services or should these Terms terminate for any reason, you agree to immediately remove all HTML source code supplied by Jamie Lynn Services from its servers and all Jamie Lynn Services marks or references from its website(s) and other materials. You are prohibited from using the Jamie Lynn Services certification images for or on behalf of any third party (including any other organizations) or in connection with any domain name and/or organization name other than those being scanned in connection with our services, and enrolled and established under your account.
You will not apply to register any of the Jamie Lynn Services certification images or trademarks —or any confusingly similar marks— with any trademark office. You further agree that you have no power or right to and shall not, while these Terms are in effect or thereafter, attack the title or any rights of Jamie Lynn Services or its affiliates in or to the Jamie Lynn Services certification images.
5. Eligibility
You must be at least 18 years old to use our services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from our services; and (c) your registration and your use of our services is in compliance with any and all applicable laws and regulations.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
6. Accounts and Registration
To access most features of our services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times.
If you register, and maintain an account, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at admin@jamielynnservices.com.
7. General Payment Terms
Certain features of our services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as expressly set forth in these Terms or required by law.
Unless otherwise stated, fees for our services are due in advance and subject to payment terms in the invoice(s) for our services, which are incorporated into these Terms by reference. You will be responsible for paying all sales and other taxes, however designated, which are levied or imposed by reason of the transactions contemplated hereby, except for taxes based on Jamie Lynn Services's net income.
1. Refunds. For certain Jamie Lynn Services products purchased directly from Jamie Lynn Services (e.g., not via a Jamie Lynn Services third-party reseller or partner), if you are unhappy with the product, or service, or if you purchased the product or service by mistake, you may request a refund within thirty (30) days of the purchase. If such refund becomes granted, Jamie Lynn Services has sole discretion which payments, dates or products will be covered under said transaction. Depending on the payment processor used, and their credit card refund policies, and the exact purchases, there may delays and mail, ups or other types of couriers involved. As a general rule: Jamie Lynn Services does not want to have unhappy clients or revenue that does not feel earned. Please allow us to make you happy - whatever that may mean to you.
2. Avoidance of doubt: unless expressly authorized by Jamie Lynn Services in writing in advance, Jamie Lynn Services will not provide any refunds for purchase of products and services purchased, licensed, or otherwise obtained from resellers or other channel partners, to include affiliate marketers. .
3. Price. Jamie Lynn Services reserves the right to determine pricing for our services. Jamie Lynn Services will make reasonable efforts to keep pricing information published on our services up to date. We encourage you to check our pricing page periodically for current pricing information.
Jamie Lynn Services may change the fees for any feature of our services, including additional fees or charges, if Jamie Lynn Services gives you advance notice of changes before they apply. Jamie Lynn Services, at its sole discretion, may make promotional offers with different features and different pricing to any of Jamie Lynn Services's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4. Authorization. You authorize Jamie Lynn Services to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by our services to the payment method specified in your account.
If you pay any fees with a credit card, then Jamie Lynn Services may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Please be aware that selecting “Monthly Recurring,” “Billed Monthly,” or a similar selection, you will be billed each month, regardless of any other type of non-official designated communication (such as "chats"), engagements or friendships. When making official requests, please use official channels of communication and continue the conversation until you have verification that the need has been satisfied.
If you would like to pause your account, or ask for a hardship consideration, please communicate directly with us. We love to be helpful, when we can be, and appreciate having the abilith to offer support.
5. Subscription Service. The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, then you authorize Jamie Lynn Services to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.
The "Subscription Billing Date" is the date when you purchase your first subscription to our services. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period.
The subscription will continue unless and until you cancel your subscription or we terminate it. If you would like to shift your due date moving into the future, please let us know that. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
6. Cancellation of Subscription Service. If you want to cancel a Subscription Service, then you may do so by initiating cancellation procedures by emailing admin@jamielynnservices.com with a subject line "ATTN: CANCELLATION." Date indicated on such email will be considered the date of cacellation. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms or as required by law.
7. Delinquent Accounts. Jamie Lynn Services may suspend or terminate access to our services, including fee-based portions of our services, for any account for which any amount is due but unpaid. In addition to the amount due for our services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
8. Licenses
1. Limited License. Subject to your complete and ongoing compliance with these Terms, Jamie Lynn Services grants you, solely for your personal, non-commercial use, unless otherwise expressly stated in writing, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with our services obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use our services.
Some products/ services will utilize multiple credentials, or allow multiple people to go through your manager to access the sowftware. A paid license representing the total number of users will be considered licensed, as does sometimes happen in service business were ther is greater attrition. .
2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of our services; (b) make modifications to our services; or (c) interfere with or circumvent any feature of our services, including any security or access control mechanism. If you are prohibited under applicable law from using our services, then you may not use it.
3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to our services ("Feedback"), then you hereby grant Jamie Lynn Services an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve our services and create other products and services.
9. Ownership; Proprietary Rights
The Service is owned and operated by Jamie Lynn Services. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of our services ("Materials") provided by Jamie Lynn Services are protected by intellectual property and other laws. All Materials included in our services are the property of Jamie Lynn Services or its third-party licensors. Except as expressly authorized by Jamie Lynn Services, you may not make use of the Materials. Jamie Lynn Services reserves all rights to the Materials not granted expressly in these Terms.
10. Third Party Terms
1. Third Party Services and Linked Websites. Jamie Lynn Services may provide tools through our services that enable you to export information to third party services. By using one of these tools, you agree that Jamie Lynn Services may transfer that information to the applicable third party service. Third party services are not under Jamie Lynn Services's control, and, to the fullest extent permitted by law, Jamie Lynn Services is not responsible for any third party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Jamie Lynn Services's control, and Jamie Lynn Services is not responsible for their content.
2. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components"). Although our services is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
11. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
1. use our services for any illegal purpose or in violation of any local, state, national, or international law;
2. harass, threaten, demean, embarrass, or otherwise harm any other user of our services;
3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
4. access, search, or otherwise use any portion of our services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Jamie Lynn Services;
5. interfere with security-related features of our services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of our services except to the extent that the activity is expressly permitted by applicable law;
6. interfere with the operation of our services or any user's enjoyment of our services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of our services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide our services;
7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
8. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9\) or any right or ability to view, access, or use any Materials; or
9. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. Digital Millennium Copyright Act
1. Respect of Third Party Rights. Jamie Lynn Services respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of our services to do the same. Infringing activity will not be tolerated on or through our services.
2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on our services, you may contact our Designated Agent at the following address:
Jamie Lynn Services Copyright Notification 2318 3rd Ave watervliet, New York 12189 Email: admin@jamielynnservices.com
3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through our services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on our services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on our services of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.
4. Your Notification of Claimed Infringement may be shared by Jamie Lynn Services with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Jamie Lynn Services making such disclosures. You may choose to consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
5. Repeat Infringers. Jamie Lynn Services's policy is to: (a) remove or disable access to material that Jamie Lynn Services believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through our services; and (b) in appropriate circumstances, to terminate the accounts of and block access to our services by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Jamie Lynn Services will terminate the accounts of users that are determined by Jamie Lynn Services to be repeat infringers. Jamie Lynn Services reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
6. Counter Notification. If you receive a notification from Jamie Lynn Services that material made available by you on or through our services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Jamie Lynn Services with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Jamie Lynn Services's Designated Agent through one of the methods identified in Section 12(b) (DMCA Notification), and include substantially the following information:
1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Jamie Lynn Services may be found, and that you will accept service of process from the person who provided notification under Section 12(b) (DMCA Notification) above or an agent of that person.
7. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
13. Modification of Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use our services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose.
14. Term, Termination, and Modification of our services
1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use our services, and ending when terminated as described in Section 14(b).
2. Termination. If you violate any provision of these Terms, then your authorization to access our services and these Terms automatically terminate. In addition, Jamie Lynn Services may, at its sole discretion, terminate these Terms or your account on our services, or suspend or terminate your access to our services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time as provided in Section 7(e) or by contacting customer service at support@Jamie Lynn Services.com.
3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of our services; (b) you will no longer be authorized to access your account or our services; (c) you must pay Jamie Lynn Services any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive.
4. Modification of our services. Jamie Lynn Services reserves the right to modify or discontinue our services at any time (including by limiting or discontinuing certain features of our services), temporarily or permanently, without notice to you. Jamie Lynn Services will have no liability for any change to our services or any suspension or termination of your access to or use of our services.
15. Indemnity
To the fullest extent permitted by law, you are responsible for your use of our services, and you will defend and indemnify Jamie Lynn Services and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Jamie Lynn Services Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense (including attorneys' fees and costs) arising out of or connected with: (a) your unauthorized use of, or misuse of, our services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties by Jamie Lynn Services
1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. Jamie Lynn Services DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Jamie Lynn Services DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Jamie Lynn Services DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Jamie Lynn Services ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Jamie Lynn Services ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Jamie Lynn Services does not disclaim any warranty or other right that Jamie Lynn Services is prohibited from disclaiming under applicable law.
17. Dispute Resolution and Arbitration
1. Generally. Except as described in Section 17(b) and 17(c), you and Jamie Lynn Services agree that every dispute arising in connection with these Terms, our services, or communications from Jamie Lynn Services will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Jamie Lynn Services, Opt Out Request, 2318 3rd Ave, Watervliet, New York, 12189, that specifies: your full legal name, the email address associated with your account on our services, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Jamie Lynn Services receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
4. Arbitrator. Any arbitration between you and Jamie Lynn Services will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Jamie Lynn Services. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Jamie Lynn Services's address for Notice is: Jamie Lynn Services, 2318 3rd Ave., Watervliet, New York, 12189. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Jamie Lynn Services may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Jamie Lynn Services must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator issues you an award that is greater than the last written settlement amount offered by Jamie Lynn Services in settlement of the dispute prior to the award, Jamie Lynn Services will pay you the greater of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
6. Fees. If you commence arbitration in accordance with these Terms, Jamie Lynn Services will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or if you have initiated the arbitration claim in bad faith, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Jamie Lynn Services for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
7. No Class Actions. YOU AND Jamie Lynn Services AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jamie Lynn Services agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
8. Modifications to this Arbitration Provision. If Jamie Lynn Services makes any future change to this arbitration provision, other than a change to Jamie Lynn Services's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Jamie Lynn Services's address for Notice of Arbitration, in which case your account with Jamie Lynn Services will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
9. Enforceability. If Section 17(g) or the entirety of this Section 17 is found to be unenforceable, or if Jamie Lynn Services receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.
18. Miscellaneous
1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Jamie Lynn Services regarding your use of our services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
2. Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Jamie Lynn Services submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate our services from our offices in Florida, and we make no representation that Materials included in our services are appropriate or available for use in other locations.
3. Privacy Policy. Please read the Jamie Lynn Services Privacy Policy (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Jamie Lynn Services Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
4. Additional Terms. Your use of our services is subject to all additional terms, policies, rules, or guidelines applicable to our services or certain features of our services that we may post on or link to from our services (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
5. Consent to Electronic Communications. By using our services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
6. Contact Information. The Service is offered by Jamie Lynn Services, 2318 3rd Ave, Watervliet, New York 12189. You may contact us by sending correspondence to that address or by emailing us at admin@jamielynnservices.com.
7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding our services or to receive further information regarding use of our services.
8. Support. Subject to your payment of all applicable fees, Jamie Lynn Services will use commercially reasonable efforts to provide implementation support, whether online or by telephone, only during normal Pacific Standard Time working hours. If you request implementation support that requires Jamie Lynn Services to access your website or systems or to make changes to any code, you assume all responsibility for ensuring any changes made are appropriate and non-breaking. IF JAMIE LYNN SERVICES DECIDES, IN OUR SOLE DISCRETION, TO PROVIDE IMPLEMENTATION SUPPORT, JAMIE LYNN SERVICES MAKES NO REPRESENTATION OR WARRANTY THAT SUCH IMPLEMENTATION WILL BE COMPLETE OR ERROR-FREE. JAMIE LYNN SERVICES WILL NOT BE HELD LIABLE FOR THE RESULTS OF ANY UNINTENTIONAL ERRORS CAUSED BY SUCH IMPLEMENTATION SUPPORT. It is your sole responsibility to take appropriate precautions to protect your website and systems and all Websites and Devices for which you use our services from damage to your software, files, and data from viruses or other harmful feature. Jamie Lynn Services may refuse to provide implementation support if a virus or other harmful features or software is found to be present on your website or systems. Jamie Lynn Services is not required to provide you with any assistance in removal of viruses.
9. Confidentiality. Except as provided in Jamie Lynn Services's Privacy Policy, Jamie Lynn Services and you agree, for a period of one year following expiration or termination of our services, to hold each other's Confidential Information in confidence and not to disclose it to any third party without the prior written consent of the disclosing party. The parties agree to use such Confidential Information of the disclosing party only for the purpose of performing the party's obligations under these Terms. Further, the receiving party shall use the same degree of care it uses with respect to its own Confidential Information to prevent the unauthorized disclosure to a third party, but in no event less than reasonable care. You understand and agree that Jamie Lynn Services may transfer your data, which is gathered by our services purchased by you, to Jamie Lynn Services data centers outside of your nation for purposes of fulfilling Jamie Lynn Services's obligations under these Terms.
"Confidential Information" shall mean non-public, proprietary information including, without limitation, any information, technical data or know-how relating to discoveries, ideas, inventions, concepts, software, equipment, designs, drawings, specifications, techniques, processes, models, data, source code, object code, documentation, diagrams, flow charts, research, development, business plans or opportunities, business strategies, future projects or products, projects or products under consideration, procedures, and information related to finances, costs, prices, vendors, customers and employees which is disclosed by such party or on its behalf whether before, on or after the date hereof, directly or indirectly, in writing, orally, or by drawings or inspection of equipment or software, to the other party or any of its employees or agents.
You agree that the password or secret question used by you to access your account to receive Service shall be treated as Confidential Information. You agree that the logos, trademarks or other identifying characteristics of you are not Confidential Information and that Jamie Lynn Services may identify you as a customer, provided that such reference does not include any Confidential Information. The obligations to protect Confidential Information under this Section shall not apply to information which: (a) is or becomes publicly known through no act or failure to act on the part of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure by the disclosing party; (c) became rightfully known to the receiving party, without confidential or proprietary restrictions, from a source other than the disclosing party; (d) is approved by the disclosing party for disclosure without restriction; (e) is or was developed independently by the receiving party without use of or reference to any of the Confidential Information and without violation of any confidentiality restriction; or (f) is required to be disclosed by law.
10. International Use. The Service is intended for visitors located within the United States. We make no representation that our services is appropriate or available for use outside of the United States. Access to our services from countries or territories or by individuals where such access is illegal is prohibited.
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