Terms and Conditions of Use 

1. WelcomeWelcome to the JAW BALL website (“Site”).  JAW BALL LLC (“Company”) is the publisher of this site and is the owner of various trademarks, including JAW BALL.®  Please review the Terms and Conditions of Use (“Terms of Use”) of this Site.  You, the user (referred to as “You,” “Your,” or the “User”) are welcome to browse the Site, but your access to and use of the Site is subject to your acceptance of these Terms of Use and to the laws of the United States of America and the State of New York.  If you do not agree to the Terms of Use, please do not use this Site.  We will regularly update and enhance this Site and may, from time to time, revise the Terms of Use with or without notice to you.  Use of this Site is governed by the Terms of Use posted at the time of use, so please check this page prior to using this Site.  The Company reserves all rights not expressly granted herein.  This Terms of Use is the entire and final agreement between you and the Company regarding your use of the Site, its information, and its content.

2. General UsageYou may not use the Site for any unlawful purpose.  You are forbidden to sell, trade, or distribute the contents of the Site or any data obtained from this Site to anyone.  In no event may this Site be used or linked to by any party charging a fee for access to the Site or for access to any information gathered at the Site. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.  You understand and agree that the Company may discontinue or restrict your use of the Site for any reason with or without notice.  You also understand and agree that the Company may discontinue or change the Site at any time, with or without notice.

3. Privacy and Use of Information (See Privacy Statement)

4. Copyright, Use of information, and Intellectual PropertyUnless otherwise indicated, the content, organization, graphics, design, compilation, and other matters related to this Site is the property of the Company, its licensors, and/or its licensees except in cases of quotations and other information where the source of such is identified.  All information is protected by copyright and other proprietary rights, including but not limited to intellectual property rights.  The copying, redistribution, use, or publication by you of any materials, or information or any part of the Site, except as allowed by Section 5 of this Terms of Use, is strictly prohibited.  The posting of information or materials on this Site does not constitute a waiver of any rights. Reproduction or storage of documents and information from the Site is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, and other international copyright laws. 

5. Limited Right to UseThe viewing, printing, or downloading of any content, graphic, form, or document from the Site is intended for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation or derivative work, or other use.  No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). 

6. Third-Party ContentThe Site may contain references, content and hyperlinks to external web sites of third-parties, including, without limitation, the web sites and material of third-parties (“Third-Party Web Sites”).  The Company neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, content, statement, opinion, or advice contained in a Third-Party Web Site or material.  It is the responsibility of every user to evaluate the accuracy, currency, completeness, or usefulness of any information, statement, opinion, or advice or other content available through any Third-Party Web Site.  You should use Third-Party Web Sites with caution. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, statement, opinion, advice, or other content.  Any concerns regarding such third-party content should be directed to the third-party. You acknowledge that under no circumstances will the Company be liable for any loss or damages caused by reliance on information obtained through a Third-Party Web Site.  Nothing on this web site shall be deemed to be a recommendation, approval, or endorsement of any third-party or to constitute any representation as to a third-party's qualifications, services, products, offerings, information, or any other content.

7.  User Guidelines Users are required to adhere to these Terms of Use, including the following guidelines for Users. Legal Compliance & Posting LimitationsUsers must use the Site in accordance with all applicable international, federal, state, and local laws and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law.Integrity of the Web Site and its ContentUsers may not use, post or transmit any device, software, routine, virus, Trojan horse, spam, mass e-mail, commercial material, corrupted data, or otherwise attempt to or intend to interfere with or damage the proper working of this Site or any activity conducted on this Site or to damage or intercept any data or information on this Site.  Users may not delete or revise any material posted by the Company or by another User.  Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its content in any way, including, without limitation, by accessing data, servers or accounts for which the user's password is not authorized, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of the Site restricted to User access. Responsibility for ContentThe Company MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CURRENCY, COMPLETENESS OR ACCURACY OF ANY INFORMATION ON THE SITE. The Company, its directors, officers, employees, and agents (“Representatives”) have no control over and take no responsibility for the quality, safety, pricing, desirability, or appropriateness of any products or service offered via the Site.  Nothing on the Site shall be deemed to be an endorsement, representation, or warranty by the Company with respect to any third-party or service.

8.  Indemnification User agrees to defend, indemnify, and hold harmless the Company and Representatives against and from any third-party claims, actions, damages or demands, including but not limited to, reasonable legal and accounting fees, resulting from User's use or misuse of the Site, violation of these Terms of Use, or from User's violations of the rights of any other User of the Site. Use of the Site is at User's own risk.

9. NontransferableYour right to use the Site is not transferable.  Any password or right given to you to obtain information or documents is not transferable.

10. WarrantiesAll materials and services on this site are provided on an “as is” and “as available” basis.  The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or as to the information, content, materials, or products included on the Site.  The Company uses reasonable efforts to maintain the Site but is not responsible for the results of any defects that may exist in the Site, any outages, interruptions, viruses, or other harmful components.  You should not assume that the Site or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it.  TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, REPRESENTATIVES, LICENSORS, GUEST ARTISTS, AND LICENSEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, REPRESENTATIVES, LICENSORS OR LICENSEES SHALL BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY OF THE INFORMATION AND CONTENT THROUGH THE SITE.  IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, REPRESENTATIVES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION, CONTENT, OR ANY PART OF THE SITE.  THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSORS, AND LICENSEES ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY THE COMPANY TO PROVIDE ACCESS TO OR USE OF THE SITE, OR ANY OTHER CAUSE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY RESULT. Because certain jurisdictions to which this Terms of Use may be subject, do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions.  In the event the foregoing limitation of liability is held to be unenforceable for any reason, then the Company’s maximum liability for any of the foregoing types of damages shall be limited to $100.00. 

11.  Choice of Law and Forum; Severability; Entire Agreement

These Terms of Use are governed by the laws of the State of New York, without giving effect to its conflicts of law principles.  You agree that jurisdiction and venue for any claim arising under these Terms of Use shall lie exclusively with the state or federal courts sitting in New York and waive any and all objections to such jurisdiction and venue, and waive personal service of process and agree that any summons and complaint commencing an action in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail.  Any action or suit brought with respect to the Site or these Terms of Use shall be tried by a court and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT.  If any provision of this Terms of Use is found to be invalid by any such court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect.  Except as expressly otherwise provided, this Terms of Use constitute the entire agreement between You and the Company with respect to the use of this Site.  No changes to this Terms of Use shall be made except by a revised posting on this Site.