3. Intellectual property, including copyrights, patents, trademarks and other property or proprietary rights (registered and unregistered), located in and on this Website, which includes but is not limited to the rights to “Jump with Jill,” “Jill & Jam,” “Nutrition Education through Entertainment,” “I Will Not Be Bought,” “Superpower Vegetables,” “Nature’s Candy,”“Mr. Desayuno,” “Nutrition Rock Invasion,” “Rockstar Nutritionist,” “Rockstar Dietitian,” and “Rock Your Taste Buds,” are owned or licensed by NTH, or otherwise used by NTH as permitted by applicable law. NTH reserves all of its rights to Jump with Jill Content and the Jump with Jill Website. To the maximum extent permitted under law, all text, images, downloadable files and other materials available on the Website are protected by U.S. copyright law, various international treaties and other applicable law protecting text, images, downloadable files and other materials available on this site. Nothing in these Terms grant you a right or license to use any trademark, design right or copyright owned or controlled by NTH or any other third party except as expressly provided in the provisions below.
4. If you send NTH any original photos or artwork via any method on this Website, you are warranting and representing that you are 18 years of age or have express consent from a parent or guardian and own the rights to such photos or artwork and are not infringing on any third party rights. By submitting any photos or artwork you are giving ownership to NTH and are allowing for their use by NTH, in any and all media, throughout the world for an unlimited number of times in perpetuity. You also expressly waive any and all legal and moral rights you may have in connection with the photos or artwork. You further acknowledge that since the submission of photos or artwork is voluntary, you will receive no financial compensation. You hereby release, hold harmless, and forever discharge NTH and its employees, agents, successors, licensees, and assigns from any and all claims, demands or causes of action that I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate may now have or may hereafter have for by reason of submitting any photos or artwork including but not limited to libel, defamation, violation of my rights of privacy, publicity, infringement of copyright or trademark or any other right arising out of or relating to any utilization of the rights granted herein or based upon any failure or omission to make use thereof. You also waive any right to royalties or other compensation arising or related to any submitted photos or artwork. YOU WARRANT AND REPRESENT YOU UNDERSTAND THIS RELEASE ON BEHALF OF YOURSELF AND/OR A CHILD UNDER YOUR LEGAL AUTHORITY.
5. In accessing the Website, you agree that you will access the contents solely for non-commercial, educational use (e.g. your home or school). You also agree not to adapt, alter or create a derivative work from any of the material contained in this Website, republish, “mirror”, “frame” transfer or otherwise make available to third parties this Website or any downloadable files or other material available on this Website, or use it for any other purpose other than non-commercial, educational use. News and other promotional outlets agree to credit logos, footage, and photos to “Courtesy: Jump with Jill,” unless otherwise specified. Interested commercial users intending to redistribute and rebroadcast NTH content must contact NTH and establish a licensing agreement with NTH prior to any redistribution or rebroadcast.
6. You agree to use this Website and any NTH content only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website and any NTH content by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Website.
8. NTH has no control over, and assumes no responsibility for any third party websites linked from this Website and any visit to a third party website linked from this Website is voluntary and you are responsible for reading the individual Terms and Conditions Policies for any such website.
10. YOU UNDERSTAND AND AGREE THAT THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE NTH CONTENT AND THIS WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NTH, AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. UNDER NO CIRCUMSTANCES SHALL NTH BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON THIS WEBSITE (OR WEBSITES LINKED TO THE SITE), EVEN IF NTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
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Email: info@notetohealth dot com
Note to Health LLC dba Jump with Jill
1172 Industrial Blvd
New Kensington, PA 15068