PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
1. ACCEPTANCE OF TERMS
2. ACCESS TO THE SITE
Access to certain portions of this Site requires login and password information provided only to users who have registered (the " Registered Users "). The Site login and password are provided for the use of the individual Registered User only and are not transferable. Any user who obtains a login and password (collectively, " ID ") by any means other than that user's own registration as a Registered User, is not authorized to use that ID and ThreeJars requests that such user notify ThreeJars of the improperly disclosed ID. Misuse of an ID, including, without limitation, unauthorized sharing of the ID may result, at ThreeJars' sole discretion, in cancellation of the Registered User's subscription and other remedies, and ThreeJars shall have no liability to the Registered User. Certain other Content or Services on the Site may require additional identification or passwords. Registered Users are solely responsible for (1) maintaining the strict confidentiality of their IDs; (2) not allowing another person to use their IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their IDs, and (4) promptly informing ThreeJars in writing of any need to deactivate an ID due to potential or actual security concerns. ThreeJars is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. You agree to immediately notify ThreeJars in writing of any unauthorized use of your ID.
3. CONTENT AND SERVICES
The Site may provide certain Content and Services that ThreeJars may change or update from time to time, including, without limitation, providing children with an opportunity to track amounts they have earned, places to spend the money and/or charities or other not-for-profit organizations to which children can donate the money (the " Services "). The Site is designed to be used in conjunction with a parent or legal guardian (" Parent "). In all cases, the Parent shall have ultimate control over funds expended through or in connection with the Site. Some of our features allow children to track "interest" earned on the balance in their virtual account. The interest and any other financial responsibility shall be paid solely by the Parent, and not by ThreeJars. ThreeJars is not a bank.
5. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Content (including copyrights, trademarks, trade secrets and patents) are the property of ThreeJars unless indicated otherwise and are protected by the United States Copyright Act of 1976, as amended, the copyright laws of other countries and other applicable intellectual property laws. Certain materials are used by permission of their respective owners. The Content is provided solely to enable users to obtain information on topics of interest. The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of ThreeJars, except that, subject to your compliance with this Agreement, ThreeJars authorizes you to view or download a single copy of the Content for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of ThreeJars or third parties.
(b) Trademarks and Service Marks
The following are trademarks and service marks (collectively, " Marks ") owned by ThreeJars:
Money Wise, Caring Kids
Financially Responsible and Socially Aware Kids
Kids Earn Money, Parents Choose, ThreeJars Gives
Save, Spend, and Share Accounts
Hall of Sharing
Money In/Money Out
The ThreeJars Times
Other logos and designs are owned by ThreeJars and other marks are used with the permission of their respective owners. You agree not to use or display any Marks without the prior written consent of ThreeJars or the owner of such Marks.
(c) Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), ThreeJars' designated agent for notice of alleged copyright infringement in connection with the Site is as follows:
To file a notice of infringement with ThreeJars, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.
6. USE OF THE SITE AND REGISTRATION REQUIREMENTS
Use of the Site is voluntary. You may choose not to use the Site and you may choose not to use your ID. You may cancel your ID at any time by contacting ThreeJars at the addresses provided below. If you choose to have an ID, you agree that you will be responsible for maintaining your ID as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your ID. You agree to immediately notify ThreeJars by one of the methods below in the event that (i) your ID is lost or stolen, or (ii) you become aware of any unauthorized use of your ID or of any other breach of security related to the Site. ThreeJars is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may contact ThreeJars as follows:
Some of your Account Information may be stored by third parties, such as your bank or other third party payment processors. You hereby authorize ThreeJars to access your Account Information that is maintained by identified third parties on your behalf as your agent to fulfill your participation in the Site. ThreeJars will, as applicable, submit information that you provide to ThreeJars to the applicable third party. You hereby authorize and permit ThreeJars to use information submitted by you to the Services (if any) to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. Solely to fulfill the Services hereunder, you grant ThreeJars a limited power of attorney and appoint ThreeJars as your attorney-in-fact and agent to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN THREEJARS IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM THIRD PARTY SITES, THREEJARS IS ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR THREEJARS'S USE OF SUCH INFORMATION.
7. PROHIBITED BEHAVIOR
You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting ThreeJars and third parties' rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of ThreeJars' and third parties' rights. You shall not use the Site or Services to:
Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content;
Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive;
Impersonate another person or entity, including without limitation, a representative of ThreeJars or its officers, directors, employees, contractors or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any "Spam", "Junk Mail", chain letters, or any other potentially objectionable form of unsolicited communication;
Collect or store personal data with respect to third parties except as contemplated by the Agreement;
Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect ThreeJars or any third party;
Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
8. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THREEJARS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESSED OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THREEJARS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THREEJARS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS.
9. EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THREEJARS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THREEJARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE.
10. LINKS TO OTHER SITES
The linked sites are not under the control of ThreeJars and ThreeJars is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. ThreeJars reserves the right to terminate any link or linking program at any time. ThreeJars has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. THREEJARS DOES NOT ACT AS AN AGENT OF ANY THIRD PARTY, EXCEPT TO THE EXTENT SET FORTH IN SECTION 6.
11. APPLICABLE LAWS
This Site is controlled by ThreeJars from its offices within the State of New York. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or Services in violation of United States export laws or regulations. Any claim relating to the Site must be filed within one year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of New York without regard to its conflicts of laws provisions. Venue with respect to any dispute between the users and ThreeJars will rest exclusively in the state or federal courts located in New York, New York.
12. ENTIRE AGREEMENT
Your right to access and use the Site, Services and/or Content immediately terminates without further notice upon your breach of this Agreement. ThreeJars may terminate this Agreement and/or your right to use the Site at any time, with or without cause. ThreeJars reserves the right to discontinue or make changes to the Site, Content and/or Services at any time.
ThreeJars may deliver notice to you under this Agreement by means of electronic mail, a general notice on ThreeJars.com , or by written communication delivered by first class U.S. mail to your address on record in ThreeJars' account information. You may give notice to ThreeJars at any time via electronic mail to email@example.com
If you object to any material found on this Site, please bring your concerns to the attention of firstname.lastname@example.org. The Site administrator reserves the right to remove any material pending further investigation.
You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to your continued use of the Content, Services or access to the Site. You should visit this Agreement from time to time to review the current terms of this Agreement because they shall be equally binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. ThreeJars reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. ThreeJars reserves the right to refuse to offer access to the Site to anyone at anytime without notice. You may not assign this Agreement without ThreeJars' prior written permission. This Agreement is binding upon your successors, assigns, heirs and executors.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT USE THE SITE.