Terms of Service
Terms of Service for the Website and App of Jemzy, LLC
April 24, 2025
1. OVERVIEW
Parties.
These Terms of Service govern the users of the website www.jemzy.net and the Jemzy application, both of which are operated by Jemzy, LLC (the “Site or App”). “Users” include visitors to the Site or App solely for the purpose of browsing, those who download the App, as well as those who interact with the Site or App in any way. Such designation applies regardless of the frequency and duration of visits to the Site or your level and method of interaction with the App. All references to “you” or “your” within these Terms of Service are referring to Users. All references within these terms to “we”, “us”, “our”, or “Jemzy” are referring to Jemzy, LLC.
Acceptance of Terms of Service
These Terms of Use are a binding contract between you and Jemzy, LLC. By using the Site or App and/or downloading the Jemzy application (the “App”), you are agreeing to be bound by these Terms of Service, including all amendments and modifications to them. Should you not be willing to be bound by or abide by these Terms of Service, you should not use the Site or App or download the App.
Modification of Terms of Service
We reserve the right to modify and amend these Terms of Service from time to time. Users can find the date of the last update to the Terms of Service at the top of these Terms of Service. It is the responsibility of Users to keep up to date on the latest modifications to the Terms of Service.
2. RELIANCE ON INFORMATION POSTED ON THE SITE OR APP
Risk of Reliance borne by User.
The information and content we include or that Users post and share on the Site or App is for informational and entertainment purposes only and no warranty is being provided by us with regard to its accuracy or reliability. Users understand and agree that it is their responsibility to verify the accuracy of any information provided on the Site or App prior to making any decisions based on such information and that each individual User bears the sole risk of reliance on such information. We are not responsible for any harm resulting from your reliance on the information or content published on the Site or App.
No obligation to update.
Some of the information we or other Users publish on the Site or App is effective as of the date of publication only due to ongoing changes in products, events, available information, etc. Neither we nor any other User are responsible for updating the information published on the Site or App to ensure it is current. Users are responsible for ensuring they are utilizing and obtaining the most up-to-date information available on any topic covered on the Site or App.
3. INTELLECTUAL PROPERTY
All branding, content and materials available on the Site or App are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Further, you agree that, if you violate, or display any likelihood of violating, the provisions of this Section IV, Jemzy will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
4. USER-SUBMITTED CONTENT
Our right to utilize User-Submitted Content.
The Site or App provides Users with the opportunity to submit content in the form of reviews, photos, videos, feedback, comments, etc. (“User Content”). You understand and agree that submission of all such User Content on the Site or App will result in such the content being visible to all other Users and that, absent a User’s deletion of his or her account, once User Content is published on the Site or App, a User no longer has the ability to control or dictate who views such content. Users understand and agree that Jemzy may use the User Content for the purposes and in the manner stated in the Privacy Policy posted on the Site and in the App. You agree that Jemzy will have no obligation to compensate you for our use of the User Content in the manner stated in our Privacy Policy. In addition, you understand and agree that we have no obligation to keep any User Content you submit confidential, regardless of the method through which you submit the content. Finally, you understand and agree that we have no obligation to respond to any questions or comments you submit to us via the Site or App.
Reservation of right to remove User Content from Site or App.
We reserve the right to monitor User Content posted on the Site or App and to remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise in violation of our Community Guidelines posted on the Site, or to violate any party’s intellectual property rights or these Terms of Service.
5. THIRD PARTY CONTENT
Certain content, products, and advertisements featured on the Site or App may include material from third parties (“Third-Party Content”) and interacting with such Content may take you from the Site or App to the websites of one or more third parties. You should be aware that such third parties may have their own Terms of Service or other agreements governing their content and you will be responsible for familiarizing yourself with and complying with any and all such terms or agreements. Unless expressly stated otherwise on the Site or App, the presence of Third-Party Content on the Site or App does not create any affiliate relationship between us and the applicable third party. We are not responsible for the content or accuracy of any Third-Party Content and we do not warrant or endorse the materials, website or Apps, products or services of any third party, nor any Third-Party Content. Further, you agree that we are not responsible for any harm or damages that may result to you as a result of your purchase, use or reliance on any Third-Party Content. Any complaints, claims, concerns or question related to Third Party Content should be directed to the applicable third party.
6. PROHIBITED USES
You agree not to use the Site or App, any information provided on the Site or App, or any services we make available to you for any of the following prohibited purposes: a) any unlawful purpose, b) to solicit others to perform or participate in any unlawful acts; c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; f) to submit false or misleading information, g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or App or of any related website or app, other website or apps, or the Internet; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any obscene or immoral purpose; k) to interfere with or circumvent the security features of the Site or App or any related website or app, other website or apps, or the Internet; or l) in any manner that violates our Community Guidelines, which can be found on the Site.
7. RESERVATION OF RIGHTS
We reserve the right to restrict a User’s access to the Site or App and any products or services featured on the Site or App at any time and for any reason. We reserve the right to modify or discontinue the Site or App at any time without advance notice.
8. USER PERSONAL DATA
Consent to be Contacted. By providing your email address to us via the Site or App, you consent to being contacted by us via email, using a third-party mailing service, such a Mail Chimp or another similar service provider. The terms governing any personal data you provide to us via the Site or App are stated in the Privacy Policy you will find on the Site or App. We agree to abide by the terms of said Privacy Policy with regard to the data you provide.
No False Information. You agree to provide true and authentic information when creating an account on the Site or App, including your name, age, email, and any other requested information. We reserve the right to verify any information provided to us by you in the course of creating an account on the Site or App.
Special Rules Regarding Children Under 13 years of age. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register on the App as a guest or account holder or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at jemzyapp@gmail.com.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jemzy and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (the “Indemnified Parties”) from any claim, demand, cause of action, or expense, including reasonable attorneys’ fees, made against the Indemnified Parties by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of Jemzy or any third-party.
10. TERM AND TERMINATION
Term
These Terms of Service apply to you as soon as you access the Site or App and continue in effect until they are terminated as described in Section XI(b) below. Upon termination, these Terms will generally no longer apply. However, as described in Section XI(c), certain provisions will always remain applicable to both you and Jemzy.
Termination
Jemzy may terminate your right to use the Site or App at any time (a) if you violate or breach these Terms of Service; (b) if you misuse or abuse the Site or App, or use the Site or App in a way not intended or permitted by Jemzy; or (c) if allowing you to access and use the Site or App would violate any applicable local, state, or federal law and other laws, rules and regulations or would expose us to legal liability. Should we terminate your right to use the Site or App, we will use our best efforts to notify you of such termination and the reason it occurred. However, we are under no obligation to provide any notice and explanation to you prior to terminating your use of the Site or App. If at the time of termination of your right to use the Site or App you have incurred charges with us that are not yet paid, you agree to pay all amounts owed in full at the time of such termination and will remain liable for any unpaid amounts.
Provisions Remaining in Effect Following Termination
The following provisions shall remain in effect and binding on both you and Jemzy even after the termination of your right to use the Site or App and the resulting termination of these Terms of Service: Section III. Intellectual Property; Section IV. User Submitted Content; Section IX. Indemnification; Section X. Term and Termination; Section XI. Limitation of Liability, Section XII. Dispute Resolution, Section XIII. Waiver; Section XIV. Entire Agreement, and Section XVI. Governing Law.
11. LIMITATION OF LIABILITY
Hold Harmless. The App provides a platform through which information is shared regarding places, events, opportunities, and services in a given geographical area. Using the App presents the risk that information provided on it by other Users may not be correct, that products or services obtained due to information received on the App may not be satisfactory, and that unforeseen events outside of the control of Jemzy, such as criminal conduct or accidents, may occur while you are using the App. You recognize that these are risks of using the App and agree to hold Jemzy or its employees, affiliates, agents, contractors, suppliers, service providers or licensors harmless from any liability as a result of injury to persons or property or any other damage that you may incur in relation to your use of the App. In addition, you agree to hold Jemzy harmless in the event of a data breach that results in your personal information being accessed by unauthorized third parties, provided that Jemzy had taken commercially reasonable measures to prevent such breach.
Scope of Limitation on Liability. In no event shall Jemzy, or its employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or App, including, but not limited to, any errors or omissions in any content on the Site or App.
12. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES PROVIDED BY US WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms of Service or your use of the Site or App (with the exception of causes of action for injunctive relief, as described in Section IV of these Terms of Service, which may brought in a court of law) through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. Arbitration carried out pursuant to this Section XIII(b) shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, for claims brought by a business, or its consumer arbitration rules, for claims related to your personal or household use of the Site or App. Judgment on the award rendered by the arbitrator(s) is final and may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator, who shall utilize the laws of the State of Arkansas in rendering his or her decision. For arbitrations that include an in-person hearing, the place of arbitration shall be Bentonville, Arkansas. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The standard provisions of the Commercial Arbitration Rules shall apply, unless the actions giving rise to the dispute or claim relate to your personal or household use of our services, in which case the Consumer arbitration Rules will apply. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
13. WAIVER
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
14. ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules referenced herein constitute the entire agreement and understanding between you and us and govern your use of the Site or App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, while the unenforceable portion shall be deemed to be severed from these Terms of Service. The remaining provisions shall remain in full force and effect.
16. GOVERNING LAW
These Terms of Service shall be governed by the laws of the state of Arkansas.
17. CONTACT INFORMATION
Questions about these Terms of Service or any other matter arising under them should be sent to us at jemzyapp@gmail.com.