{"id":68,"date":"2021-06-19T19:51:48","date_gmt":"2021-06-19T19:51:48","guid":{"rendered":"https:\/\/realjock.com\/terms-of-service\/"},"modified":"2022-09-12T12:57:00","modified_gmt":"2022-09-12T17:57:00","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/realjock.com\/terms-of-service\/","title":{"rendered":"RealJock Terms and Conditions of Service"},"content":{"rendered":"\n
Welcome to Family Powered Networks LLC\u2019s (\u201cRealJock\u201d, \u201cWe\u201d, \u201cUs\u201d, \u201cOur\u201d) website, mobile device software application (the \u201cRealJock Service\u201d), and any other mobile or web services or applications owned, controlled, or offered by Us now or in the future (collectively, the \u201cRealJock Services\u201d). For clarity, any reference herein to \u201cRealJock Services\u201d includes the \u201cRealJock Software.\u201d Users who access, download, use, purchase and\/or subscribe to the RealJock Services (collectively or individually \u201cYou\u201d or \u201cYour\u201d or \u201cUser\u201d or \u201cUsers\u201d) must do so under the following Terms and Conditions of Service (this \u201cAgreement\u201d).<\/p>\n\n\n\n
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. BEFORE USING ANY REALJOCK SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND\/OR SUBSCRIBING TO THE REALJOCK SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE RealJock SERVICES IMMEDIATELY.<\/p>\n\n\n\n
THE RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE SECTION OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THIS RESOLVING OUR DISPUTES SECTION FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.<\/p>\n\n\n\n
IF YOU ARE A RESIDENT OF THE EUROPEAN UNION, UNITED KINGDOM, OR CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES, PLEASE REFER TO THE SPECIAL TERMS FOR INTERNATIONAL USERS (\u201cSPECIAL TERMS\u201d). IF YOU ARE A RESIDENT OF ANY OF THE COUNTRIES NOTED IN THE SPECIAL TERMS, YOU MAY HAVE ADDITIONAL RIGHTS OR CERTAIN PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT, MAY NOT APPLY TO YOU.<\/p>\n\n\n\n
We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing Us at: help@realjock.com, Subject: Terms of Service Agreement.<\/p>\n\n\n\n
1. AGE RESTRICTIONS AND SAFETY.<\/strong> YOU MUST BE A LEGAL ADULT. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (OR TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.<\/p>\n\n\n\n SAFETY. WE ARE NOT RESPONSIBLE FOR YOUR USE OF THE REALJOCK SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT. WE DO NOT CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF ITS USERS. WE DO NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS\u2019 IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.<\/p>\n\n\n\n 2. WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA.<\/strong> THE REALJOCK SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE REALJOCK SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. REALJOCK IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.<\/p>\n\n\n\n 3. INTERNATIONAL USERS.<\/strong> Special Terms. If You are a resident of certain countries, including those in the European Union and United Kingdom, You may have additional rights or certain parts of this Agreement may not apply to You if required by the law of Your jurisdiction. Please refer to the Special Terms for International Users for further detail.<\/p>\n\n\n\n English Language. We may provide translations of this Agreement and local-language versions of the RealJock Services for the convenience and enjoyment of its international users. This Agreement was written in English and to the extent the translated version of this Agreement is inconsistent with the English version, the English version will control. Similarly, we reserve the right to correct translation errors and similar issues occasioned by the offering of local language versions of this Agreement and the RealJock Services.<\/p>\n\n\n\n 4. YOUR ACCOUNT REGISTRATION; YOUR ACCOUNT USE.<\/strong><\/p>\n\n\n\n 5. PRIVACY POLICY. <\/strong>Our collection, use, and sharing of personal and other information about You is subject to Our Privacy Policy. You consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Policy.<\/p>\n\n\n\n 6. SERVICE MODIFICATIONS<\/strong>. We reserve the right, at Our discretion, to modify, add, or discontinue the RealJock Services or any portion thereof, at any time, for any reason, and without liability to You except as provided in this Section 6. However, We reserve the right to make such modifications, additions, or discontinuances without such notice if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency. If We make material changes to the Premium Services that: (a) reduce the functionality available to You on such Premium Service and (b) are mandatory (i.e., do not require You to update the RealJock Software to become effective); You may terminate Your account accordingly within ten (10) days of such modifications (as provided in Section 11.2) and receive a pro-rata refund for any amounts pre-paid, but unused for such Premium Services. We reserve the right at any time to charge fees for access to all or portions of the RealJock Services and change any such pricing at any time provided that any changes will not affect the fees for any Premium Services that You have already paid for.<\/p>\n\n\n\n 7. OUR OWNERSHIP; OUR PROPRIETARY RIGHTS. T<\/strong>he RealJock Services are owned and operated by Family Powered Networks LLC. The RealJock Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the RealJock Services (collectively, the \u201cMaterials\u201d) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the RealJock Services are the property of Family Powered Networks or its subsidiaries or affiliated companies and\/or third-party licensors. All trademarks, service marks, and trade names displayed on the RealJock Services are proprietary to us and our affiliates and\/or third-party licensors. Except as expressly authorized by us under this Agreement, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise use the Materials.<\/p>\n\n\n\n 8. GUIDELINES OF YOUR USE; USAGE RULES; PROHIBITED CONDUCT & USES.<\/strong><\/p>\n\n\n\n REALJOCK\u2019S USER PROFILE GUIDELINES, located at https:\/\/realjock.com\/community-guidelines\/ (the \u201cGuidelines\u201d), as amended from time to time, are hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before using the RealJock Services.<\/p>\n\n\n\n WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. We may require that You delete, or we may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines or this Agreement by Your User Content, as determined by us, may result in Your User Account being banned and may lead to the termination of Your access to the RealJock Services.<\/p>\n\n\n\n YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES LISTED BELOW:<\/p>\n\n\n\n 9. PREMIUM SERVICES; PURCHASES.<\/strong> PREMIUM SERVICES AUTOMATICALLY RENEW. PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU<\/p>\n\n\n\n CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT. 9.2 Trial Premiums. Access to RealJock Premium Services may from time to time be made available on a time-limited free trial basis (a \u201cTrial\u201d or \u201cTrial Premiums\u201d). Please note that this Agreement also applies to any Trial. You may be asked to provide Your credit or debit card information when registering for a Trial. In such event, Your credit or debit card will only be charged if You do not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be converted into a paid subscription and Your credit or debit card may be charged the subscription fee in effect at the time Your Trial first began. Trial Premiums are not available to former Users of Premium Services or Users who have previously received a free trial and cancelled it prior to paying for Premium Services.<\/p>\n\n\n\n 9.3 Purchases. We reserve the right to correct errors (whether by changing information on the RealJock Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.<\/p>\n\n\n\n 9.4 Promo Codes. We may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by us at any time in Our sole discretion.<\/p>\n\n\n\n 9.5 Payments Are Non-Refundable. Unless expressly provided otherwise in this Agreement (including Section 24 where You are a resident in certain states in the United States and the Special Terms where You are a resident of certain countries), any and all payments made to us are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due, except as otherwise expressly provided in this Agreement.<\/p>\n\n\n\n 9.6 Taxes. Unless specified otherwise at the time of purchase, all payments to us are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.<\/p>\n\n\n\n 9.7 Microtransactions. From time to time, You may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to certain add-on features for use solely in the RealJock Services (collectively, \u201cMicrotransactions\u201d). We reserve the right to charge fees, in its sole discretion, for the right to access or use add-on features and\/or may distribute add-on features with or without charge. We may manage, regulate, control, modify or eliminate Microtransactions and\/or add-on features at any time. Any add-on feature balance shown in Your User Account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of Your license. Add-on features do not incur fees for non-use; however, the license granted to You from Microtransactions will terminate in accordance with the terms of this Agreement when We cease providing the RealJock Services or Your User Account is otherwise closed or terminated. We shall have no liability to You or any third party in the event that we exercise any such rights. The provision of add-on features for use in the RealJock Services is a service that commences immediately upon the acceptance of such Microtransactions. ALL MICROTRANSACTIONS MADE THROUGH THE REALJOCK SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ADD-ON FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. 10. YOUR USAGE.<\/strong> FAMILY POWERED NETWORKS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER\u2019S USE OF THE REALJOCK SERVICES, INCLUDING A USER\u2019S REGISTRATION OR MESSAGING, AS WELL AS A USER\u2019S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, WE ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER\u2019S USE OF OR ACCESS TO THE REALJOCK SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER\u2019S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU. REFUNDS WILL ONLY BE GIVEN WHERE EXPRESSLY PROVIDED IN THIS AGREEMENT.<\/p>\n\n\n\n You alone are responsible for Your involvement with other Users and for all content and material that You provide to the RealJock Services. You agree that weRealJock will not be responsible for any loss or damage incurred as the result of any such interactions. We reserves the right, but has no obligation, to monitor disagreements between You and other Users.<\/p>\n\n\n\n We do not control the content of User Accounts and profiles. We have the right, but no obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the RealJock Services.<\/p>\n\n\n\n 11. OUR REFUSAL OR SUSPENSION OF YOUR SERVICE.<\/strong> We may suspend or terminate any User Account You have with the RealJock Services or Your access to or use of the RealJock Services or any portion thereof, if we believe that Your profile content or Your conduct within the RealJock Services violates Our Terms of Service or you have otherwise breached this Agreement, or for any other reason, in its sole discretion, subject to Section 11 below. We may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the RealJock Services or any User Account You may have or portion thereof may be effected without prior notice (except as provided in Section 11 below), and You agree that we will not be liable to You or any third party for any such termination and refunds will only be given where expressly provided in this Agreement (including Section 11 below). For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the RealJock Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the RealJock Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. If You have paid for a Premium Service and We terminate Your access to the RealJock Services or any user Account, We will give a pro-rata refund for any amounts pre-paid, but unused for such Premium Services; provided that if we terminate Your access to the RealJock Services or any User Account because You have violated Our Terms of Service, we will be entitled to retain the amounts that You paid for the RealJock Services. But where required by law (such as in the UK), we will only retain an amount to cover all costs and other losses it incurs as a result of the violation or breach, which may still mean that no refund is payable.<\/p>\n\n\n\n You acknowledge and agree that Google, Apple, or another third-party platform provider (as applicable, based on the device and operating system You use) may be the merchant of record for transactions involving the RealJock Services. As such, you may need to request any refund to which You are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as applicable). 12. USER CONTENT.<\/strong> You are solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the RealJock Services and this Agreement; and (ii) You have the written consent, release, and\/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the RealJock Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content. We assume no responsibility whatsoever in connection with or arising from User Content. We assume no responsibility for actively monitoring User Content for inappropriate content. If at any time we choose, in its sole discretion, to monitor User Content, We nonetheless assume no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, we do not endorse and has no control over the content of User Content submitted by other Users. we make no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, We reserve the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.<\/p>\n\n\n\n User Content is owned by the User who submitted it, subject to our license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.<\/p>\n\n\n\n You hereby grant, and You represent and warrant that You have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the RealJock Services and as otherwise permitted by this Agreement. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant us, in connection with a sale of Family Powered Networks or the assets related to RealJock Services, the right to sell or transfer the User Content to a third party. Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content.<\/p>\n\n\n\n If You provide us with any feedback or suggestions regarding the RealJock Services (\u201cFeedback\u201d), You hereby grant us the perpetual, irrevocable, worldwide license (with the right to sublicense) to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback You provide to us as non-confidential and non-proprietary to You. We will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to ud any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.<\/p>\n\n\n\n 13. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.<\/strong> Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the RealJock Services are solely between You and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the RealJock Services.<\/p>\n\n\n\n Parties other than us may provide services or sell products via the RealJock Services. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties\u2019 privacy statements and other terms and conditions of use.<\/p>\n\n\n\n By Your use of third-party applications that connect with the RealJock Services (\u201cThird-Party Applications\u201d), You acknowledge and agree that We may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. We are not responsible for the transmission of the User Content from the RealJock Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. We are not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. We also do not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an \u201cas-is\u201d basis without any warranty as to the Third-Party Sites or Third-Party Applications\u2019 actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications. To the extent that any of Your User Content contains Your personal data (as defined in the Privacy Policy), any transfer of such Personal Data will be subject to the Privacy Policy.<\/p>\n\n\n\n 14. ADVERTISING.<\/strong> Family Powered Networks and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.<\/p>\n\n\n\n 15. END USER LICENSES.<\/strong><\/p>\n\n\n\n THE REALJOCK SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE REALJOCK SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, \u201cAS IS\u201d, \u201cAS AVAILABLE\u201d, AND \u201cWITH ALL FAULTS\u201d, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FAMILY POWERED NETWORKS, AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.<\/p>\n\n\n\n FAMILY POWERED NETWORKS AND ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE REALJOCK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE REALJOCK SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.<\/p>\n\n\n\n FAMILY POWERED NETWORKS AND ITS SUPPLIERS AND LICENSORS (INCLUDING OUR THIRD-PARTY WIRELESS CARRIER LICENSORS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER REALJOCK SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FAMILY POWERED NETWROKS OR ITS SUPPLIERS OR LICENSORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE REALJOCK SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE REALJOCK SERVICES AT YOUR OWN DISCRETION AND RISK. <\/p>\n\n\n\n 17. YOUR INDEMNIFICATION OF US; YOU HOLD US HARMLESS.<\/strong> You agree to indemnify, defend, and hold us (and our affiliated companies, contractors, employees, agents, and suppliers and licensors) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys\u2019 fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other RealJock Services generally, (b) any violation of the rights of any other person or entity by You, (c) any alleged breach or violation by You of this Agreement, or (d) Your use of the RealJock Services to meet another User in person or to locate and attend any offline place or event. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the RealJock Services.<\/p>\n\n\n\n 18. LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.<\/strong> YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FAMILY POWERED NETWORKS (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE REALJOCK SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE REALJOCK SERVICES; (D) THE REALJOCK SERVICES GENERALLY (INCLUDING THE REALJOCK SOFTWARE) OR SYSTEMS THAT MAKE THE REALJOCK SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE REALJOCK SERVICES, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<\/p>\n\n\n\n YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FAMILY POWERED NETWORKS (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE REALJOCK SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE REALJOCK SERVICES; (D) THE REALJOCK SERVICES GENERALLY (INCLUDING THE REALJOCK SOFTWARE) OR SYSTEMS THAT MAKE THE REALJOCK SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE REALJOCK SERVICES, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.<\/p>\n\n\n\n IN NO EVENT SHALL OUR (OR OUR AFFILIATES\u2019, CONTRACTORS\u2019, EMPLOYEES\u2019, AGENTS\u2019, SUPPLIERS\u2019, OR THIRD-PARTY LICENSORS\u2019 OR SUPPLIERS\u2019) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE REALJOCK SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE REALJOCK SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.<\/p>\n\n\n\n THIS SECTION 18 IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.<\/p>\n\n\n\n 19. YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH US.<\/strong> YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE REALJOCK SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE REALJOCK SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.<\/p>\n\n\n\n 20. YOU RELEASE US.<\/strong> To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other RealJock Services Users or (2) any third-party site, products, services, and links included on or accessed through the RealJock Service.<\/p>\n\n\n\n 21. RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE.<\/strong> You and us agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the RealJock Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Us in any way (collectively, \u201cCovered Dispute Matters\u201d) will be resolved in accordance with the provisions set forth in this Section <\/p>\n\n\n\n 22. NOTICE AND TAKEDOWN POLICY.<\/strong><\/p>\n\n\n\n For clarity, only notices under this Section should go to the our Designated Copyright Agent. You acknowledge that if You fail to comply with all of the requirements of this Section 22, Your DMCA notice may not be valid. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.<\/p>\n\n\n\n 23. APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS.<\/strong> The following additional terms and conditions apply to You if You are using RealJock Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 23, the more restrictive or conflicting terms and conditions in this Section 23 apply, but solely with respect to RealJock Software from the Apple App Store:<\/p>\n\n\n\n 24. SPECIAL STATE TERMS REGARDING YOUR RIGHT TO CANCEL.<\/strong> The following provisions are added to this Agreement for paid subscription Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or any other state with laws which may require notice of cancellation rights: You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller\u2019s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that You, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to:<\/p>\n\n\n\n Email: help@realjock.com<\/strong> Special Terms for International Users<\/strong> EUROPEAN UNION.<\/strong> The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an EU resident to the extent required by applicable law.<\/p>\n\n\n\n SPAIN. I<\/strong>n addition to the terms set forth above for EU residents, and superseding conflicting terms in this Agreement, the following terms apply to You if You are a Spanish resident to the extent required by applicable law:<\/p>\n\n\n\n PORTUGAL.<\/strong> In addition to the terms set forth above for EU residents, the following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Portuguese resident to the extent required by applicable law:<\/p>\n\n\n\n GERMANY<\/strong>. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a German resident to the extent required by applicable law:<\/p>\n\n\n\n CANADA<\/strong>. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Canadian resident to the extent required by applicable law:<\/p>\n\n\n\n AUSTRALIA<\/strong>. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Australian resident to the extent required by applicable law:<\/p>\n\n\n\n ARGENTINA<\/strong>. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Argentine resident to the extent required by applicable law:<\/p>\n\n\n\n BRAZIL<\/strong>. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Brazilian resident to the extent required by applicable law:<\/p>\n\n\n\n Welcome to Family Powered Networks LLC\u2019s (\u201cRealJock\u201d, \u201cWe\u201d, \u201cUs\u201d, \u201cOur\u201d) website, mobile device software application (the \u201cRealJock Service\u201d), and any other mobile or web services\u2026<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"_links":{"self":[{"href":"https:\/\/realjock.com\/wp-json\/wp\/v2\/pages\/68"}],"collection":[{"href":"https:\/\/realjock.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/realjock.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/realjock.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/realjock.com\/wp-json\/wp\/v2\/comments?post=68"}],"version-history":[{"count":0,"href":"https:\/\/realjock.com\/wp-json\/wp\/v2\/pages\/68\/revisions"}],"wp:attachment":[{"href":"https:\/\/realjock.com\/wp-json\/wp\/v2\/media?parent=68"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
NO USE BY UNDERAGE PERSONS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE REALJOCK SERVICES.<\/p>\n\n\n\n
Use Outside the United States of America. The RealJock Services are controlled and offered by Family Powered Networks from the United States of America and, regardless of Your place of residence, Your use of them is governed by the law of the State of Florida, USA. We make no representations that the RealJock Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the RealJock Services from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of Your data in the United States of America and any other jurisdiction throughout the world. Please see our Privacy Policy for more information on how we collect, use and transfer your data.<\/p>\n\n\n\n
9.1 Premium Services. Certain Services may be available only through creation of a User Account and payment of a fee (\u201cPremium Services\u201d). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the RealJock Services or otherwise where the Premium Services are offered.<\/p>\n\n\n\n
CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE REALJOCK SERVICES. THERE ARE NO CANCELLATION FEES. INSTRUCTIONS FOR CANCELLING PREMIUM SERVICES MAY BE OBTAINED BY EMAIL REQUEST TO help@realjock.com.<\/p>\n\n\n\n
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You acknowledge that some of the RealJock Services may only be accessed by downloading the RealJock Software to a mobile device. You will not have the opportunity to view Your User Content (including chat) unless You have downloaded the RealJock Software and registered an account.<\/p>\n\n\n\n
You may terminate Your Account at any time for any reason, by following the instructions given in the RealJock Services. Upon the cancellation of Your account, this Agreement will immediately terminate, except as provided in Section 25 below.
If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid.<\/p>\n\n\n\n
If you have paid for a Premium Service, we will give you at least 30 days\u2019 notice of termination of Your access to the RealJock Services or any User Account unless Your profile content or Your conduct within the RealJock Services violates Our Terms of Service or You have otherwise breached this Agreement, in which case we may suspend or terminate Your access to the RealJock Services or any User Account immediately.<\/p>\n\n\n\n
If You believe that we have suspended or terminated Your User Account in error, You may contact Us at help@realjock.com at any time.
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The RealJock Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to RealJock and other Users (\u201cUser Content\u201d), and the hosting, sharing and\/or publishing of such User Content with RealJock and other Users.<\/p>\n\n\n\n
You understand that when using the RealJock Services, You will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.<\/p>\n\n\n\n
The RealJock Services may include links to other web sites or services, whether through advertising or otherwise, (\u201cThird-Party Websites\u201d) solely as a convenience to Users. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at Your own risk. We do not control these Third-Party Websites and this Agreement does not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on Third-Party Websites.<\/p>\n\n\n\n
You acknowledge and agree that We may incorporate Your User Content and location information for User Accounts from the RealJock Services with third-party information sources and third-party applications in the provisioning of the RealJock Services.<\/p>\n\n\n\n
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16. OUR DISCLAIMERS; NO WARRANTIES TO YOU.<\/strong>
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO THE \u201cSPECIAL TERMS FOR INTERNATIONAL USERS\u201d FOR CERTAIN EXCEPTIONS FOR SUCH USERS.<\/p>\n\n\n\n
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. PLEASE REFER TO THE SPECIAL TERMS FOR CERTAIN EXCEPTIONS FOR SUCH USERS.<\/p>\n\n\n\n
Email: help@realjock.com<\/strong><\/li><\/ul>\n\n\n\n
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Us prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and Us. If You do not agree to these amended terms, You may close Your account within thirty (30) days of the posting or notification and You will not be bound by the amended terms.<\/li>
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In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing Us with notice at the same address as listed above.<\/p>\n\n\n\n
25. MISCELLANEOUS PROVISIONS.<\/strong><\/p>\n\n\n\n
UNITED KINGDOM. <\/strong>The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a UK resident to the extent required by applicable law:<\/p>\n\n\n\n