In A Jiffy
In A Jiffy LLC ("IAJ", alternatively referred to in this document as "we", "us" or "our"), through its website www.In A Jiffy.com (including any extensions thereof, the "Website"), provides services (the "Online Services") matching user requests to various vendors of services or goods, providing information on these vendors and displaying promotional materials by these vendors. For the purposes of this agreement, a user of the Online Services who submits a request through the Website is referred to as a "Buyer" and a user of the Online Services that responds to a Buyer's request using the Website is referred to as a "Vendor." Buyers and Vendors, either individually or collectively, are referred to as "Users."
1. ACCEPTANCE OF TERMS AND CONDITIONS
2. CHANGES TO TERMS AND CONDITIONS
The In A Jiffy name and logo, In A Jiffy.com and all other related product or service names, logos and slogans are trademarks of IAJ and may not be used in any manner without the prior written permission of IAJ. All other trademarks and service marks that appear in content posted by Vendors are trademarks of their respective owners.
4. ELIGIBILITY FOR USING THE ONLINE SERVICES
5. IAJ SERVICES FOR BUYERS
Upon entering your information and a request for services or goods, we will send your request across to participating Vendors that serve your area, if any, who may be interested in fulfilling your request.
We do not guarantee that we will be able to match your request with a Vendor or that there are Vendors that are either capable or willing to fulfill your request. We do not examine the credentials of Vendors that may respond to requests and make no guarantees or representations regarding the skills or representations of such Vendors or the quality of the job performed or goods sold, if you elect to retain their services or buy their products. Your interactions with Vendors, whether individuals and/or organizations, found on or through use of the Online Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Vendors. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
IAJ may inform you of certain offers or discounts offered by Vendors. Such offers or discounts are made solely by the Vendor, and IAJ does not guarantee or warrant the pricing or discounts that a Vendor may offer you. Any responses provided by Vendors via the Website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Website. No contractual arrangement is created based upon the responses provided to you from Vendors (or your scheduling of an appointment or communication in any form with a Vendor) via the Website. To contract with a Vendor, you must work directly with the Vendor.
IAJ allows Vendors to post profiles with information about themselves and their business on the Website. IAJ does not review or verify the information or representations set forth in those profiles, except as expressly set forth herein, and all information on these profiles is self-reported by the respective Vendor.
IAJ does not endorse or recommend the services of any particular Vendor. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Vendor, and we do not guarantee or warrant their performance on the job, the outcome or quality of the services performed or the quality of goods sold. The Vendors are not employees or agents of IAJ, nor is IAJ an agent of the Vendors. IAJ does not perform, and is not responsible for, any of the services or goods requested by you in your service request. Your rights under contracts you enter into with Vendors are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Vendor, you must address such dispute with the Vendor directly, AND YOU HEREBY AGREE TO RELEASE IAJ (AND OUR MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE IAJ MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH VENDORS.
6. IAJ SERVICES FOR VENDORS
Upon entering your information and the services or goods provided by you, we will send you requests matching your services or goods and the areas that you serve, in order to respond to the request.
We do not guarantee that we will be able to send you all requests that match your services, goods or areas served or that there will be Buyers that will request services or goods provided by you. We do not examine the credentials of Buyers that may place requests and make no guarantees or representations regarding the Buyer's ability to pay or whether the Buyer will transact with you, if you elect to respond to their request. Your interactions with Buyers, whether individuals and/or organizations, found on or through use of the Online Services, including payment and delivery of services or goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Buyers. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
IAJ may give you the opportunity to provide Buyers with certain offers or discounts. Such offers or discounts are made solely by you, and IAJ does not guarantee or warrant the pricing or discounts that you may offer Buyers. Any responses provided by you or responses you receive from Buyers via the Website are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Website. No contractual arrangement is created based upon the responses provided by you (or your scheduling of an appointment or communication in any form with a Buyer) via the Website. To contract with a Buyer, you must work directly with the Buyer.
IAJ allows Buyers to post requests with information about themselves and their business on the Website. This information is presented on the Website on an anonymous basis. IAJ does not review or verify the information or representations set forth in those profiles, except as expressly set forth herein, and all information on these profiles is self-reported by the respective Buyer.
IAJ does not endorse or recommend any particular Buyer. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Buyer, and we do not guarantee or warrant the conduct of any Buyer, a Buyer's ability to transact with you or make any payments to you or your ability to provide a service compliant with the Buyer's request. The Buyers are not employees or agents of IAJ, nor is IAJ an agent of the Buyers. IAJ is not responsible for any of requests by Buyers. Your rights under contracts you enter into with Buyers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any Buyer, you must address such dispute with the Buyer directly, AND YOU HEREBY AGREE TO RELEASE IAJ (AND OUR MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE IAJ MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH BUYERS.
7. VERIFICATION PROCEDURES
IAJ conducts basic verification on all its Users. The level of verification completed may be mentioned on a User's request for products or services, or a Vendor's response to such a request, as the case may be. The verification conducted is on two levels:
1. Email and Phone Number Verification: Basic level of verification conducted that verifies User's ownership of, or access to, a valid email address and a phone number.
2. Business Verification: Second level of verification conducted that verifies a User's affiliation with a valid business. The business's name is not disclosed in the case of a request for products or services, but is disclosed in the case of Vendors responding to such requests.
Verification processes conducted by IAJ are generally automated and rely upon a combination of self-reported information and data from third-party sources (such as business directories), which have not been independently verified by IAJ. IAJ does not purport to conduct any independent due diligence on its Users beyond the preliminary verification mentioned above or to verify the authenticity or validity of any documents that may have been submitted during the IAJ's verification procedures. Verification is provided for purposes of convenience only and is not meant to be relied upon for entering into any business transaction with Users. Users are responsible for conducting their own due diligence in their business transactions with other Users of the Website.
8. PAYMENTS AND RETURNS
Vendors may pay for various services, such as responding to requests, sponsoring requests, using our click-to-call functionality, displaying advertisements, etc., by using pre-paid credits in either your, or your company's, account. We may also offer you an auto-recharge feature that will allow you to pre-authorize the replenishment of your credit balance automatically via the same payment method that you elected while purchasing your credits. We will provide you with the ability to discontinue the auto-recharge feature at any point by contacting us.
You may request a refund of unused pre-paid credits for cash value equivalent to what you originally paid for the credits, less a reasonable processing charge to reimburse us for any transaction expenses. Pre-paid credits that are unused for 180 days with no activity in the account are not eligible for refund.
No refunds shall be given for responses submitted, responses sponsored, or advertisements displayed in connection with valid requests. If you believe that you were charged in connection with a request that was not valid, refunds will be considered on a case-by-case basis, if we are notified within 14 days of such a charge. We will make a determination, in our sole discretion, on the validity of the request and your eligibility for a refund.
If you believe you have been charged in error, you must contact us within 90 days of such a charge. No refunds will be made for any charges older than 90 days.
Refunds will be made in the same form of payment as initially used.
9. INFORMATION PROVIDED BY USERS
You agree that by using the Online Services, you are entering into a business relationship with IAJ and its registered Users and thus agree to be contacted by IAJ and/or its registered Users. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or IAJ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IAJ has the right to refuse any current or future use of the IAJ's services (or any portion thereof) by you. You are responsible for maintaining the confidentiality of your account password and for any use of IAJ's services by persons to whom you intentionally or negligently allow access to your password. You agree to change your password immediately, if you believe that your password has been compromised.
Although IAJ does not claim ownership of User Content, by posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to IAJ an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content to any public area of the Website, you automatically grant IAJ all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Website by any third-party for any purpose.
10. CONTENT POSTED BY USERS
You agree not to post, email or otherwise make available User Content that contains or features any of the following, without limitation:
- Unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy or sexually explicit content.
- False, deceptive, misleading or deceitful information.
- Advertisement of, or attempt to procure, any services or goods prohibited by any applicable law.
- Any form of advertising or solicitation, including links to commercial services, that does not pertain to the Online Services.
- Promotion of, or reference, to illegal activity.
- Personal or identifying information about another person without that person's explicit consent.
- Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Statements that do not address, or pertain to, the goods and services of the business being rated or reviewed.
- Statements that impersonate any person or entity, including, but not limited to, an IAJ employee or that misrepresents the reviewer's affiliation with a person or entity.
- Software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
- Statements that disparage IAJ or the Online Services.
We reserve the right, but not the obligation, to refuse to post or to remove any User Content, if we determine (in our sole discretion) that it violates guidelines on User Content.
You understand and agree that all ratings and reviews of Vendors displayed on the Website reflect the opinions of other Users, have not been verified for truthfulness or accuracy and do not reflect or represent the opinions or representations of IAJ or its affiliates, employees, officers, directors, or shareholders. IAJ disclaims any and all representations or warranties with regard to the ratings and reviews. IAJ does not assume responsibility or liability for any rating or review or for any claims, damages, or losses resulting from any reliance on ratings and reviews contained on this Website.
11. YOUR USE OF THE ONLINE SERVICES.
You acknowledge and agree that you may not use the Website or the Online Services to recreate or compete with IAJ, to solicit or harass our registered Users, or for any other purpose not contemplated herein. You agree that all of the content and information posted on our Website, including but not limited to Vendor profiles, screening information, and ratings & reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of IAJ, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to IAJ for any such damages, and will indemnify IAJ in the event of any third-party claims against IAJ based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Online Services at any time. All information about Vendors is for your personal use only. If it is determined or suspected by IAJ in its sole discretion that you are misusing or attempting to misuse or circumvent the Online Services or our system, or are using or attempting to use them for any inappropriate activities, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, IAJ reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to, lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO IAJ, ITS REGISTERED VENDORS, AND TO ITS REGISTERED BUYERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR FICTITIOUS NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO IAJ AND EACH IAJ VENDOR WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF IAJ AND EACH OF THE AFFECTED VENDORS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO.
12. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
The Website and Online Services are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of IAJ. You further agree not to reproduce, duplicate or copy content from the Website without the express written consent of IAJ, and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or the Online Services.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of these documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce these documents for distribution in the classroom. Distribution outside the classroom requires express written permission of IAJ. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Website or any other site owned, operated, licensed or controlled by IAJ. Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by IAJ. IAJ AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IAJ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE IAJ WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IAJ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
13. LINKS TO THIRD-PARTY SITES.
The links in our Website may let you leave the Website. These external linked sites are not under the control of IAJ and IAJ is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. IAJ is not responsible for webcasting or any other form of transmission received from any linked site. IAJ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IAJ of the site.
14. TERMINATION OF SERVICE
15. AVAILABILITY OF, AND MODIFICATIONS TO, THE WEBSITE
IAJ does not guarantee the availability of the Website at all times. IAJ reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that IAJ shall not be liable to you or to any third party for any unavailability, modification, suspension or discontinuance of the Website.
16. PROHIBITION ON DATA MINING, UNAUTHORISED ACCESS AND DENIAL-OF-SERVICE ATTACKS
You agree not to use spiders, robots, crawlers, scrapers or any other automated tools to data mine or otherwise gather or extract data from this Website, without the prior written permission from IAJ, which permission may be withdrawn by IAJ at any time, with or without notice, in IAJ's sole discretion. You agree not to access, or attempt to access, any areas of the Website which are not intended for general public access, unless you have received prior explicit written permission of IAJ. You agree that you will not disrupt the functioning of the Website or otherwise act in a way that interferes with others' use of the Website, including, but not limited to, denial-of-service attacks.
17. PROHIBITION ON THIRD-PARTY POSTING AGENTS
Third-party agents or services may not post requests or otherwise access the Online Services on behalf of others without IAJ's explicit permission.
18. PROHIBITION ON SPAM
You understand and agree that sending frivolous and/or multiple requests to Vendors through the Online Services may cause severe demands on, and may compromise, the Online Services for other legitimate users, and hence any such behavior is prohibited.
19. EXTERNAL DISPLAY OF CONTENT
You may not display this Website in frames or utilize any other technique to display any content on this Website without written permission from IAJ, which permission may be withdrawn at any time, with or without notice, in IAJ's sole discretion. If you provide a link to this Website, you must provide the content in that link in its entirety, including clear display of IAJ's brand, corporate identity and links to any terms and conditions.
20. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify IAJ's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:
In A Jiffy LLC
349 5th Avenue
New York, NY 10016
Please provide our Agent with the following information: material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.
IAJ will remove the infringing material(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
22. GENERAL PROVISIONS
You acknowledge and agree that the Online Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and IAJ's sole obligation to you or any third party for any claim arising out of your use of the Online Services or the Website, is that you are free to discontinue your use of the Online Services or the Website at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, IAJ EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT IAJ SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF IAJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
© 2011 In A Jiffy LLC All rights reserved