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Terms and Conditions

What’s new in this document since the last update

  1. Paragraph two of the “Purchases” section has been updated to remove the requirement of paying for monthly fees prior to the month for which it is invoiced.


Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ocularcms.com website (the “Website” or “service”) operated by JellyNeck Solutions, Inc. (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding limitations of our liability. 

Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website you agree to be bound by these Terms.  If you disagree with any part of the terms then you do not have our permission to access or use the Website.

Each party expressly agrees that this Agreement is legally binding. If you are agreeing to this Agreement on behalf of an entity, you represent and warrant that you are duly authorized to enter into this Agreement. The rights granted under this Agreement are expressly conditioned on acceptance by such authorized personnel.

Purchases

If you wish to register for the Website, you will be asked to supply your name, email and company name. If you wish to purchase any product or service made available through the Website (“Purchase”), you will be asked to supply your name, company name, email, credit card number, expiration date and CVC. If JellyNeck Solutions, Inc. does not receive payment within the terms, your account may be suspended until you pay for the service. All payments shall be processed using Stripe. One-time and recurring payment options are available and may be chosen at the time of paying the balance due.  

You are responsible for paying promptly when a balance exists. If you carry a balance due for one month, the site will be automatically suspended. You can reinstate the site upon payment in full of the outstanding balance and successful setup of automatic recurring credit card payments. After one month of suspension, this agreement will be terminated and at the sole discretion of JellyNeck Solutions, Inc., you may reinstate the site upon completion of all the following three conditions: (i) payment in full of the outstanding balance, (ii) payment of an $85 reinstatement fee, and (iii) successful setup of automatic recurring credit card payments.

You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.

We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.

Provider Accounts

The Website allows Providers of website services to use the CMS to service their clients. Providers are able to build a custom template with multiple page layouts for their clients. If you are a provider and have built a custom template, the template will belong to you. 

During registration, accounts for both you and your client will be created. When you are logged into your account, you may access each of your clients’ accounts at any time. During registration, you may choose whether you wish to be invoiced directly, or whether you want us to send an invoice directly to your client. 

Cancellation Policy

You can cancel your account at any time by notifying us via email at the contact us email address below or via the CMS contact form. 

Refunds

JellyNeck Solutions, Inc. is not obligated to issue a refund for any reason to any customer. Refunds are available for unused services only. Any services that have already been used are not eligible for refunds. To request a refund, contact us at the email address below or via the contact form in the CMS. 

Support

You will have access to self-help support articles in the CMS knowledge base for the purpose of providing guidance and instruction so that you can self-maintain the website. For premium support plan clients, we offer additional electronic support. To better respond to and track requests, support is solely limited to electronic communications via the control panel or email. Excluding holidays, email requests will be responded to by the next business day. Support is limited to questions or issues related to the website (e.g. maintenance, how-to's, performance issues, etc). Website updates and computer-related questions are not covered by JellyNeck Solutions, Inc unless otherwise offered at the sole discretion of support personnel. Support also does not include assistance or communication with third-party vendors. Communications from vendors should be sent to you and you may forward this communication to JellyNeck Solutions, Inc. support as long as it adheres to this policy.

Restrictions

You agree not to perform any actions that are: (a) intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (b) outsource, rent, resell, sublicense, time-share, or otherwise share the OcularCMS service with any third party, including service bureau use; (c) frame or mirror the login page for the OcularCMS service; (e) decompile, disassemble or reverse-engineer the underlying software that is part of the OcularCMS service or otherwise attempt to derive its source code; (f) use the OcularCMS service either directly or indirectly to support any activity that is illegal; (g) access the OcularCMS service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (h) authorize any third parties to do any of the above.

The media library is a convenient storage area where all uploaded images and documents reside for use on web pages. You are allowed a total of 150MB of media library files to be hosted on our servers. If this limit is exceeded, a surcharge may be billed to you at a cost to be determined by JellyNeck Solutions, Inc. The size of all other files is not counted against allowance. Bandwidth of media library files is not to exceed .5GB per month (512MB). If this limit is exceeded, a surcharge may be billed to you at a cost to be determined by JellyNeck Solutions, Inc. Bandwidth of all other files is not counted against allowance.

If you access and use a template created by JellyNeck Solutions, Inc., this template continues to be the property of JellyNeck Solutions, Inc. 

Acceptable Use 

You must be 18 years or older to use the OcularCMS service. You agree not to engage in any of the following prohibited activities in connection with the Website: (i) using the Website for file storage or sharing purposes (ii) transmitting spam, chain letters, or other unsolicited email; (iii) transmitting, storing or using invalid data, viruses, worms, or other software agents; (iv) transmitting, storing or using customer data that is harmful, threatening, defamatory, sexually explicit, pornographic, obscene or that violates any applicable laws or regulations; (v) harming or exploiting minors in any manner; (vi) obtaining unauthorized access to any other customer’s account to the Website; or (vii) impersonating another person, misrepresenting your affiliation with a person or entity, conducting fraud or hiding or attempting to hide your identity. JellyNeck Solutions, Inc. may, but is not obligated to, monitor Websites and Customer Data for compliance with this section.

Trial Subscription

If you receive free access or a trial or evaluation subscription to the Website (a “Trial Subscription”), then you may use the Website in accordance with this Agreement for the period designated in the registration form or otherwise in writing by us. Trial Subscriptions are permitted solely for your trial use to determine whether to procure a subscription to the Website. Your Trial Subscription and your access to the service will automatically terminate upon expiration of the Trial Period. During the Trial Period, you will have the option to procure a full subscription to the service. If you procure a paid subscription, all of the terms and conditions in this Agreement will apply to such subscription and the associated use of the service. JellyNeck Solutions, Inc. has the right to terminate a Trial Subscription at any time for any reason.

During the trial period of up to 1 month, you will not be charged anything and we will not ask for a credit card to get started. You will be able to access your site using a temporary sub domain while you work on it, which will be provided by JellyNeck Solutions, Inc. (e.g. mysite.ocularcms.com). Then if you are ready to go live during the trial period, we will assign your real domain to the site and begin charging the monthly fee at that time. If the site is not live by the end of the trial period, you will have two options (i) continue using the temporary sub domain, and the monthly charge will begin at that time, or (ii) if you prefer not to go live (or we don’t hear back from you), the account will be shut down and eventually deleted and you will not be responsible for any payments.

Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, software, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services or products may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.

JellyNeck Solutions, Inc. makes no representations about the suitability of the information, products, and  services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by JellyNeck Solutions, Inc. All such information, products, and services are provided “as is” without warranty of any kind. JellyNeck Solutions, Inc. disclaims all warranties and conditions that this Website, its servers or any email sent from the JellyNeck Solutions, Inc. are free of viruses or other harmful components. JellyNeck Solutions, Inc. hereby disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

Responsibility for Data and Websites

You are solely responsible and liable for your websites and all of your data or the data belonging to your customers that is collected, used, disclosed and/or displayed therewith. You represent and warrant that: (i) all necessary rights, releases and permissions have been obtained (including without limitation from Users, Visitors, any third party owners or licensors of the Customer Data and Third Party Tool providers) for you to create and operate your Websites and to use, submit and allow the collection of Customer Data for the purposes contemplated in this Agreement and (ii) the Websites and Customer Data (and their use or collection hereunder) will not infringe any intellectual property rights, rights of privacy, rights of publicity or applicable laws. Subject to this Agreement, you will control access to and management of your Websites and Customer Data, including access by providers of Third Party Tools.

Sensitive Data

In addition to your other obligations set forth herein, you specifically acknowledge and agree that: (i) JellyNeck Solutions, Inc. is not acting on your (or your Visitors’) behalf as a Business Associate or subcontractor; and (ii) you (and your Visitors) may not store, process or transmit protected health information (“PHI”) using the Website or otherwise use the Website in any manner that would require us to be compliant with the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented (“HIPAA”). In the preceding sentence, the terms “Business Associate or subcontractor” and “personal health information” or “PHI” have the meanings described in HIPAA.  You further agree not to (and not to permit Visitors to) use the Website to store, process or submit any social security numbers, payment card information, nonpublic personal information (as defined and used under the Gramm-Leach-Blilely Act and related rules and regulations), or other sensitive financial or personal information, excluding only payment card information submitted to Third Party Tools in accordance with your applicable agreements with Third Party Tool providers.

Indemnification

You shall, at your own expense, defend JellyNeck Solutions, Inc. from and against any and all claims (which may include, without limitation, claims from visitors) arising from or related to (i) any of your data or websites, (ii) your breach or alleged breach of this Agreement, (iii) any service or product offered by you in connection with or related to your websites or (iv) any interaction of visitors with your website, and shall hold Jelly Neck Solutions, Inc. harmless from and against liability for any losses to the extent based upon such claims.

In no event shall JellyNeck Solutions, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Force Majeure

JellyNeck Solutions, Inc. shall not be liable for any loss or delay (including JellyNeck Solutions, Inc.’s failure to provide the OcularCMS service or related support) resulting from any causes outside of JellyNeck Solutions, Inc.’s reasonable control, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, general Internet problems or service provider failures or delays, civil unrest, war or military hostilities or acts of third parties, and JellyNeck Solutions, Inc.’s performance shall be relieved to the extent and for the period adversely affected by such event.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than JellyNeck Solutions, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property

All contents of this Website are ©2016 JellyNeck Solutions, Inc. All rights reserved. JellyNeck Solutions, Inc., OcularCMS, ocularcms.com, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of JellyNeck Solutions, Inc., and are either registered trademarks or trademarks of JellyNeck Solutions, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. JellyNeck Solutions, Inc. is not responsible for content on websites operated by parties other than JellyNeck Solutions, Inc.

As long as you do not have an outstanding balance, you will retain full rights to all supplied text, images and uploaded files that are lawfully owned by you. If you utilize your own web template you will also retain full rights to that template if you do no have an outstanding balance. JellyNeck Solutions, Inc. owns all other files and proprietary code. The JellyNeck Solutions, Inc. Content Management System (referred to as “Platform”) is a “hosted platform” that contains technologies that are proprietary to us. JellyNeck Solutions, Inc. owns all rights of the Platform upon which your site resides. JellyNeck Solutions, Inc. grants you limited use of the Platform and any associated proprietary files or code needed by the website to function in accordance with this agreement. You understand that some of the code and functionality of the Platform are shared with other websites on the Platform and cannot be modified or tampered with in any way. You will have access to a web-based control panel whereby you can manage site content and access various account management features. You will not have access to the web server, FTP, command line, database, file permissions, htaccess, or any other server, web, or code-related items.

If you are aware of an infringement of our intellectual property,  please let us know by contacting us at info@jellynecksolutions.com. 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to donata@agencyattorneys.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Donata Kalnenaite. The following is his contact information: 

Donata Kalnenaite
donata@agencyattorneys.com
(312) 391-4341
141 W. Jackson, Suite 1520A
Chicago, IL 60606

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete.. To report that your intellectual property rights have been infringed upon, please email us at info@jellynecksolutions.com and include the following information:

  1.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  3. your address, telephone number, and email address;

  4. 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;

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

In order to promote services to other clients, JellyNeck Solutions, Inc. may reference your site for promotional use. Such references may include but are not limited to web, print and verbal communications. Self-promotion may continue even after termination of this agreement. You may contact us directly if you wish to be excluded from promotional inclusions. JellyNeck Solutions, Inc. reserves the right to display attribution that references and links to OcularCMS or JellyNeck Solutions (e.g. “powered by...”). Said attribution must remain visible at all times, must not be tampered with in any way, may not be removed, and may change at any time without notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Termination

We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you must go through the cancellation procedure outlined above. 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Damages

In no event shall JellyNeck Solutions, Inc. be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if JellyNeck Solutions, Inc. has been advised of the possibility of such damages.

If, despite the limitation above, JellyNeck Solutions, Inc. is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of JellyNeck Solutions, Inc. will in no event exceed the service fees you paid to JellyNeck Solutions, Inc. in connection with such transaction(s) on this Website. At no time shall this liability exceed $1,000.00.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of JellyNeck Solutions, Inc..

Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

All disputes shall be resolved by arbitration in Cook County, Illinois in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least five (5) years’ experience in the practice of law and at least five (5) years’ experience in the negotiation of website contracts or software contracts. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Illinois sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Illinois or any other applicable law. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. 

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website or CMS.

JellyNeck Solutions, Inc. may communicate price or service modifications by either posting on the website, terms and conditions page of the website or via email or other written communication. If JellyNeck Solutions, Inc. makes any change to pricing or services offered, then JellyNeck Solutions, Inc. may, at its own discretion, at least 30 (thirty) days prior to such change, send you a notice by electronic mail that the prices and/or services will be changed.

Contact Us

If you have any questions about these Terms, please contact us at info@jellynecksolutions.com.

Last updated: March 20, 2018