This is an agreement between Jawger, owner and operator of https://www.jawger.com (the "Jawger Site"), the Jawger software, and the Jawger mobile apps (collectively "Jawger", the "Jawger Service", or the "Service"), and you ("you" or "You"), a user ("user", "User", or "Member") of the Service ("Terms", or "Terms of Service").

BY CREATING AN ACCOUNT TO ACCESS JAWGER SERVICES OR USING THE JAWGER SERVICES IN ANY MANNER, OR PROVIDING PARENTAL CONSENT FOR YOUR CHILD'S USE OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS OF SERVICE, AND TO JAWGER'S PRIVACY POLICY, WHICH CAN BE FOUND AT https://www.jawger.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. USE OF THE JAWGER SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, NAVIGATE AWAY FROM THIS PAGE AND DO NOT USE THE SERVICES.

To the extent allowed by law, Jawger reserves the right, at its sole discretion, to modify or replace these Terms, or change, suspend, discontinue or terminate the Jawger Services or to modify our Privacy Policy, at any time. If we modify these Terms or our Privacy Policy, we will post the modification on the Jawger Services or provide you with notice of the modification.

A notice and request for consent will be provided to parents if there are material changes to policies regarding the collection, use, or disclosure of a child's Personal Information. We will also indicate when such terms are effective at the top of the page. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Services.

We may immediately terminate these Terms with respect to you (including your access to the Jawger Services) if you fail to comply with any provision of these terms.

At Jawger, our focus is creating a positive and helpful experience for our Members. We want Jawger to be easy, safe, private, and fun for you and your Jawger connections. We need your help to keep the Jawger Services safe and fun, which means You agree that You WILL NOT use Jawger or the Jawger Services to:

• Violate any law or regulation, or use the services for any unlawful purpose or the promotion of illegal activities.
• Stalk, harass, bully, intimidate, or harm another Member.
• Post, publish, upload, email, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, unlawful, harmful, obscene, indecent, or pornographic content.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.
• Do anything malicious, or discriminatory.
• Post content you do not have the right to Transmit.
• Post content that infringes on trademarks or copyrights.
• Post content that solicits, advertises, or sells commercial products or services.
• Post viruses or malicious scripts.
• Post spam, click or link bait.

In addition, you WILL NOT:

• Attempt to circumvent any technological measure implemented by Jawger or any of Jawger's providers or any other third party (including another Member) to protect the Site or Services.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used by the Site or Services.
• Modify, adapt, copy, alter or make derivative works of the Services.
• Advocate, encourage, or assist any third party in violating these Terms or any of our Jawger policies.
• Send unsolicited or unauthorized advertising or commercial communications, such as spam.
• Engage in spidering, data mining, scraping or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.
• Use automated methods to use the Site or Services.

The Jawger Service is for personal use only and may not be used for commercial purposes, including but not limited to soliciting and advertising to Members for products or services, without the prior written consent from Jawger, Inc.

By registering to use the Jawger Services, You are deemed to have executed these Terms electronically, pursuant to California Civil Code § 1633.8 and the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your registration to use the Jawger Service constitutes an acknowledgement that You are able to electronically receive, download, and print these Terms.

In connection with these Terms, You may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Jawger Services, You give us permission to provide these records to you electronically instead of in paper form.

By registering to use Jawger's Services, You consent to electronically receive and access, via email or the Jawger Service, all records and notices for the services provided to You under these Terms that Jawger would otherwise be required to provide to You in paper form. Jawger will generally communicate with You electronically; however, Jawger reserves the right, in its sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services using the address under which you have registered. Your consent to receive records and notices electronically will remain in effect until You withdraw it by cancelling your Account. To ensure that Jawger is able to provide records and notices to You electronically, You must notify us of any change in your email address.

In order to access features of the Services and to post any content through the Services, you will need to create an account ("Account") and become a "Member."

If you are under the age of 18, you must have your parent or legal guardian create an Account, called a "Custodial Account," for you before you can become a Member and use the Services. The Children's Online Privacy Protection Act (COPPA) requires that we obtain a parent's or legal guardian's permission to collect and store certain information about a child under the age of 13. For further information, please read Jawger's COPPA privacy and legal disclosure at https://www.jawger.com/company/coppa-stmt. Some services of Jawger are age-gated and not available for Custodial Accounts.

During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process. Jawger reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

Once you complete the registration process, your Account will be created as a "Guest Account." Guest Accounts give Members limited access to Jawger Services and limited quotas for User Generated Content. A Member may purchase one of the Jawger Subscription Plans ("Plans") for access to additional Jawger Service capabilities and privileges.

Jawger's Terms of Service and Privacy Policy are in force and applicable for all times when Members are specifically within the walls of Jawger and not engaged in any activity with 3rd party sites.

Jawger does not sell, trade, or rent Members User Generated Content, as defined below, to third parties; therefore, Jawger relies on your Member subscriptions to offer, enhance, and maintain the Jawger Service. Jawger offers Plans that provide various levels of Jawger Service features, capabilities, and User Generated Content quotas. By purchasing a Plan, you are agreeing to Jawger's Subscription Terms. Plan upgrades and downgrades may be managed through the Jawger Service.

Your payment to Jawger will automatically renew at the end of the purchased Plan period, unless you cancel your Plan before the end of the current subscription period. The applicable fee for an upgraded Plan will take effect immediately; downgrades to your Plan will take effect on the next billing cycle.

Jawger may change the price for the Plans from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. As permitted by local law, you accept the new Plan price by continuing to use the Jawger Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Plans prior to the price change going into effect. Please make sure to read any notifications of Plan price changes carefully. Upon a Plan cancellation, your Account will convert to a Guest Account.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING JAWGER OR ITS AGENTS WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Jawger or its agents are unable to successfully charge your credit card or payment account for fees due, Jawger reserves the right to revoke or restrict access to your Account, delete your User Generated Content, or terminate your Account. We may contact you via email regarding your Account, for reasons including, without limitation, reaching or exceeding your Plan limits.

For more information about Jawger's Subscription Terms, see here: https://www.jawger.com/legal/subscription-terms.

Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of your Jawger Account information, including your username and password. You are responsible for all activities that occur under your Jawger Account and you agree to notify Jawger immediately of any unauthorized access or use of your Jawger Account. Jawger is not responsible or liable for any damage or loss related to any unauthorized access or use of your Jawger Account. For more information on the importance and protection of your privacy at Jawger, and for Jawger's current privacy policy, please see our Privacy Policy at https://www.jawger.com/privacy, which is incorporated, into these Terms.

The Jawger Services allow you to communicate, submit, upload, post, or otherwise make available text, data, images, graphics, photos, audio, video, personal data, or other content ("User Generated Content"), which may be accessible and viewable by other Members of Jawger. Access to these features may be subject to age restrictions and parental controls. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

Contact Information. You may choose to "Invite" people to use and connect with You on Jawger. You may choose to allow Jawger access to your address book, on your behalf, to retrieve a contact's first name, last name, and e-mail address ("Contact Information") or You may enter Contact Information manually. Jawger does not collect and retrieve any other Contact Information. Jawger will send invitations and reminder notifications to contacts You have invited. Jawger will securely store this Contact Information on Jawger servers. Jawger only uses Contact Information to connect you with your contacts. Jawger does not use Contact Information to automatically associate and share with other Jawger Members, third-parties, or Jawger data.

Personal Information. You may choose to add personal data to your Account and share with other Jawger Members (using Jawger profiles) and other Jawger Services. Jawger minimally shares your default Account name and profile picture (aka badge) with other Jawger Members you are not connected with on your submissions to other Jawger Member posts and JoinINs. You may change your default profile and create alternate profiles to choose the personal data you share with other Jawger Members. Jawger will securely store your personal data on Jawger servers. Jawger does not use personal data to automatically associate and share with other Jawger Members, third-parties, or Jawger data, without your explicit consent. Jawger does not condition your use of the Jawger Services on sharing personal data beyond what is reasonable to service your Account on Jawger.

Ownership. User Generated Content is owned by the party contributing such content. As a Member of Jawger, You are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using Jawger You represent that You have all rights and authorizations necessary to post, submit, display, produce, share, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Generated Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Furthermore, You understand and agree that your submissions to other Jawger Member posts and JoinINs becomes the property of that Member. Jawger, at its discretion, may not remove this content should you decide cancel your account with Jawger.

Jawger is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through Jawger is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of Members or the accuracy of any data that Members may provide any other Members with whom you interact in the course of using Jawger.

Backup. You are responsible for backing up, to your own computer or other device, any User Generated Content that you submit or access via the Jawger Service. Jawger shall use reasonable skill and due care in providing the Service, but Jawger does not guarantee or warrant that any User Generated Content you may submit or access through the Service will not be subject to inadvertent damage, corruption or loss.

As part of the Service, Jawger may provide Persons age 13 and older the ability to follow links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to You. Jawger has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Jawger, and Jawger is not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Jawger. If You decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Service or relating to any applications You use or install from the Service.

Other than your User Generated Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Jawger Content"); and (b) Jawger's trademarks, logos, and brand elements ("Marks"). The Site and Services, Jawger Content, and Marks are all protected under U.S. and international laws. Jawger, the Jawger logo, and names are trademarks of Jawger. You agree not to display or use these trademarks in any manner without our prior written permission.

At its discretion, Jawger may cancel Accounts of Members who violate these Terms. Jawger reserves the right to view Jawger Content, as defined above, and User Generated Content, as defined above, ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. Jawger can remove any content or information you post on Jawger if we believe that it violates our Terms of Service.

Jawger reserves the right to ban Members that do not comply with its Terms of Service as assessed in Jawger's sole discretion and interpretation of its Terms of Service. Members may not be notified when this occurs. Banned Members may contact Jawger at the address below or via email at info@jawger.com to request more information. Please comply with the rules in our Terms of Service.

While we have the right to monitor activity and content associated with Jawger, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by Members. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using Jawger, you may be exposed to content that you find offensive or objectionable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted at Jawger or endorse any opinions expressed at Jawger. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating Accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.

Jawger uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal data. We cannot, however, ensure or warrant the security of any information you transmit to Jawger and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit User Generated Content through the Jawger Service is never recommended. Once we receive your transmission of information, Jawger makes commercially reasonable efforts to ensure the security of our systems. If Jawger learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Jawger may post a notice on the Jawger Site or through the Jawger Service if a security breach occurs.

When you use our Services, we may receive information ("Log Data") such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you sign into our Services and interact with our email notifications. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications. Jawger only uses Log Data to provide, understand, and improve our Services.

Jawger's policy is to notify Members of requests for their Account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected Members when prior notice is prohibited.

Like all service providers, Jawger is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction.

All right, title, and interest in and to the Services (excluding User Generated Content, as defined above) are and will remain the exclusive property of Jawger and its licensors. The Services are the intellectual property of Jawger and are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Jawger name or any of the Jawger trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Jawger, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JAWGER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, AND ANY CONTENT THEREOF. JAWGER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAWGER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE JAWGER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, JAWGER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

By accepting these Terms of Service, you agree to defend, indemnify and otherwise hold harmless Jawger, its officers, employees, agents, subsidiaries, affiliates and other partners from against any actual or alleged claims, damages (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages), costs, liabilities and expenses (including but not limited to, reasonable attorneys' fees) arising out of, or related to your use of Jawger or the Jawger Service; ii) unauthorized access to or alteration of your communications with or through Jawger or the Jawger Service, or iii) any other matter relating to Jawger or the Jawger Service. Any business transactions which may arise between Members from their use of Jawger are the sole responsibility of the Members involved, and we disclaim any and all responsibility for such transactions.


IN NO EVENT SHALL THE JAWGER, ITS DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JAWGER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED $10.00 USD.

This Service may be subject to U.S. export control and economic sanctions laws. Jawger makes no representation that the Service is appropriate or available for use in other locations and other countries. Those who choose to access or use the Service from other locations or other countries do so on their own initiative and are responsible for compliance with all applicable laws and regulations in that territory. You agree to not access or use the Service if you are located in any jurisdiction in which the provision of the Service is prohibited under U.S. or other applicable laws or regulations.

Jawger is provided by Jawger, Inc., a Delaware C corporation, based in Clackamas County, Oregon.

Under no circumstances will Jawger be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

No failure or delay by Jawger in exercising any right under this Agreement will constitute a waiver of that right.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Jawger to enforce any right or provision of these Terms will not prevent Jawger from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. With respect to any disputes or claims, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Clackamas County, Oregon and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out these Terms.

You may not assign of the rights or obligations under these Terms.

These terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of the parties. There are no third party beneficiaries under these Terms.

The sections titled "Indemnification", "Disclaimer", "Limitation of Liability", and "General Provisions" will survive any termination of this Agreement.

Unless otherwise indicated, these Terms of Service and all content provided on the Service, and by Jawger, Inc. are copyright of Jawger Inc.

Please direct any comments or questions to: info@jawger.com

Last updated: January 5, 2019
©2019 Jawger, Inc.