A. Age

ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE JATANGO SERVICE. The Jatango Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the Jatango Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms.

You further represent and warrant that you: (a) have not previously been suspended or removed from using the Jatango Service; (b) are legally permitted to use the Service, (c) are not barred from using the Jatango Service under the laws of the United States (such as its export and re-export restrictions and regulations) or any other applicable jurisdiction, and (d) may enter into this agreement without violating any other agreement to which you are a party.

If you are registering to use the Jatango Service on behalf of a legal entity, such as company, entity, or organization, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are a duly authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth.

BY ACCESSING, USING, REGISTERING, DOWNLOADING AND/OR SIGNING UP TO THE JATANGO SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE JATANGO SERVICE.

B. Disability

Jatango periodically reviews its Website and the Jatango Service for compliance with all state and federal disability laws. If you find an accessibility issue with any aspect of Jatango’s’s Website or Jatango Services, contact us at 5425 Warner Rd Suite 10, Valley View, OH 44125 or by email at accessibility@jatango.com. Given the complexity and capability of Jatango’s web environment, Jatango has a process of incremental changes to ensure compliance.

A. Account and Seller Account

In order to access certain parts of the Jatango Service and/or be a buyer of products, you are required to create a user or buyer account (an “Account”) and in order to be a seller of products, you are required to create a seller account (“Seller Account”).

In order to open and create an Account or Seller Account, you will be asked to provide us with certain information such as an account name and password (“Registration Data”) and answer all questions or fields marked “required.” You are fully responsible for all activities that occur under your account, including all actions by any other parties, companies, representatives, agents whom you authorize or allow to use your account, whether directly, indirectly, implicitly, or otherwise. You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Seller Account, including by maintaining the security and confidentiality of your login credentials; (d) notify us immediately in writing if there is any unauthorized use of your account or breach or attempted breach of security of your account; and (e) consent to allow Jatango to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as Jatango may elect to do from time to time.

Unless expressly permitted in writing by us, you may not sell, rent, lease, share or provide access to your Account or Seller Account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Notwithstanding the foregoing, a Seller may create sales representative and company representative sub-accounts through the Seller Account and also create profile pages which contain information on the seller, the products, social media and website links as well as previous recorded live streams.

Jatango hereby reserves all available legal rights and remedies to prevent unauthorized use of the Jatango Service, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

You acknowledge that Jatango can remove your account at any time for any reason. You acknowledge that Jatango will not be liable for any loss, damage or other liability to you or others arising from your failure to maintain the security of your Account or Seller Account or password or from any unauthorized access to or use of your account as a result of your failure to maintain its security. You also acknowledge that Jatango is not responsible for loss of business or loss of content, correspondence between Buyer and Seller, sales data, or any information whatsoever in any circumstance. You acknowledge Jatango is not responsible for your business whatsoever.

B. Third-Party Accounts

Jatango may permit you to register for and log on to the Jatango Service via certain third-party services. If you log on to the Jatango Service via such third-party services (such as a social network), the profile information connected to the account you use to log into the Jatango Service, including your name, may be used by Jatango to provide and support your Account or Seller Account. You also acknowledge and agree that Jatango may publish information regarding your use of the Jatango Service to and in connection with any such third-party services with which you use in connection with the Jatango Service. The third-party’s use of your information will be subject to that service’s privacy policy. Further information about linking your account and use of Third-Party Accounts can be found in our Privacy Policy https://jatango.com/legal/privacy

C. Use of Devices and Services

Access to Jatango Service may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Jatango Service.

A. Jatango Payment Solution

Jatango has integrated with third-party operated payment processing services from Stripe so buyers and sellers may conduct business by credit cards and other electronic payment methods through the Jatango Service (“Jatango Payment Solution”).

In order to use the Jatango Service, buyers and sellers must register and enroll with an Electronic Payment Company through the Account or Seller Account. Enrollment in the Jatango Payment Solution is subject to the Electronic Payment Company’s confirmation that the buyer and seller meet the required enrollment criteria. By using the Jatango Payment Solution, you hereby agree that you are entering into an agreement with the Electronic Payment Company subject to the terms of its terms of service which is found here: https://stripe.com/privacy (collectively, the “Electronic Payment Company Agreement”). Notwithstanding anything to the contrary in the Electronic Payment Company Agreement, you will not have the right to have Electronic Payment Company, and will not request that Electronic Payment Company, transfer any buyer and seller data Electronic Payment Company collects via the Jatango Payment Solution to an alternative payment processor.

Except for the foregoing restriction that supersedes any rights you may have in the Electronic Payment Company Agreement; the Electronic Payment Company Agreement is separate from these Terms. Jatango is not a party to the Electronic Payment Company Agreement and will not be liable or responsible for the payment services provided by Electronic Payment Company. If Electronic Payment Company Agreement discontinues providing services in connection with the Jatango Payment Solution, you authorize Electronic Payment Company to share your payment method information with an alternative third-party payment processor that is or will be integrated into the Jatango Payment Solution.

ELECTRONIC PAYMENT COMPANY MUST ACCEPT BUYER AND SELLER APPLICATIONS TO USE THE JATANGO PAYMENT SOLUTION BEFORE BUYER AND SELLER CAN EITHER SEND PAYMENT OR RECEIVE SALES PROCEEDS VIA THE JATANGO PAYMENT SOLUTION. IF ELECTRONIC PAYMENT COMPANY REJECTS AN APPLICATION OR BUYER OR SELLER FAILS TO SET UP A SELLER ACCOUNT PRIOR TO EITHER SELLING OR BUYING ANY PRODUCTS, THEN ELECTRONIC PAYMENT COMPANY MAY DISABLE OR LIMIT THE BUYER’S OR SELLER’S ABILITY TO RECEIVE SALES PROCEEDS VIA THE JATANGO PAYMENT SOLUTION.

B. Payments Between Buyers and Sellers

All purchases made using the Jatango Payment Solution are made directly between buyer and seller when they complete their purchase and sale transaction, pursuant to the terms they determine. ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS BUYER AND SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND.

Jatango is not responsible to the success or failure of any user of the Jatango Service and is not a party to purchase and sale transactions completed using the Jatango Payment Solution and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which the buyer and seller can conduct business directly. Jatango further disclaims any and all responsibility to facilitate or provide refunds or returns in any manner, other than as expressly provided in the Buyer Protection Policy.

C. Shipping

Jatango is not responsible for shipping your items. Buyers and Sellers are responsible for all terms for shipping their own items. Jatango may, in its sole discretion and pursuant to its Shipping Policy, recommend a third party to allow sellers to ship purchased items to buyers. Disputes arising from using a third party for shipping will be remedied using the third party’s dispute resolution processes. Jatango is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in the Shipping Policy, Jatango will not be liable for, and you release us from any liability to you for, any losses, damages, or delays related to shipping. You agree not to use Jatango to mail or cause to be mailed, or ship or cause to be shipped, any item purchased and sold through Jatango in a manner that violates the law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. You further warrant that any item you mail or ship contains no weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. As a seller, you assume full responsibility for compliance with all applicable laws and regulations, including those regarding mailing and shipping. Anyone who sends, or causes to be sent, a prohibited, illegal, or improperly packaged or labeled material can be subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018. Buyers and Sellers are responsible for shipping their own items and must act appropriately, including abiding by best business practices and the Terms of Service for using the Jatango Service. Jatango is not liable for lost or damaged items, delays in shipping, or Seller refusal to ship items. You acknowledge Jatango does not resolve shipping disputes between Buyers and Sellers. If Buyer or Seller is delayed shipping and item or refuses to ship an item, Jatango may take actions including but not limited to cancelling accounts, remove listings and channels, and take down and remove all information related to use of Jatango Services. Jatango is not responsible for any economic loss or loss of business resulting from such removals, nor is it under any obligation to provide Buyer or Seller with any sales reports, data, or information related to listings or orders of any kind, including orders to be shipped resulting from transactions involving the Jatango Service.

D. Service Fees

The buyer hereby agrees to pay Electronic Payment Company service fees for the sales transactions made using the Jatango Payment Solution (“Service Fees”). Jatango reserves the right to change the Service Fees at any time.

E. Seller Use Violations

SELLER’S RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE JATANGO PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 8 (ACCEPTABLE USE) OF THESE TERMS, OR ANY OTHER TERM OF THIS AGREEMENT, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS LIST.

F. Taxes

Jatango is not responsible for any of Seller’s tax obligations including without limitation, filing information or other returns or documents, or reporting money subject to tax or to pay any tax whatsoever on behalf of any party other than Jatango. It is Seller’s responsibility to maintain and file all tax information and determine what, if any, taxes apply and are due, with respect to each transaction, sale, and order, completed via the Jatango Service, including, for example, sales, use, income, value added, and similar taxes. It is also Seller’s responsibility to report the correct taxes to the appropriate tax authorities. Jatango is only responsible for withholding, collecting, and remitting sales tax in jurisdictions where marketplace facilitators are required to collect and remit sales tax on behalf of marketplace sellers. In some jurisdictions, non-collecting sellers must still report sales tax collected by the Jatango Service. Seller hereby indemnifies and holds Jatango harmless from any and all liability arising out of any obligation to file, pay, remit or otherwise deal in connection with any taxes in any jurisdiction, whatsoever.

A. Fee.

Jatango will collect and retain, as a service fee paid by each seller, 5% from the subtotal amount of each sale (“Service Fee”). Such fee is subject to change and the change will be specified via the Jatango Service. All Service Fee are denominated in U.S. dollars and are exclusive of any applicable taxes. Additionally, a 2.9% fee plus $.30 cents is collected for Stripe Payment Processing.

B. Payment Method

Service Fee will be paid through the Jatango Payment Solution. Seller hereby represents and warrants that seller is authorized to use Electronic Payment Company seller designates via the Jatango Service and the Electronic Payment Company shall automatically pay Jatango Service Fee upon the sale. If the Electronic Payment Company does not automatically pay the Service Fee, Seller hereby authorizes Jatango to charge seller’s Electronic Payment Company for the total amount of the Service Fee, including any applicable taxes and other charges. If the Electronic Payment Company cannot be verified, is invalid or is otherwise not acceptable to us, the seller’s order may be suspended or cancelled.

C. Errors

Seller’s sole remedy in the event of an error with the Service Fee is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.

A. Types of User Content

B. License to Jatango

By submitting, transmitting, displaying, performing, storing or posting User Content, you hereby grant to Jatango and its assigns and sublicensees a non-exclusive, unrestricted, transferable, royalty-free, perpetual, worldwide, irrevocable, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, promote, advertise, and display the User Content (including without limitation for promoting and redistributing part or all of the Jatango Service (and derivative works thereof)) in any current or future form, format, media or media channels now known or unknown later developed or discovered in the future, in perpetuity, and your name, identity, likeness and voice (or other biographical information), company name, location and any other information you submit with the User Content, including money earned by you, in connection with the Jatango Service. The use of your or any other User’s name, likeness, or identity in connection with the Jatango Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy or any other right.

C. User Content Representations and Warranties

i. You are solely responsible for your User Content and the consequences of posting or publishing it. By uploading and publishing your User Content, you represent, and warrant that: (a) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) defame any other person; and (c) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.Jatango reserves all rights and remedies against any users who breach these representations and warranties.

ii. User Content may be publicly viewable in some instances. Jatango reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Jatango Service at any time and for any reason without notice. You will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the Jatango Service any of the following:

• User Content that is, in Jatango’s judgment, disrespectful or may expose Jatango, Users or others to harm or liability;
• User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
• Private information of any third parties, including addresses, phone numbers (except the phone number of sellers to allow buyers to call in and ask questions or comment about the seller’s products) and payment card information;
• Viruses, corrupted data or other harmful, disruptive, or destructive files; or
• User Content that inhibits any other person from using or enjoying the Jatango Service.

D. Content is Uploaded at Your Own Risk

i. Jatango uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Jatango does not guarantee and is not liable for any unauthorized copying, use or distribution of User Content. You hereby release and forever waive any claims you may have against Jatango for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY JATANGO HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

ii. You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Jatango is not responsible for any errors or omissions that you make in connection with the Jatango Service, nor for loss of content including video, text messages, sales data, performance and activity on the Jatango Service including but not limited to products and shopping carts, or any information whatsoever in any circumstances, including loss of data, data wipe, breach of security, occurrence of technical problems of any kind, coding error, virus, hack, or any other cause outlined in the Disclaimer of Warranties in Paragraph 17B, shutdown of any kind of the Jatango Service, any ceasing of Jatango business operations, or Force Majeure Event.

E. Promotions

Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the Jatango Service (a “Promotion”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions. (ii) You will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Jatango has the right to remove your Promotion from the Jatango Service for any reason. (iii) Jatango is not responsible for and does not endorse or support any such Promotions. You may not indicate that Jatango is a sponsor or co-sponsor of the Promotion. (iv) All user s should display or read out the following when a Promotion is on their page: “This is a promotion by [Your Name]. Jatango does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion”.

F. Endorsements/Testimonials

You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s.com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Jatango Service, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Jatango Service, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Jatango, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Jatango Service.

A. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), (“DMCA”) and other applicable law, Jatango has adopted a policy of terminating, in appropriate circumstances and at Jatango’s discretion, users who are deemed to be repeat infringers. We also may, at Jatango’s discretion, limit access to the Jatango Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

B. Copyright Complaints

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the DMCA where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Jatango’s designated agent (the “Designated Agent”). If you believe that anything on the Jatango Service infringes upon any copyright that you own or control, you may file a notification with Jatango’s Designated Agent as set forth below:

To give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on Jatango’s website; (4) information reasonably sufficient to permit Jatango to contact the complaining party, such as an address or telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good-faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

Designated Agent: Jatango Copyright Agent

Address of Designated Agent: 5425 Warner Rd Suite 10, Valley View, OH 44125

Email Address of Designated Agent: copyright@jatango.com

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that this material has removed or had access disabled. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on Jatango’s website. Should that occur, you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a US federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by the misrepresentation as a result of reliance upon the misrepresentation by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective.

A. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Jatango agree (1) to waive your and Jatango’s respective rights to have any and all Disputes arising from or related to these Terms, the Jatango Service or the Materials, resolved in a court, and (2) to waive your and Jatango’s respective rights to a jury trial. Instead, you and Jatango agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

B. No Class Arbitrations, Class Actions or Representative Actions

You and Jatango agree that any Dispute arising out of or related to these Terms, the Jatango Service or the Materials is personal to you and Jatango and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Jatango agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Jatango agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

C. Federal Arbitration Act

You and Jatango agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

D. Notice; Informal Dispute Resolution

You and Jatango agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Jatango shall be sent by certified mail or courier to Jatango, Inc., Attn: Jatango Designated Agent, 5425 Warner Rd Suite 10, Valley View, OH 44125. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and Jatango cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Jatango may, as appropriate and in accordance with this Section 21, commence an arbitration proceeding, or to the extent specifically provided for in section 21(A), file a claim in court.

E. Process

Except for Disputes arising out of or related to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Jatango agree that any Dispute must be commenced or filed by you or Jatango within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Jatango will no longer have the right to assert such claim regarding the Dispute). You and Jatango agree that (1) any arbitration will occur in Valley View, Ohio county of Cuyahoga, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and mediation Services (“JAMS”), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of Ohio and the United States, respectively, sitting in Valley View and county of Cuyahoga have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

F. Authority of the Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

G. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

H. Severability

If any term, clause or provision of this Section 21 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 21 will remain valid and enforceable. Further, the waivers set forth in Section 20(B) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

I. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20 by writing to: Jatango, LLC., Attn: Jatango Designated Agent, 5425 Warner Rd Suite 10, Valley View, OH 44125. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.

A. Entire Agreement; Order of Precedence

These Terms and the Privacy Policy https://jatango.com/legal/privacy contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Jatango Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Jatango for the Jatango Service or for any other Jatango product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Jatango, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

B. Amendments

We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the Jatango Service and updating the “Last Updated” date at the bottom of these Terms. All amended Terms will become effective immediately on the date they are posted to the Jatango Service unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Jatango Service after such changes become effective. Your continued use of the Jatango Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Jatango Service.

C. Severability

If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

D. Waiver

Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.

E. Relationship

Jatango is an independent contractor for all purposes, and is not your agent or trustee. You are not an agent of Jatango.

F. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Jatango, including by operation of law or in connection with any change of control. Jatango may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

G. Headings

Headings of sections are for convenience only and will not be used to limit or construe such sections.

H. Survival

Sections 17 Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnity), 21 (Arbitration), 22 (Governing Law; Venue), this Section 23 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms.

I. Questions

Questions about these Term should be sent to terms@jatango.com

Alcohol, Drugs & Tobacco

• Alcohol
• Prescription drugs
• Drugs, narcotics, or controlled substances (even those that are legal in some states)
• Items marketed for the purpose of intoxication
• Drug paraphernalia such as bongs, vaporizers, and pipes
• Tobacco and related products, including e-cigarettes, e-juice, vaporizers, mods, hookahs, and hookah accessories

Adult & Mature Content

• Explicit sexual content or nudity
• Pornography
• Adult toys

Living and Biological Products

• Pets and other live animals
• Animal products derived from endangered or threatened species
• Living or infectious biological matter
• Human remains
• Animal remains

Counterfeit or Replica Items

• Counterfeits, fakes, and replicas of brand-name items, including items “inspired” by a brand without permission of the owner
• Bootlegged or unauthorized recordings
• Pirated copies of any copyrighted materials
• Use of a trademark or other implied affiliation with a brand that you do not own or control

Dangerous Items

• Firearms, no exceptions.
• Knives primarily used as weapons or for self-defense. Note: Cutlery, kitchen, and utility knives are generally permitted
• Mace, pepper spray, bear spray, tasers, and other weapons used to subdue humans or animals
• Paintball guns, BB guns, guns that fire blanks, Airsoft Guns, and all related ammunition and accessories
• Sporting weapons such as bows and arrows, crossbows, and archery items
• Swords, if sharpened or functional. Note: Decorative blunt swords are generally permitted
• Weapon parts and accessories, including any item that attaches to a firearm, ammunition, bullets, clips, arrows, and bolts
• Body armor, including Kevlar and other tactical and protective vests, except protective clothing for sporting activities
• Hazardous Materials such as:
• Fireworks
• Explosives
• Recalled Items
• Items subject to recall
• Items deemed to pose significant health or safety risks to others

Food Items

Illegal Items or Encouraging Illegal Activity

• Stolen or found goods
• Items received through Government Assistance
• Fake or forged documents (such as licenses, IDs, diplomas, and government-issued documents)
• Offers to trade for illegal goods
• Police or Security badges or uniforms. These items can be used to impersonate an officer or gain access to secure areas

Intangible Items

• Services

  • Services for made-to-order items such as custom food items and flowers
  • Services for intangible items such as dog walking, babysitting, and IT support

• Advertisements

  • Links to or information about flea markets, yard sales, and garage sales
  • URLs or links to websites
  • Rentals and timeshares
  • Job postings
  • Lost pet ads
  • Automotive financing

• Wanted ads

• Solicitations

Medical & Healthcare Items

• Devices, drugs, and medications that require a prescription from a licensed medical practitioner (such as a dentist, doctor, optometrist, or veterinarian)
• Pills, vitamins, and supplements
• Contact lenses
• Used cosmetics
• Used makeup sponges and applicators
• Needles and items containing needles (such as syringes or tattoo equipment)

Offensive Materials

Examples:

• Posts containing racial slurs
• Posts promoting intolerance or discrimination
• Items that promote, support, or commemorate groups with views of hatred or intolerance (for example Nazi, Neo-Nazi, or KKK groups)
• Items that depict or glorify violence against people or animals