TERMS OF USE

Welcome to JaneKnows.com. JaneKnows.com is owned and operated by Miller Management Group, Inc.. (“MMG”). These Terms of Use govern JaneKnows.com’s relationship with users (“you”) and others who interact with janeknows.com. By using JaneKnows.com, you agree to these Terms of Use as updated from time to time.

Please read these Terms of Use carefully, because this document is a legal contract, and by using JaneKnows.com you agree to its terms.

1. MEMBER CONDUCT

You agree and warrant that you will not use JaneKnows.com to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Use, or that we deem improper, including, but not limited to, piracy, copyright infringement, harassment of other users, or violent behavior. You agree to use JaneKnows.com in accordance with all applicable laws. As a condition of your access to JaneKnows.com you warrant that you will not use JaneKnows.com for any purpose that is either unlawful or inconsistent with these Terms of Use. We may restrict, suspend, or terminate your access to JaneKnows.com without notice to you if we believe that you have violated any law or these Terms of Use. You agree that you will only access JaneKnows.com through the interfaces we provide. You agree not to ”hack” our site, reverse-engineer JaneKnows.com, take any action that could have the effect of damaging JaneKnows.com or its security, or interfere with other users’ use of JaneKnows.com, either on the web or through another device.

2. OUR INTELLECTUAL PROPERTY

JaneKnows.com is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms, all individual articles, content and other elements comprising JaneKnows.com are also copyrighted works. All copyright rights in JaneKnows.com and these works are owned by Miller Management, Inc. or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on JaneKnows.com. You agree to use JaneKnows.com only for your own personal and non-commercial use. We do not grant you a license to use JaneKnows.com for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of JaneKnows.com without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of JaneKnows.com over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish,  display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of JaneKnows.com please contact us at info@JaneKnows.com. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on JaneKnows.com confers on you any license or right under any patent or trademark of Miller Management Group, Inc. or any third party.

3. USER CONTENT AND COMMUNICATIONS

When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.

JaneKnows.com is a community site accessed by users across the country, and we require all users to be good neighbors. By using the site, you agree that none of your User Submissions will:

infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
contain false statements or misrepresentations that could damage JaneKnows.com or any third party;
include commercial advertisements or solicitations.

Because JaneKnows.com is a public website and websites are located in public places, we can’t guarantee that any User Submissions, even those that you don’t intentionally publish, will remain confidential.

Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you notice that any other user’s submissions appear to violate these Terms of Service, or if any other user ever makes you feel harassed or unsafe, please contact us by e-mailing info@JaneKnows.com.

You understand and agree that User Submissions are neither owned by nor provided by JaneKnows.com and MMG, and that MMG is in no way responsible for such User Submissions or any related conduct or practices.

4. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide the contact below with the following information:

(a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Service that is requested to be removed; (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the Service privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Jane Miller, Miller Management Group, Inc., info@janeknows.com; P.O Box 2140,  Boulder, CO 80306-2140.  This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

5. LINKS

JaneKnows.com may, as a convenience to users, provide links to third-party content and other websites, through links made available by JaneKnows.com, our users, or third parties. We do not endorse, sponsor, or accept any responsibility for such material. MMG is not responsible for the content or privacy practices of any linked sites.

6. LIMITATION OF LIABILITY

You understand that JaneKnows.com is an online service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the website, for any reason, including costs incurred while using JaneKnows.com, the inaccessibility of JaneKnows.com, or the costs associated with any claims you bring or try to bring against us.

Specifically, but without limitation, you agree not to hold MMG liable for damages you claim are caused by third parties who contact you using JaneKnows.com or become aware of your identity through the use of JaneKnows.com, and you understand that, while such behavior is a violation of these Terms of Use, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of JaneKnows.com.

In no event will MMG or its affiliates, or any party involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the site or any linked sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In the event that you have a dispute with another user related to, arising from, or in any way connected with use of the site, you release the MMG from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

7. INDEMNITY

You agree to indemnify MMG and our officers against, and hold the parties harmless from liability, losses, costs, and expenses (including attorney’s fees) incurred as a result of your use of JaneKnows.com or claims made in connection with such use. Although we provide rules for user conduct, we do not control or direct users’ actions on JaneKnows.com and are not responsible for the content or information users transmit or share on JanesKnows.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on JaneKnows.com. We are not responsible for the conduct, whether online or offline, or any user of JaneKnows.com.

8. DISCLAIMER OF WARRANTIES

This site is provided “as is.” MMG makes no representation or warranty of any kind whatsoever relating to the site, linked sites, user submissions, or other content that may be accessible directly or indirectly through the site. MMG disclaims to the maximum extent permitted by law any and all such representations and warranties.

Without limiting the generality of the foregoing, MMG disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to the transmission or delivery of the site, (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the site or otherwise MMG, and (e) warranties otherwise relating to performance, nonperformance, or other acts or omissions by MMG or any third party. Further, there is no warranty that the site will meet your needs or requirements or the needs or requirements of any other person.

MMG makes no warranties or representations, express or implied, (a) that the information provided through the site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the site will be available at any particular time or location; (c) that defects or errors in the site will be corrected; or (d) that the content on the site is free of viruses or other harmful components. Any information on this site is subject to change without notice, and MMG disclaims all responsibility for these changes.

9. TERMINATION

This agreement may be terminated by MMG for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.

10. GOVERNING LAW / ENTIRE AGREEMENT

You agree that any dispute between you and MMG will be governed by the law of the State of Colorado, and that any legal action brought by one party against the other will be brought in the courts of Colorado. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and MMG and governs your use of JaneKnows.com, superseding any prior or contemporaneous communications and proposals in any form between you and MMG. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.

11. PRIVACY POLICY

A separate web page, the Privacy Policy, explains our handling of personal information we maintain about you while you use JaneKnows.com. By using JaneKnows.com, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the site. If you have questions about our privacy practices, you can always contact us at info@JaneKnows.com.

12. CHANGES TO TERMS AND CONDITIONS

From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of JaneKnows.com constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use by clicking the “Terms of Use” button at the bottom of every JaneKnows.com web page because this agreement is binding on you.

13. ADDITIONAL AGREEMENTS

From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.

14. NO PROFESSIONAL ADVICE

Any information supplied by any employee or agent of MMG, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of JaneKnows.com and does not constitute legal, tax, medical, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

15. NO WAIVER

You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

16. MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MMG as a result of these Terms of Use or your access to and use of JaneKnows.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.