JLE Enterprises, LLC’s (“JLE Enterprise”) is pleased to provide you, the (“User”), access to and use of our (“Website”) as a single online source for finding college course information to help you efficiently plan for and achieve your professional and educational goals. In the event the subscriber or end user is under 18 years of age, then the parent or legal guardian shall be the designated User on behalf of the minor subscriber.
AGREEMENT BETWEEN USER AND JLE ENTERPRISE
SPECIFIC MEMBERSHIP TERMS
The Content Information that may be found on JLE Enterprise’s Website may come from or is provided by colleges, universities, and other third-parties that are not affiliated with JLE Enterprise. As such, JLE Enterprises makes no representations regarding the accuracy, validity or correctness of said Content Information and therefore User agrees to release JLE Enterprises from all liability related to any inaccuracy, misrepresentation or any damages or losses sustained by User as a result thereof. For information related to the accuracy, completeness, or other questions pertaining to such Content Information, you should contact the actual provider for more information and before taking any action or refraining from taking any action based on the Content Information.
In using the Website and JLE Enterprise’s services, User acknowledges represents, and agrees to the following requirements:
- Age Restrictions. That JLE Enterprise’s Website is available only to individuals who are 18 years of age or older. If User does not meet these age requirements, or if User is not the parent or legal guardian of the minor subscribing to use said Website service, as required herein, then User or subscriber shall not have access to, or be permitted to utilize the Content Information and other benefits related to our Website or services.
- Quote and excerpt from such Downloaded Content by electronic cutting and pasting or other means in your personal notes or research created by you in the regular course of your educational or career research and
- To the extent permitted by applicable copyright laws, but only on an occasional basis make and distribute copies of Downloaded Content in the ordinary course of User’s personal and private use; provided, however, that in all cases you preserve all copyright notices and other proprietary notices
- Notwithstanding anything to the contrary set forth herein, User agrees that the use of all Content Information or Downloaded Content is subject to all rules, restrictions and/or requirements of any third-party content providers associated with said Content Information or Downloaded Content
- recirculate, distribute, scrape, store, transmit, publish, broadcast, copy, download, or otherwise use the Content Information or any portion thereof in any form, including Downloaded Content, or by any means except with the prior written consent of JLE Enterprise, and, if applicable, the consent of third-party content providers or other providers of content or services available through the Website
- Share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Website or the Content Information, or any portion thereof or
- Use the Website in any manner that could harm, take over, disable, overburden, or otherwise impair any computer, hardware, software or other internal systems of JLE Enterprise or its affiliates
- Interfere with any other party’s use and enjoyment of this Website, or any of the Content Information contained on the Website
- Access, monitor or copy any content or information on this Website, including but not limited to user information, the Website’s architecture or its code, using any means, whether by manual process or any software application
- Violate the restrictions in any manner or bypass or circumvent other measures employed to prevent or limit access to the Content Information
- Attempt to gain unauthorized access to any services, servers, or networks used by this Website through any means
- Use the Content Information, or any trademarks, trade names, service marks, copyrights, or logos of JLE Enterprise or its affiliates in unsolicited mailings or spam material
- Fees and Charges. Use of the Website and Content Information is further subject to timely payment by User for all fees required under the applicable JLE Enterprise membership or any other agreement.
- Non-solicitation and Limitation of Use. User acknowledges that JLE Enterprise has made substantial monetary investments in creating, designing, coding, organizing, identifying and updating JLE Enterprise’s Website and Content Information, and thus JLE Enterprise has a significant business interest in said Website and Content Information, and earning a reasonable return on JLE Enterprise’s investments. User also acknowledges that JLE Enterprise may have agreements with other customers and providers that are intended to protect JLE Enterprise’s proprietary interests and investments by limiting said customers and providers use of and access to JLE Enterprise’s Website and/or services. Accordingly, to the fullest extent permitted under applicable law, User agrees that during User’s enrollment as a member or subscriber, and for a period of 12 months immediately following the termination of User’s membership and/or account with JLE Enterprise for any reason, whether voluntary or involuntary, with or without cause, User shall not directly or indirectly solicit or encourage any JLE Enterprise customer, User, employee, service provider, partner or independent contractor to cease doing business with JLE Enterprises, cancel any account, leave his or her employment with JLE Enterprise and or work for User under any arrangement that may directly or indirectly compete with JLE Enterprise. Should any solicitation by User, as described above, become a potential factor in any JLE Enterprise customer, User, employee, service provider, partner or independent contractor leaving JLE Enterprise and accepting any employment, ownership interests, or any other engagement with User, or any other individual or entity which is or was directly or indirectly affiliated with User, without JLE Enterprise’s consent, User agrees to pay JLE Enterprise as liquidated damages, but not as a penalty, a one-time fee equivalent to the greater of five (5) times the previous year’s total gross income, as determined by JLE Enterprise’s tax returns, or fifty-nine thousand ($59,400.00) dollars.
ACCURACY, USE OF INFORMATION, AND DISCLAIMER
All Content Information found on JLE Enterprise’s Website may be obtained from outside sources and not validated by JLE Enterprise. As such, User assumes all risks associated with the accuracy, validity and reliability of all Content Information provided on the Website and thus fully releases JLE Enterprises, and its members, from all liability resulting from any inaccuracy, invalidity or errors or misrepresentation associated with said Content Information. User acknowledges that it is their sole responsibility to verify that all Content Information is accurate reliable and appropriate for User’s intended use and situation.
NEITHER JLE ENTERPRISE NOR ITS MEMBERS OR AFFILIATES MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR RELAIBILITY OF ANY CONTENT INFORMATION OR RESULTS THEREOF TO BE ATTAINED BY USER OR OTHERS FROM THEIR USE OF THE WEBSITE. AS A RESULT, JLE ENTERPRISES DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT RELATED TO SAID CONTENT INFORMATION OR WEBSITE. USER’S RELIANCE OR USE OF THE CONENT INFORMATION, WEBSITE OR OTHER SERVICES ARE AT USER’S SOLE RISK AND THE CONTENT INFORMATION OR SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS”. THIS AGREEMENT SETS FORTH JLE ENTERPRISE’S SOLE OBLIGATIONS AND USER’S EXCLUSIVE REMEDIES FOR ANY CLAIMS, INCLUDING CLAIMS BASED ON DEFECTS IN OR FAILURE OF ANY CONTENT INFORMATION SUBJECT TO THIS AGREEMENT AND REPLACES ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH USER.
HOW YOU SHOULD USE THIS WEBSITE, REVIEWS, AND OTHER INFORMATION
Please consider the information and any Content Information provided on the Website as “informational” in nature and a starting point for making career or educational decisions. Also, such Content Information, explanations, reviews, answers, or other related resources are also intended purely for informational purposes only and should not replace information from the actual provider of said Content Information, including course, credit, and degree information from the actual provider, university, or college or otherwise be relied upon by User for any reason.
AGREEMENT TO GRANT JLE ENTERPRISE A LIMITED LICENSE TO YOUR SUBMITTED CONENT AND CONTRIBUTIONS
If User submits, sends, or otherwise makes available any information, including reviews, images, statements, questions, or other material to JLE Enterprise or through JLE Enterprise’s Website (collectively “Submitted Content”), User understands and agrees that User is granting JLE Enterprise a royalty free, unrestricted, worldwide, perpetual, revocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create any derivative works from, distribute, perform, and display such Submitted Content (in whole or part) worldwide as well as incorporating it in other works in any form, media, or technology now known or later developed, and warrant that the Submitted Content is original to User, that User has all necessary right to submit, send, or otherwise make available the Submitted Content and grants such rights and license to JLE Enterprise. User also warrants that any “moral rights” User may have in such Content have been waived (collectively all rights within this paragraph will be referred to as the “License”). User also agrees that by submitting to JLE Enterprise the Submitted Content said submission will constitute an electronic signature of User as the copyright owner. User further agrees that this signature will be deemed to have been executed as of the date the submission.
JLE Enterprise intends to use any Submitted Content in a positive manner for the benefit of JLE Enterprise, its customers, and other Users. If User disagrees with JLE Enterprise’s use of their Submitted Content, User shall contact JLE Enterprise at (248) 270-5232 and we will discuss the issue and endeavor to work with User to resolve said issue. Furthermore, User is not obligated or required to provide any Submitted Content or otherwise interact with JLE Enterprise’s Website. Any decision to do either is solely at User’s discretion.
NO GUARANTEE TO ACCESS, RIGHT TO CHANGE OR REMOVE ANY CONTENT ON THE WEBSITE
JLE Enterprise reserves the right to change all Content Information contained on the Website and any items offered through the Website at any time without notice. JLE Enterprise does not guarantee that its Website and or any Content Information will function without interruption or in an error-free manner (collectively “Interruptions”). Such Interruptions may occur due to routine maintenance, updates, or system or network failures. To the extent reasonably possible, JLE Enterprise will endeavor to provide advance notice of any Interruption within its control and to reasonably identify and resolve any unscheduled Interruption as quickly as is reasonably possible, as solely determined by JLE Enterprise. However, User agrees that under no circumstances and regardless of the legal theory or whether JLE Enterprise had been informed of the possibility of such damages, JLE Enterprise shall not be liable for any losses or damages caused by any Interruption including but not limited to: any loss of data, Submitted Content, Content Information, good-will, recommendations, User profiles, lost fees and revenue, the cost of substitute products or services, or from the inability to use the Website, Submitted Content, or Content Information.
Furthermore, JLE Enterprise disclaims all liability for all losses or damages caused by any Interruption, as well as any liability for slow, malfunctioning, inconsistent, or impossible access conditions of JLE Enterprise’s Website and Content Information for any reason.
NO ENDORSEMENT AND LIMITATION AS TO SCREENING AND ACCURACY OF INFORMATION FOUND ON THE WEBSITE
No Content Information contained on JLE Enterprise’s Website shall be considered an endorsement of any kind, a representation or guarantee as to the Content Information’s accuracy, validity, quality, or appropriateness for User’s particular use.
JLE Enterprise endeavors to provide User with useful, accurate, and truthful information found on its Website, however, JLE Enterprise must rely upon the data, contributions, and information provided by independent third parties. Accordingly, there are inherent limitations as to the accuracy, validity, or completeness of said Content information found on JLE Enterprise’s Website. JLE Enterprise, therefore, makes no representations that the information on the Website is complete or free from inaccuracies, outdated information, errors, or misinterpretations of fact. As such, User should independently verify the accuracy of any Content Information User obtains on the Website before using it as well as personally verifying the appropriateness of said Content Information before agreeing to enter into or pursuing any sort of degree or career plan, or relying upon any advice, recommendations, or information found on the Website.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
If User believes any material on the Website, whether posted by JLE Enterprise, other Users, or any other party, is infringing upon any other parties’ rights, please contact JLE Enterprise at the address below. Pursuant to the Digital Millennium Copyright Act, JLE Enterprise has a designated agent to receive copyright infringement claims.
A physical or electronic signature of the copyright owner or the person authorized to act on its behalf
A description of the copyrighted work claimed to have been infringed
A description of the infringing material and information reasonably sufficient to permit JLE Enterprise to locate the material
Your contact information, including your address, telephone number, and email
A statement by Consumer that Consumer have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and
A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)
In compliance with the Children's Online Privacy Protection Act (COPPA), JLE Enterprise’s Website is intended to be a general audience site and is not intended to collect any “Personally Identifiable Information” (PII) from children under 13 years of age, unless we believe such collection to be permitted by law.
MISCELLANEOUS LEGAL PROVISIONS
By using this Website, as well as any information found on this Website, User expressly understands and agrees to the following:
- Binding Upon User’s Successors: This Agreement and all the requirements and covenants within will be binding on User and User’s heirs, administrators, successors, and assigns
- Assignability: User may not assign or delegate any rights or obligations under the Agreement, without the prior written approval of JLE Enterprise. Any purported assignment and delegation will be ineffective. JLE Enterprise may freely assign or delegate all rights and obligations under the Agreement, including any License granted to JLE Enterprise under the Agreement, fully or partially without notice to User. JLE Enterprise may also substitute, by way of unilateral novation, effective upon notice to User, JLE Enterprise for any third party that assumes our rights and obligations under this Agreement
- Equitable Relief: User irrevocably waives any right to seek injunctive or equitable relief. Accordingly, under no circumstances will User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of JLE Enterprise, its Website, or any advertising or other materials issued in connection of either
- No Waiver: Any delay or failure on the part of JLE Enterprise to exercise or enforce any rights under this Agreement to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to exercise or enforce any such rights at any subsequent time
- Membership Account Information. User is responsible for maintaining the confidentiality of their membership account and password and for restricting access to their computer. User further agrees to accept all responsibility for any activities that occur under User’s account/password. JLE Enterprise reserves the right to refuse or remove any member/User. User further agrees not to share or otherwise permit anyone else other than User to access JLE Enterprise’s Website through any membership account. User acknowledges that after 12 months, the information on User’s profile page may expire and JLE Enterprise may require User to acknowledge the current accuracy of the information to allow User to have continued use of JLE Enterprise’s Website
- Electronic Communications Consent. By using the Website, creating an account, or otherwise doing business with JLE Enterprise, User consents to doing business with JLE Enterprise electronically and consent to receive communications from JLE Enterprise electronically. User agrees that all notices, disclosures, and other communications that JLE Enterprise provides to User electronically satisfies any legal requirement that such communications be in writing. By giving your consent, User agrees to conduct their transaction or transactions with JLE Enterprise using electronic signatures. User agrees that such electronic signatures may consist of clicking on buttons and/or checking boxes where indicated. User also consents to the use of electronic records, including records sent to User electronically, instead of receiving them on paper or by regular mail. JLE Enterprise may provide you records electronically by posting them online to your account or by email, which may include the records as attachments or as embedded links. User’s consent will be effective unless User withdraws it. User may at any time withdraw User’s consent for electronic signatures and/or to receive records electronically by contacting JLE Enterprise at firstname.lastname@example.org.
- Limitation of Liability: Some jurisdictions may not permit the limitation or exclusion of liability in contracts and, as a result, some or portions of this Agreement may not apply to User. But to the extent legally permitted under applicable law, User agrees that under no circumstances will JLE Enterprise, its subsidiaries, members, affiliates, directors, employees, independent contractors, agents or any other party designated by JLE Enterprise in connection with its business operations be liable, without limitation, to User for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, User agrees that JLE Enterprise and its members will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. User agrees that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. User further agrees that JLE Enterprise will not be, under any circumstances, cumulatively liable for any damages in excess of the lesser of two times the monies paid by User to JLE Enterprise for any services or subscriptions that may give rise to any liability or $500.00 (U.S.). User further agrees that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different. Additionally, User agrees this limitation of liability shall apply regardless of whether (i) User bases User’s claim on contract, tort, statute or any other legal theory, (ii) JLE Enterprise knew or should have known about the possibility of such damages; or (iii) The limited remedies provided in this section fail of their essential purpose; and; (iv) JLE Enterprise may cause User to be damaged intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
- Choice of Law: User agrees that any dispute arising in any way from your purchase of any item from JLE Enterprise, use or access to the Website, or a violation of the Agreement are to be construed, governed and enforced exclusively according to the laws of Michigan or, if applicable federal copyright, patent, or trademark law, without respect to its conflict of laws principles
- Limitation on Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject JLE Enterprise to any registration requirement within such jurisdiction or country and