Terms Of Service
2. Description of Service
JenytaMarket is an online service that provides tools and processes that allow buyers and suppliers to collaborate in real-time in the purchase of supplies, labor and services. JenytaMarket provides buyers a portal to search supplier catalogs; issue bid requests as well as place orders for items. JenytaMarket provides suppliers a portal to publish their catalogs along with prices, and engage in bidding/auction for new sales from buyers. Our Service is based online so you need to have a device that is connected to the Internet to use it.
3. Eligibility, Registration, Interaction with Third Parties
In order for you to sign up with us, you may be required to provide various information about yourself and your business, including but not limited to your name, business name, email address, mailing address, zip code, credit card information, and telephone number. We will also ask you to list your products and services along with prices so we can make that available to other users on our site. In addition to providing us with the above information, you must be at least eighteen years old to sign up for our service, employed by a valid business, company or entity in good standing and able to enter into contractual obligation with us. In addition, when interacting with our Site or our Service you agree to be a nice person, which includes but is not limited to the following rules:
You will not deceive us or anyone connected with the Service;
You will not use the site or the Service to engage in any illegal conduct, allude to or request any illegal services;
You will not harass and/or stalk any employee, member, or anyone connected with our Site or Service or behave in lewd or unprofessional conduct;
You will not post, submit, or convey any false, misleading, unlawful, defamatory, untruthful, inaccurate, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content or information;
You will not Impersonate any person, entity, or company;
You will not give us any information about anyone who is under the age of 13;
You will not use us to “secret shop” other businesses;
You will not hack, crack, phish, SQL inject, install any code that is malicious or manipulate the site in any way, or otherwise compromise the security, safety, or privacy of our Site or our network, servers, member accounts, mobile numbers or access to the numbers, or the computers of our users;
You will not engage or solicit any other users to buy or sell products or services unless expressly authorized by the Site;
You will not share your login and password with anyone;
You will not run any script or other program which is designed to search, index, or aggregate the User Content or other information on our Site, unless we have given you our express written consent to do so, which we may revoke at any time;
You will not post anyone else’s proprietary information or use the Site on behalf of someone else;
You will not use our Site as a recruitment platform unless authorized by us. When using our Site or Service, we may from time to time recommend third party services to you. We disclaim any and all liability for your interaction with these third parties and any reference or link to a third party is not meant to imply an endorsement, partnership, or association with that third party.
5. Intellectual Property
We own trademark rights in words, logos and images including, but not limited to, “JenytaMarket”. Accordingly you may not use our trademark(s), trade dress, or copyrighted content, or copy the look and feel of our web site or its design, without our explicit, written consent. Copying the look and feel of our web site includes using similar phrases or the layout offline and online. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph. Since we are passionate about creating happy customers and an awesome user experience, you agree that by using our Service you allow us to use your likeness or story, including your experience with our Site. Please know that we will not use your name unless you have given us permission. We may post this, along with any business logo or content (“works”) and you are hereby providing us a revocable, sub-licensable, royalty free, perpetual license to use, display, and distribute such works both for commercial and non-commercial purposes.
6. DMCA Notices
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message, which contains:
The name of the party whose copyright has been infringed, if different from your name
The name and description of the work that is being infringed
The location on our web site of the infringing copy
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our offices located at: 370 Stearns Road, Marlborough MA 017528.
7. Representations & Warranties
While we may have certain responsibilities connected with our Service those responsibilities are limited. We may terminate any relationship we have, without notice, and without any compensation for any loss.
OK. WE KNOW THIS IS GOING TO COME ACROSS AS LOUD, BUT IT’S REALLY IMPORTANT THAT YOU UNDERSTAND THIS SECTION AS IT RELATES TO LIMITATIONS ON YOUR RIGHTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE USE OF ANY SERVICE, OR PARTICIPATION IN ANY OF OUR RELATED SERVICES JENYTAMARKET PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER (I.E. EXPRESS, IMPLIED, TITLE, NONINFRINGEMENT) THAT HAVE ANYTHING TO DO WITH OUR SITE, SERVICE, OR ANY SERVICE PROVIDER THAT USES OUR PLATFORM, OR ANY INFORMATION PROVIDED THROUGH THE SITE, OR VIA THIRD PARTY INTERACTIONS, AND JENYTAMARKET IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND FOR ANY REASON. IN REFERENCE TO THE ABOVE SOME EXAMPLES INCLUDE, BUT ARE NOT LIMITED TO, YOUR FAILURE TO GET AN ORDER OR BID REQUESTS, YOUR PRIVACY HAVING BEEN INVADED BY SOMEONE COMPROMISING OUR SITE, OR THE ACCURACY OF ANY INFORMATION PROVIDED. THE SOLE REMEDY IN ANY OF THESE CASES IS TO STOP USING OUR SERVICE. IF YOU, OR THE ENTITY YOU REPRESENT, ARE LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to compensate us, defend us, and tell everyone (including judges, lawyers, the press) that we are not liable for something you did that is connected to this Agreement in any way. This means if you breach this Agreement you should expect a formal letter from us advising that you’ll be paying our legal bills as well as compensation for related costs and damages that are caused to us.
9. Choice of Law
This Agreement shall be governed by the laws in force in the State of Massachusetts.
10. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Massachusetts in around about or within the general vicinity of Marlborough. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have the case dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements. The prevailing party in any lawsuit will be entitled to their reasonable attorneys’ fees and costs.
11. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will notify you and request that you agree to the amendments. You may refuse to agree to the amendments, but if you do, you must immediately cease using our web site and our service. If this Agreement is translated into any other language the original English version will prevail.