Subscribe to *** JAYA123 ***
After clicking the button you will be directed to a page to enter your
billing
data as well as a username and a password. By joining JAYA123 you
accept the terms and conditions below.
Adams-Blake Company, Inc. Service Agreement
This Service Agreement is a legal agreement between you and Adams-Blake Company, Inc.. In this Agreement, "you" refers to the person or company who is using the Adams-Blake Company, Inc. JAYA123 service. The service provided by Adams-Blake Company, Inc. and purchased by you is referred to in this Agreement as the "Service." This Agreement includes related content on Adams-Blake Company, Inc.'s Web site, such as the introductory and sign-up pages, which are incorporated by this reference. Adams-Blake Company, Inc. may decline to initiate the Service for you or any of your employees, contractors, or affiliates in our sole discretion.
Permitted Uses and Restrictions on Use
The Service may only be used for its intended purpose of order entry, inventory mangaement, customer relation management, and elementary bookeeping. You may not use the Service on a professional basis for anyone other than you. Notwithstanding anything in this Agreement, Adams-Blake Company, Inc. has no responsibility or liability for damages or claims relating to any use of the Service other than for its intended purposes. The Service does not include calculation of deductions or taxes to any jurisdiction, nor does it include calculation or reporting of penalties or interest on delinquent tax payments.
The Service does not include obtaining your access to the Internet for connecting to the Service. You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Service (e.g., the public telephone computer networks and the Internet) or to transmit information to other services can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. Adams-Blake Company, Inc. is not in any way responsible for any such interference with or prevention of your use of or access to the Service.
Fees
Adams-Blake Company, Inc. will charge the credit card you designate for Adams-Blake Company, Inc.'s monthly fees for the service. Adams-Blake Company, Inc. will also charge you for any sales, use or other taxes applicable to the Service. Adams-Blake Company, Inc. may change the schedule of fees or the terms of this Agreement from time to time. Adams-Blake Company, Inc. will post the revised fees and/or Agreement on our Web site. You will be notified of any change in monthly fees at least 30 days in advance of the effective date. If a fee increase or change to this Agreement is not acceptable, you may cancel the Service as provided below prior to the time when it takes effect. Continuing to use the Service constitutes your agreement to all changes.
If Adams-Blake Company, Inc. cannot collect its fees due to credit limits on your credit card or any other reason, you must pay the amount due immediately upon demand, plus Adams-Blake Company, Inc.'s exceptions processing fees, plus any bank fees or charges for return items, plus interest at the lesser of 18% annually or the maximum allowed by law, plus attorney's fees and other costs of collection as allowed by law. In addition, we may terminate this Agreement, discontinue the Service and avail ourselves of any other available remedy. We may make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Customer Support
Adams-Blake Company, Inc. provides customer support to help you use the Service correctly. Telephone support is not available. Adams-Blake Company, Inc. provides free customer support by e-mail.
No Implied Warranty
While great care has been taken to assure the accurace of all calculations in all reports prepared by the service, Adams-Blake Company, Inc. does not warrant to you the accuracy of said calculations on the reports prepared using the Service. Adams-Blake Company, Inc. will not pay any assessments, penalties or interest resulting from, among other things, your use of the Service. Adams-Blake Company, Inc. will endeavor to post on its Web site notices of corrections and updates to the Service and to notify you according to the contact information that you provide on the Web site, which you agree to update promptly with all changes.
The Service is provided "as-is" and, to the maximum extent permitted by applicable law, Adams-Blake Company, Inc. and its licensors, distributors, advertisers, dealers and suppliers disclaim all other warranties, express or implied regarding the Service and its related materials, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. Adams-Blake Company, Inc. does not warrant that the Service is completely secure or is free from bugs, interruptions, errors, or other program limitations. Adams-Blake Company, Inc. does not warrant that its Web site, or the server that makes it available, is free of viruses or other harmful components. You (and not Adams-Blake Company, Inc.) assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
Limitation of Liability
The entire liability of Adams-Blake Company, Inc. and its licensors, distributors, advertisers, dealers or suppliers shall be limited to the aggregate amount of service fees paid by you to Adams-Blake Company, Inc. during the twelve (12) months immediately preceding the date on which any claim accrued. To the maximum extent permitted by applicable law, Adams-Blake Company, Inc. and its licensors, distributors, advertisers, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, less of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if such person has been advised of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Adams-Blake Company, Inc. and its agents, licensors, distributors, advertisers, dealers and suppliers are not liable for any loss, erasure or corruption of or unauthorized access to any data or other information transmitted, processed or stored via the Service. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The limitations of damages and liability set forth in this Agreement are fundamental elements of the basis of the bargain between Adams-Blake Company, Inc. and you. You acknowledge and agree that Adams-Blake Company, Inc. would not be able to provide the Service on an economic basis without such limitations.
Termination
Either you or Adams-Blake Company, Inc. may terminate this Agreement for any reason or no reason by giving notice in accordance with the information then on the Web site, effective immediately. Reasons why Adams-Blake Company, Inc. may terminate this Agreement include, without limitation: (1) you fail to provide and update credit card information that enables Adams-Blake Company, Inc. to collect its fees; (2) any information you give us is false, misleading or incomplete; or (3) you engage in conduct which, in Adams-Blake Company, Inc.'s judgment, interferes with the operation or use of the Service (e.g., excessive use of the Service which disrupts the use of the Service by other users).
Upon termination, you will pay all outstanding amounts owed to Adams-Blake Company, Inc.. Service fees paid to Adams-Blake Company, Inc. are not refundable upon termination. The "Limited Warranty," "Limitation of Liability" and "Governing Law; Dispute Resolution" sections of this Agreement survive termination.
Governing Law; Dispute Resolution
This Agreement will be subject to and construed in accordance with the laws of the State of California and jurisdiction shall rest with applicable California courts. The parties agree and hereby irrevocably submit any suit, action or proceeding arising out of or related to this Agreement or any of the transactions contemplated by this Agreement to the jurisdiction and venue of the United States District Court for the Northern District of California or the jurisdiction and venue of any court located in Sacramento County, California and waive any and all objections to jurisdiction and venue, unless the parties mediate or arbitrate their dispute as provided below. No action arising under or in connection with this Agreement, regardless of form, may be brought more than one (1) year after the cause of action accrued. The parties hereby agree to opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state.
Miscellaneous
This Agreement, including related content on Adams-Blake Company, Inc.'s Web site, such as the introductory and sign-up pages, which are incorporated by this reference, sets forth Adams-Blake Company, Inc.'s entire liability and your exclusive remedy with respect to the Service, and is a complete statement of the agreement between you and Adams-Blake Company, Inc.. Adams-Blake Company, Inc.'s employees are not authorized to make modifications to this Agreement, or to make any additional representations, commitments or warranties binding on Adams-Blake Company, Inc., except in a writing signed by an authorized officer of Adams-Blake Company, Inc..
If any term, warranty, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such term, warranty, or provision will be struck from this Agreement, and the balance of the Agreement will remain in full force and effect. Failure by either party to exercise any right to require performance under this Agreement will not be construed as a waiver of any subsequent right to require performance or to claim of breach of contract. Except as otherwise provided herein, the rights and remedies provided for in this Agreement are not exclusive, and both you and Adams-Blake Company, Inc. retain all rights and remedies now or hereafter provided by law in addition to those provided for in this Agreement. If any court, mediation or arbitration action is brought by either Adams-Blake Company, Inc. or you to enforce any provision of this Agreement, the prevailing party in such action will be entitled to recover both attorneys' fees and costs from the other party. If the parties agree to settle their claims against each other, each party will be responsible for its own attorneys' fees and costs.
This Service Agreement is a legal agreement between you and Adams-Blake Company, Inc.. In this Agreement, "you" refers to the person or company who is using the Adams-Blake Company, Inc. JAYA123 service. The service provided by Adams-Blake Company, Inc. and purchased by you is referred to in this Agreement as the "Service." This Agreement includes related content on Adams-Blake Company, Inc.'s Web site, such as the introductory and sign-up pages, which are incorporated by this reference. Adams-Blake Company, Inc. may decline to initiate the Service for you or any of your employees, contractors, or affiliates in our sole discretion.
Permitted Uses and Restrictions on Use
The Service may only be used for its intended purpose of order entry, inventory mangaement, customer relation management, and elementary bookeeping. You may not use the Service on a professional basis for anyone other than you. Notwithstanding anything in this Agreement, Adams-Blake Company, Inc. has no responsibility or liability for damages or claims relating to any use of the Service other than for its intended purposes. The Service does not include calculation of deductions or taxes to any jurisdiction, nor does it include calculation or reporting of penalties or interest on delinquent tax payments.
The Service does not include obtaining your access to the Internet for connecting to the Service. You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Service (e.g., the public telephone computer networks and the Internet) or to transmit information to other services can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. Adams-Blake Company, Inc. is not in any way responsible for any such interference with or prevention of your use of or access to the Service.
Fees
Adams-Blake Company, Inc. will charge the credit card you designate for Adams-Blake Company, Inc.'s monthly fees for the service. Adams-Blake Company, Inc. will also charge you for any sales, use or other taxes applicable to the Service. Adams-Blake Company, Inc. may change the schedule of fees or the terms of this Agreement from time to time. Adams-Blake Company, Inc. will post the revised fees and/or Agreement on our Web site. You will be notified of any change in monthly fees at least 30 days in advance of the effective date. If a fee increase or change to this Agreement is not acceptable, you may cancel the Service as provided below prior to the time when it takes effect. Continuing to use the Service constitutes your agreement to all changes.
If Adams-Blake Company, Inc. cannot collect its fees due to credit limits on your credit card or any other reason, you must pay the amount due immediately upon demand, plus Adams-Blake Company, Inc.'s exceptions processing fees, plus any bank fees or charges for return items, plus interest at the lesser of 18% annually or the maximum allowed by law, plus attorney's fees and other costs of collection as allowed by law. In addition, we may terminate this Agreement, discontinue the Service and avail ourselves of any other available remedy. We may make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Customer Support
Adams-Blake Company, Inc. provides customer support to help you use the Service correctly. Telephone support is not available. Adams-Blake Company, Inc. provides free customer support by e-mail.
No Implied Warranty
While great care has been taken to assure the accurace of all calculations in all reports prepared by the service, Adams-Blake Company, Inc. does not warrant to you the accuracy of said calculations on the reports prepared using the Service. Adams-Blake Company, Inc. will not pay any assessments, penalties or interest resulting from, among other things, your use of the Service. Adams-Blake Company, Inc. will endeavor to post on its Web site notices of corrections and updates to the Service and to notify you according to the contact information that you provide on the Web site, which you agree to update promptly with all changes.
The Service is provided "as-is" and, to the maximum extent permitted by applicable law, Adams-Blake Company, Inc. and its licensors, distributors, advertisers, dealers and suppliers disclaim all other warranties, express or implied regarding the Service and its related materials, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. Adams-Blake Company, Inc. does not warrant that the Service is completely secure or is free from bugs, interruptions, errors, or other program limitations. Adams-Blake Company, Inc. does not warrant that its Web site, or the server that makes it available, is free of viruses or other harmful components. You (and not Adams-Blake Company, Inc.) assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
Limitation of Liability
The entire liability of Adams-Blake Company, Inc. and its licensors, distributors, advertisers, dealers or suppliers shall be limited to the aggregate amount of service fees paid by you to Adams-Blake Company, Inc. during the twelve (12) months immediately preceding the date on which any claim accrued. To the maximum extent permitted by applicable law, Adams-Blake Company, Inc. and its licensors, distributors, advertisers, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, less of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if such person has been advised of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Adams-Blake Company, Inc. and its agents, licensors, distributors, advertisers, dealers and suppliers are not liable for any loss, erasure or corruption of or unauthorized access to any data or other information transmitted, processed or stored via the Service. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The limitations of damages and liability set forth in this Agreement are fundamental elements of the basis of the bargain between Adams-Blake Company, Inc. and you. You acknowledge and agree that Adams-Blake Company, Inc. would not be able to provide the Service on an economic basis without such limitations.
Termination
Either you or Adams-Blake Company, Inc. may terminate this Agreement for any reason or no reason by giving notice in accordance with the information then on the Web site, effective immediately. Reasons why Adams-Blake Company, Inc. may terminate this Agreement include, without limitation: (1) you fail to provide and update credit card information that enables Adams-Blake Company, Inc. to collect its fees; (2) any information you give us is false, misleading or incomplete; or (3) you engage in conduct which, in Adams-Blake Company, Inc.'s judgment, interferes with the operation or use of the Service (e.g., excessive use of the Service which disrupts the use of the Service by other users).
Upon termination, you will pay all outstanding amounts owed to Adams-Blake Company, Inc.. Service fees paid to Adams-Blake Company, Inc. are not refundable upon termination. The "Limited Warranty," "Limitation of Liability" and "Governing Law; Dispute Resolution" sections of this Agreement survive termination.
Governing Law; Dispute Resolution
This Agreement will be subject to and construed in accordance with the laws of the State of California and jurisdiction shall rest with applicable California courts. The parties agree and hereby irrevocably submit any suit, action or proceeding arising out of or related to this Agreement or any of the transactions contemplated by this Agreement to the jurisdiction and venue of the United States District Court for the Northern District of California or the jurisdiction and venue of any court located in Sacramento County, California and waive any and all objections to jurisdiction and venue, unless the parties mediate or arbitrate their dispute as provided below. No action arising under or in connection with this Agreement, regardless of form, may be brought more than one (1) year after the cause of action accrued. The parties hereby agree to opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state.
Miscellaneous
This Agreement, including related content on Adams-Blake Company, Inc.'s Web site, such as the introductory and sign-up pages, which are incorporated by this reference, sets forth Adams-Blake Company, Inc.'s entire liability and your exclusive remedy with respect to the Service, and is a complete statement of the agreement between you and Adams-Blake Company, Inc.. Adams-Blake Company, Inc.'s employees are not authorized to make modifications to this Agreement, or to make any additional representations, commitments or warranties binding on Adams-Blake Company, Inc., except in a writing signed by an authorized officer of Adams-Blake Company, Inc..
If any term, warranty, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such term, warranty, or provision will be struck from this Agreement, and the balance of the Agreement will remain in full force and effect. Failure by either party to exercise any right to require performance under this Agreement will not be construed as a waiver of any subsequent right to require performance or to claim of breach of contract. Except as otherwise provided herein, the rights and remedies provided for in this Agreement are not exclusive, and both you and Adams-Blake Company, Inc. retain all rights and remedies now or hereafter provided by law in addition to those provided for in this Agreement. If any court, mediation or arbitration action is brought by either Adams-Blake Company, Inc. or you to enforce any provision of this Agreement, the prevailing party in such action will be entitled to recover both attorneys' fees and costs from the other party. If the parties agree to settle their claims against each other, each party will be responsible for its own attorneys' fees and costs.