The https://www.jpi.com website, and any other website on which these Terms of Service appear (the “Websites”), and any software, mobile applications, products, devices or other services offered by TDI Administrative Services and its affiliated companies (collectively, “JPI”) from time to time and other services offered through third parties integrating JPI, and its other legal entities, functionality (collectively, “Services”), are made available by JPI. You may access and utilize the Websites and Services only under the following terms and conditions (“Terms of Service”).
These Terms of Service apply to all users of all JPI Services, which includes, but is not limited to, Websites, Data, Servers and other related Services. By using the Websites and Services you signify your acceptance of these Terms of Service, JPI’s Privacy Notice, and JPI’s Copyright Policy, which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.
To the extent that your use of the Services is governed by a Master Services Agreement, the Master Services Agreement shall control in the event of conflict with these terms.
Website Limited License
As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. JPI may terminate this license at any time for any reason. To the extent use of the Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Services.
Limitations On and Scope of Use
Any unauthorized use of the Websites and Services is prohibited. You may not use the Services to:
Intellectual Property Rights
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Rogers-O’Brien Construction, the JPI logo, and all other JPI trademarks, service marks, product names, and trade names of JPI appearing on or in conjunction with the Websites and Services are owned by JPI. JPI does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without JPI’s prior written consent.
Linking to the Websites and Services
You may provide links to the Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Services and (ii) you discontinue providing links to the Services if requested by JPI.
License of Your Content to JPI
By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Services (other than on https://www.jpi.com or on the mobile applications), you grant (or warrant that the owner of such rights has expressly granted) JPI a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against JPI for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to JPI.
Copyright Notices & Complaints
It is JPI’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information about JPI’s DMCA procedures, please see our Copyright Policy. Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. JPI may terminate any user’s access to the Websites or Services if JPI determines that user is a “repeat infringer.”
Relationship of JPI and You
You are an independent third party to the Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and JPI.
You shall not distribute on or through the Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform JPI of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing JPI applications. You may request to unsubscribe by following the directions in such updates and JPI will permanently remove you from JPI’s registered list of subscribers.
Postings in Interactive Areas
If you participate in interactive areas on the Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. JPI may delete your postings at any time for any reason without notification of or permission from you, however, JPI has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But JPI does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
Receipt of Payments
Errors and Corrections
JPI does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. JPI does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. JPI may make improvements and/or changes to its features or functionality at any time.
Third-Party Content and Links
THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. JPI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JPI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE SERVICES, (E) YOUR USE OF THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
LIMITATION OF LIABILITY
JPI SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. JPI SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
You agree to indemnify, defend and hold JPI, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.
These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of Texas, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in Dallas, TX.
Your use of these Services is subject to these Terms of Service and JPI’s Privacy Notice.
Severability of Provisions
These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Notice, or the Copyright Policy, and constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Modifications to Terms of Service
JPI may, in its sole discretion, modify or revise these Terms of Service, including without limitation JPI’s Privacy Notice, at any time by posting the amended terms on the Websites or otherwise linking to them in the Services. JPI’s will post a notice on the Websites and Services that the Terms of Services and/or Privacy Notice have been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.
Reporting Claims of Copyright Infringement
JPI takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites or Services infringe your copyright, you may request removal of those materials (or access to them) from the Websites or Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
DMCA Notices may be sent to our designated Copyright Agent at:
600 E Las Colinas Blvd #1800
Irving TX 75039
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Websites or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
In appropriate circumstances, JPI will disable and/or terminate the accounts of users who are repeat infringers.