Terms of Service – TJI Research

Terms of Service Agreement
Date of last revision: July 27, 2020

This terms of service agreement (“Agreement”) is between TJI Research LLC, a Delaware limited liability company (“we,” “us,” “our,” or “ourselves”) and the person or entity (“you” or “your”) that has decided to use our services; any of our websites or apps; or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Services”).

By using the Services in any way, you agree to be bound by this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at https://this.just.in/privacy and incorporated by reference herein, do not use the Services.

The terms of this Agreement are subject to change at any time. It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes.

I. Description of the Services

TJI Research LLC provides news, analysis, and research on our website and via email. We intend to provide some Services free of charge, some Services to persons who sign up for a newsletter, and some Services only to paid subscribers who have paid for a particular service.

II. Your Use of the Services

A. Your Representations and Eligibility to Use Services

By registering and using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are at least 18 years old, or 13 years or older and have the express permission of your parent or guardian to use the Services; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.

B. Truthfulness of Information

You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.

C. Payment Details

We intend to provide annual or monthly subscriptions, with the details related to each type of subscription provided for you when you subscribe. Please note that if you subscribe to a monthly or annual newsletter, that you will not receive any notice of upcoming payment, but will only receive an invoice after a payment has been charged to your account. Monthly subscriptions will be charged on the day of the month on which the user signed up initially, in each subsequent month, as long as the subscription is active. Yearly subscriptions will be charged on the month and day on which the user signed up initially as long as the subscription is active. You may cancel your subscription at any time by providing us notice. If you do not provide a final date to terminate your subscription, we will terminate it immediately upon processing your cancellation notice.

D. No Refunds

We do not provide refunds for any Services or corresponding subscriptions for any reason. If you cancel a subscription prior to the subscription period ending, you will not receive a pro-rated refund for any remaining time left in the subscription.

E. Limited Use of Services

The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.

You agree that our Services contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws.
Our ownership extends to all content, features, and functionality on the website or app, and in our communications, that is protected or protectable under the law.
You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
In no way should your use of the Services be construed to diminish our intellectual property rights or be construed as a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.

F. Permitted Activities

You may engage in the following activities:

You may occasionally forward, unedited and in their entirety, emails we send to you. Excessive forwarding may result in termination of access to the Services. To order multiple subscriptions with a group discount, please contact us at mail@this.just.in.
You may reproduce reasonable excerpts from the Services so long as the use does not exceed 25% of the content on that particular page, email, or communication. For our content you use, you must clearly denote that the content is from TJI Research LLC, provide the web address it was taken from (if applicable), and specifically mark what content is ours (most often by using quotation marks around that content).
You may view, download, and print pages from the Services for your own personal use, subject to the restrictions in this Agreement.

G. Prohibited Activities

You shall not engage in the following activities:

No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way.
Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same;
Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
Access another’s account without permission of us or that person;
Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
Spam any comments section with offers of goods and services, or inappropriate messages;
Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services;
Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; and
Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person’s personal information without that person’s permission.

III. Disclaimers, Waivers, and Indemnification

A. Appropriateness of Use

The content provided by the Services is for informational purposes only. TJI Research is not an investment advisor. Furthermore, TJI Research never has and never does express any opinion, or make any recommendations, about the short or long-term prospects or fluctuations of the securities of any company. The purpose of the Services is to provide market research on e-commerce, media, and marketplace companies, and their various products and services. What implications that may have for the securities of any company, or the stock market itself, is for others to decide. We express no opinion on the matter. You understand that you must rely on your judgment for your investment decisions. By using the Services, you agree not to hold us liable for any of your investment decisions, or any losses you may suffer as a result of those decisions, regardless of whether your investment decision may have been based in part on information you read when using the Services.

B. Disclaimer of Warranties

All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not make any warranty that access to the Services will be uninterrupted or secure, or that content will be complete, error free, reliable, correct, or meet your particular requirements. Our opinions and content may evolve or change completely based on new information or no information. Such changes may be material. We reserve the right to update our site or change our opinions, material or content, with or without notice.

C. Waiver of Liability

You waive any liability of or claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Services. You waive any claim or liability stemming from our negligence.

Where our Services incorporate or utilize any information, software, or content of a third party, you waive any liability or claim against us based upon that information, software, or content—including based upon the negligence of that third party.

D. Scope of Waiver

You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed. This includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “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.”

E. Scope of Waiver; California notices

The following notice is for California users:

Pursuant to California Civil Code Section 1789.3:

If you have a question or complaint about us, our products, or our Services please contact us at mail@this.just.in. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

F. Indemnification

If we are subject to a complaint, a demand, mediation, arbitration, litigation, or other pursuit based upon your conduct relating to or from use of our Services, you agree to indemnify us for all costs, expenses, and fees (including attorneys’ fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, your violation of this Agreement; your use of the Services and any consequent that produces; your use of intellectual property on or through the Services; and, any such actions performed by your agent or representative, or at your direction. You agree to indemnify us as soon as we incur the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.

IV. Limitation of Services and Termination

A. Right to Remove Content

We reserve an unrestricted right to remove content at any time without advanced notice.

B. Right and Grounds to Terminate Access

To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your application to, account with, or access to the Services at any time, with or without cause. You acknowledge here that you have no right to use of the Services should we terminate or suspend your account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):

You violating any of the provisions of this Agreement;
You hindering or interfering with us in providing our Services;
You making misrepresentations, lying, or deceiving us; and,
You using the Services in violation of: any international, federal, state, or local law; or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.

C. No Right to Services or Content

You neither possess nor retain any ownership of or rights to the Services, regardless of who generated the content. Upon termination, you have no right to access, retain, or have returned any such information.

D. Grant of License to User-Generated Content

You hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, publish, translate and distribute any content that you submit in any form to our Services in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

E. Survival

After termination, we retain all rights to content as specified in this Agreement. Sections II—V of this Agreement survive after termination.

V. General Provisions

A. DMCA Violations

If you believe any of our content infringes on your copyright, you may request removal by contacting the following address: mail@this.just.in. We will respond to all requests promptly and to the best of our ability.

B. Successors and Assignees

We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement.

You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.

C. Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that, by agreeing to arbitration, you are foregoing your access to a trial by jury.

D. Limitation of Liability

To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages. In no event shall our liability under this Agreement exceed the total amount of money paid to us by you under any subscription or fees for our Services.

E. Governing Law and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. You agree to waive the following defenses to any action brought in Colorado: forum non conveniens and lack of personal jurisdiction.

F. Waiver

If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.

G. Severability

If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.

H. Understanding of Agreement

You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.

I. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between us, and supersedes all prior agreements, representations, and understandings, oral or written, between us. We may change this Agreement at any time. Please check back regularly for updates to this Agreement.