Terms of Service
Thank you for using JCS. By using JCS Products, you agree to these Terms of Service, which is a legal agreement. If you are using JCS Products for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites, JCS Products and JCS Services.
When we say, “JCS”, “we,” “our,” or “us,” we’re referring to JCS Consulting Group, Inc., a California “C” corporation, our employees, directors, officers, affiliates, and subsidiaries. Our headquarters are located at 444 S Cedros Ave, Suite 189 , Solana Beach , CA, 92075
When we say “you” or “your,” we are referring to the person or entity that’s using JCS products and/or services.
When we say “Websites,” or "Our Sites," we mean our websites located at https://www.jcsconsulting.com/, https://jcsconsulting.jiveon.com/welcome, and any of our other websites, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” or "JCS Services," we mean (a) our Websites, (b) our Application Programming Interfaces (APIs), (c) our software applications, (d) your use of our proprietary software products and intellectual property, (e) our content, (f) any custom systems design or programming that we may have performed for you, (g) any system upgrade, data migration or data manipulation we perform or have performed for you (h) any connections we have created, modified or installed between any systems for you (including cloud to cloud and cloud to data center) and ( i ) various third-party services that make up JCS.
When we say “JCS Products,” we mean our Websites and Services collectively.
When we say “Derivative Community Content” we mean content which has been posted to one of our Websites which incorporates information posted by one or more users which has been combined into a collective work which may contain information originally posted by several users. This means another user may copy all or a portion of one or more of Your Posts and incorporate it within something they are posting, thus creating Derivative Community Content.
When we say "Statement of Work," or "SOW," we mean a written agreement between you and JCS that documents work that we will perform for you. The SOW will typically define the work, when it will start, how long we estimate it will take, how much you will pay us and other terms. A SOW may also act as a Pricing Schedule or License Order (see our JCS EULA (End User License Agreement) for the definition of a Pricing Schedule and License Order).
2. General Rules
To use Our Sites, you must (a) be at least thirteen (13) years of age; (b) complete any registration process required by any of our Websites; (c) provide current and accurate information; (d) agree to our Terms; (e) agree that you alone are responsible for of Your Posts and your activities on JCS Products and (f) You will not use JCS Products to upload, transmit, or otherwise distribute any objectionable content on or through Our Websites, as solely determined by us.
You will use JCS Products in compliance with all applicable laws, rules, and regulations.
You will not use JCS Products to solicit the performance of any activity which infringes our rights or the rights of others or which would be advocate the violation of any applicable laws, rules or regulations.
If you break any of your promises above or any of the rules in the Terms, we may terminate your access to JCS Products. Your actions may also subject you to legal consequences.
As long as you comply with the Terms, we grant you a non-exclusive, non-transferable, limited privilege to use JCS Products. Your acknowledge and agree that your use of JCS Products is at your own risk and that we may revoke your access rights for any reason or no reason with or without notice.
3. Intellectual Property
You own Your Posts. We do not represent any ownership or claim any intellectual property rights over Your Posts made to Our Sites.
If Your Posts are made to Our Sites you grant us and other users of Our Sites a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to distribute Your Posts and to incorporate them in whole or in part in Derivative Community Content. You understand that many of Our Sites are intended to be collaborative websites where people gather to exchange and share information and that any or all of Your Posts may become part of this collaborative effort. You can delete any of Your Posts at any time but you understand and agree that other users of Our Sites may have created Derivative Community Content incorporating Your Posts during the time Your Posts were visible before you deleted it.
You do not have the right to delete, alter or modify any Derivative Community Content that was created by another user. Further, you grant us and other users of Our Sites the right to use Derivative Community Content incorporating Your Posts in any way and for any purpose including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit or otherwise communicate to the public by any means whether now known or unknown and to distribute Derivative Community Content without any notice or compensation to you of any kind. You specifically waive any moral rights of paternity, publication, reputation or attribution with respect to Derivative Community Content.
We own JCS Products and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of JCS Products, our Services, or our content on JCS Websites without our written permission.
You grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into JCS Products or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
4. Passwords and Accounts
You are responsible for keeping your account name(s) and password(s) confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to shared, lost, stolen or hacked passwords.
Within Our Sites you will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf. You agree to provide that written proof to us if we reasonably request it.
5. Payment Terms
All fees (if any) are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.
You agree to pay us according to the terms of any Pricing Schedule, Master Service Agreement, Statement Of Work or similar agreement that has been executed between you and JCS.
If you are on a periodic payment plan with us (for instance monthly or quarterly) a valid credit card is required for you to continue using the Services on a periodic basis. JCS Services periodic services are billed in advance at the beginning of the period and is non-refundable. There will be no refunds or credits for partial months or quarters, for account upgrades or downgrades, or for months unused with an open account. Periodic accounts will automatically renew on the first day of each period.
We reserve the right to change periodic service fees. If you are on a monthly plan we will provide at least thirty (30) days notice and if you are on a quarterly plan we will provide at least ninety (90) days notice. Such notice may be provided at any time by us posting the changes to JCS Websites or by email.
6. Cancellation and Termination
If you have an agreement with us that includes automatic renewal you are solely responsible for the proper cancellation of your account. You may cancel your account at by sending an email to firstname.lastname@example.org containing your account information and stating that you wish to cancel. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation or termination your account will be immediately disabled and you will lose access to the account including the right to delete Your Posts. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
7. API Terms
You may access some JCS Services using our API (Application Programming Interface) calls. Any use of API calls, including use of our API through a third-party product that accesses JCS Services, is bound by these Terms.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of our API or third-party products that access your data via our API.
Abuse or excessively frequent requests to JCS Products via our APIs may result in the temporary or permanent suspension of your access to our API. We may, at our sole discretion, determine abuse or excessive usage of our API. We reserve the right at any time to modify, throttle or discontinue, temporarily or permanently, your access to our API (or any part thereof) with or without notice.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of JCS Services.
9. Representations and Warranties
To the maximum extent permitted by law, we provide JCS Services on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (a) JCS Services will meet your specific requirements, (b) JCS Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of JCS Services will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through JCS Services will meet your expectations, and (e) any errors in JCS Services will be corrected.
10. Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, failures and conduct of any third parties related to your use of JCS Services and any linked sites and services. Your sole remedy against us for dissatisfaction with JCS Services is to stop using JCS Services. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Our Websites or any JCS Services, our liability shall not exceed what you paid us for the JCS Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
11. Governing Law; Dispute Resolution
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of JCS Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
12. Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary to comply with the original intent, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
15. No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
Unless we have signed one or more separate agreements such as a JCS EULA (End User License Agreement), a Master Services Agreement, a Statements of Work or similar agreement with you that explicitly supersede these Terms, these Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of JCS Products, superseding any prior versions of the Terms of Service. You agree that other agreements that you have signed with us may incorporate these Terms and all documents incorporated into these Terms by reference.
17. Amendments and Changes to JCS Services
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance JCS Services shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of JCS Services following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Our Websites, or any portion of Our Websites for any reason; (2) to modify or change Our Websites, or any portion of Our Websites, and any applicable policies or terms; and (3) to interrupt the operation of Our Websites, or any portion of Our Websites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
18. Your Personal Information
If you have any questions or concerns about the Terms, please email us at email@example.com.