Jackpocket Solitaire Terms of Service

Last Modified: August 3, 2023

THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, INCLUDING THE BINDING ARBITRATION CLAUSE IN SECTION 8, BEFORE DOWNLOADING, ACCESSING, OR USING THE APPLICATION.

These terms and conditions ("Terms of Service") govern your use of the Jackpocket Solitaire Mobile Application (the “Application”) as provided by Jackpocket, Inc. ("Jackpocket," the "Company," "We" or "Us"). These Terms of Service are a binding legal agreement between you and Jackpocket. Jackpocket may change these Terms of Service at any time without notice to you by posting the revised Terms of Service with the date they were revised.

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY, DO NOT DOWNLOAD, ACCESS, OR USE THE APPLICATION.

1. User Agreement

By downloading, accessing, or using the Application, you hereby acknowledge that you have read and agree to be bound to and abide by these Terms of Service and the Jackpocket Solitaire Application Privacy Policy, available at jackpocket.com/tos/solitaire-privacy-policy, and agree that Jackpocket may collect, process, store, and disclose your information consistent with such policy. If you do not wish to be bound by these Terms of Service, you must not download, access, or use the Application. By declining to accept these Terms of Service, you will be unable to download, access, or use the Application.

We reserve the right to change these Terms of Service at any time without prior notice to you. If we make what we determine to be material changes to these Terms of Service, we will notify you by prominently posting a notice. Your continued use of the Application following such material changes constitutes your affirmative consent to the changes. If you do not agree to the changes, your sole remedy is to cease using the Application and provide written notice of the same to gamesupport@jackpocket.com. You are expected to check this page each time you access the Application so you are aware of any changes, as they are binding on you.

BY DOWNLOADING, ACCESSING OR USING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, TO ABIDE BY ALL OF THESE TERMS OF SERVICE, AND THAT YOU ARE NOT PROHIBITED OR RESTRICTED FROM ACCESSING OR USING THE APPLICATION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO ACCESS OR USE THE APPLICATION AND NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH JACKPOCKET SHALL HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES. JACKPOCKET RESERVES THE RIGHT TO DENY ACCESS TO THE APPLICATION TO ANYONE AT ITS SOLE DISCRETION.

2. Limited License to the Jackpocket Application

1. License Grant. The Application and its contents, features and functionality, including but not limited to, all information, products, services, text, displays, graphics, video, audio and software as well as the design, selection and arrangement thereof (collectively, "Content"), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to these Terms of Service, the Company grants you a limited, non-exclusive and nontransferable license to download, install and use the Jackpocket Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with these Terms of Service.

2. License Restrictions. You acknowledge and agree that you shall not:

1. Copy the Application, except as expressly permitted by this license;

2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application or any of the Content on the Application;

3. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

4. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application or Content, including any copy thereof;

5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;

6. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application or the Content thereon;

7. Use the Application or the Content in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling;

8. Export or re-export the Application or any copy of it in violation of any applicable laws or regulations, including applicable United States export control regulations regarding U.S. embargoed countries or denied persons;

9. Use the Application or Content in violation of these Terms of Service or applicable law; and

10. Advocate, encourage, or assist any third party in doing any of the foregoing.

Any such conduct may result in the immediate termination of your limited right and license to use the Application, and may subject you to liability for violations of law.

3. Reservation of Rights. You further acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms of Service, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms of Service. The Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.

4. From time to time, the Company may in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either (i) the Application will automatically download and install all available Updates or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the Application or portions thereof may not properly operate should you fail to promptly download and install all Updates. You further agree that all Updates will be deemed part of the Application and be subject to these Terms of Service.

5. Mobile Device and Service Charges. Certain features of the Application require communication with the Company's servers, including, without limitation, Application downloads and Updates, which may consume and exceed your service provider's data or minute allowance limits. You acknowledge and agree that you are solely responsible for any charges incurred with your data/mobile service provider as a result of the Application, including any overage and penalties assessed for exceeding the limits imposed by your service provider. You are responsible for the cost of your Mobile Device and to ensure that your Mobile Device meets the system requirements of the Application, including obtaining periodic updates or upgrades from your Mobile Device service provider to continue using the Application. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION WILL BE COMPATIBLE OR FUNCTION WITH ANY PARTICULAR MOBILE DEVICE, NOR DOES THE COMPANY WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF THE MOBILE DEVICE USED TO ACCESS THE APPLICATION.

6. Term and Termination. The term of your limited license to the Application commences when you download the Application and accept these Terms of Service and will continue in effect until the earlier of (i) your deletion of the Application from your Mobile Device or (ii) the Company's suspension or termination of your limited license to the Application. Upon termination (i) all rights granted to you under these Terms of Service will also terminate and (ii) you must cease all use and delete all copies of the Application from your Mobile Device. Termination of your limited license will not limit any of the Company's rights or remedies at law or in equity.

3. Intellectual Property Rights

Copyright Information and Non-Commercial Use Limitation. The Application and its Content are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.

4. Use Prohibitions

You agree to access and use this Application only for lawful reasons. You are responsible for your use of the Application and for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of this Application. You are prohibited from using this Application in a way that:

Is threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Jackpocket deems in its sole discretion to be inappropriate for this Application or that seeks to interfere with other user's use or enjoyment of the Application;
Violates any law, regulation, or court order;
Accesses, collects or stores personal information about others;
Violates or infringes upon the rights of anyone else, including, for example, another person's right to privacy;
Impersonates any person, business, entity, or IP address (e.g., IP spoofing);
Involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
Is commercial in nature, including, without limitation and for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages, or for your own research and/or development;
Gains or tries to gain unauthorized access to this Application, its computers and networks, or its data, or that otherwise modifies or interferes with the use or operation of this Application;
Imposes an unreasonable or disproportionately large load on Jackpocket's infrastructure, including but not limited to automating scripts for Account creation, transmitting spam or using unsolicited mass emailing techniques;
Alters, damages, or deletes any content posted on this Application;
Contains or introduces computer viruses or other disruptive, damaging or harmful files or programs;
Otherwise violates these Terms of Service or any other guidelines or policies posted on this Application, including the Privacy Policy, which is incorporated by this reference into these Terms of Service; or
Advocate, encourage, or assist any third party in doing any of the foregoing.

Jackpocket will cooperate fully with any law enforcement officials and/or governmental agencies if requested or required in the investigation of any users who violate these Terms of Service and may disclose your information to such law enforcement officials and/or agencies if required by law.

5. Comments and Other User Submissions/Use of Information

While Jackpocket does not claim ownership of any comments or suggestions that you may submit to Jackpocket, by submitting a comment or suggestion or any other material to this Application, you hereby authorize and grant Jackpocket the non-exclusive right and license to use, display, reproduce, modify and distribute the comment, suggestion or material in whole or in part, anywhere in perpetuity in any and all media outlets, whether alone or together, or as part of any material of any kind or nature. Without limiting any of the foregoing, Jackpocket will have the non-exclusive right and license to use, copy, edit, display, perform, distribute, modify and re-format the comment, suggestion or material in any manner that Jackpocket may determine. You waive any claims to compensation for any such right or license. By submitting a comment, suggestion or material, you represent and warrant to Jackpocket that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain, and that such comments, suggestions or materials do not infringe upon any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You should note that by uploading a name or nickname on the Application, you grant Jackpocket the non-exclusive right and license to use your such name and/or nickname in connection with the Application. For example, we will display your name or nickname on the leaderboard.

6. Coins

The Application may provide you with the option to license a variety of Coins such as virtual currency, virtual goods, additional levels, and content packs (“Coins”) that can be used for game play.

COINS CANNOT BE EXCHANGED FOR CASH OR ANY OTHER TANGIBLE VALUE.

You agree you have no property interest in any Coins. Any obtaining of Coins, earned through game play, are receipts of a limited, personal, non-transferable, non-sublicensable, revocable license to use those Coins within the Application. Coins may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Coins may not be purchased or sold from any individual or other company via cash, barter, or any other transaction. Coins have no monetary value, and cannot be used to purchase or use products or services other than within the Application. Initiation and/or effectuation of any transfer of Coins between user accounts for consideration exchanged outside the Application is a breach of this Agreement, and your access to the Application may be immediately suspended or terminated at Jackpocket’s discretion, among other things. Further, acceptance by you of any Coins exchanged during such a transaction constitutes both: (i) a breach of these Terms of Service; and (ii) use of the received Coins without any license to the Coins. Jackpocket may manage, regulate, control, modify, or eliminate your Coins in our sole discretion, and Jackpocket will have no liability to you or anyone else for exercising these rights. In addition, all Coins are unconditionally forfeited if your access to the Application is terminated or suspended for any reason, in Jackpocket’s sole discretion, or if the Application is discontinued. Jackpocket has no liability at all to you or anyone else for loss of your Coins for any reason, including hacking. Jackpocket reserves the right, without prior notification, to limit the order quantity on any Virtual Item and/or to refuse to provide you with any Coins. Prices and availability of Coins are subject to change without notice.

7. Disclaimers and Limitations of Liability

1. Disclaimer of Liability. Jackpocket is not liable for any direct, indirect, incidental, consequential, or punitive damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of your access to, use of, or inability to use, this Application or any material from this Application, including but not limited to damages caused by any failure of performance, interruption (including those disruptions described in Section 10 below), error, omission, deletion, defect, delay in operation or transmission, computer virus, security, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

2. Disclaimer of Warranty. Without limiting the foregoing, this Application and the material provided on this Application are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY CLAIMS FOR DAMAGES WILL BE LIMITED TO THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

3. Disclaimer of Accuracy of Data. Jackpocket makes no warranties or representations as to the accuracy, completeness or timeliness of the materials, or content provided on this Application and assumes no liability or responsibility for any errors or omissions on this Application. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any materials or content. This disclaimer applies to both isolated and aggregate uses of the materials or content. If you find any errors or omissions, we encourage you to report them to gamesupport@jackpocket.com.

By using this Application you hereby waive any claim against Jackpocket for, or in connection with, the receipt of erroneous information.

4. Disclaimer of Endorsement. Jackpocket may from time to time distribute content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect the opinion of Jackpocket and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by Jackpocket.

8. Dispute Resolution and Indemnity

Time Limit for Bringing Claims. YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE OR THE APPLICATON MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE OF THE ALLEGED EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, UNLESS OTHERWISE PROVIDED UNDER APPLICABLE LAW.
Resolving Disputes: PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Let's Try to Work Things Out. We want to address your concerns without litigation. Before filing a claim against Jackpocket, you agree to try to resolve the dispute informally by contacting gamesupport@jackpocket.com. If a dispute is not resolved within 45 days of submission, you or Jackpocket may bring a formal arbitration proceeding as described below.
We Both Agree to Arbitrate. You and Jackpocket agree to resolve through final and binding arbitration any claims relating to these Terms of Service or the Application, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in New York, New York, and you and Jackpocket agree to submit to the personal jurisdiction of any or state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the aware entered by the arbitrator.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to Jackpocket that must be postmarked within 30 days of your first acceptance of these Terms of Service. The letter must specify your first and last names, Account ID, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to Jackpocket Inc., Attn: Legal Department,145 West 45th St, Floor 12, New York, NY 10036.
Arbitration Procedures. The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5276 (referred to as the "JAMS Rules") and under the rules set forth in these Terms of Service. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.
Arbitration and Attorney's Fees. Jackpocket will pay all arbitration fees for claims less than $25,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless Jackpocket is otherwise specifically required to pay such fees under applicable law. For claims that total more than $25,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Jackpocket and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Jackpocket and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, Jackpocket and you agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Jackpocket and you understand that, absent this mandatory arbitration provision, Jackpocket and you would have the right to sue in court and have a jury trial. Jackpocket and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If Jackpocket is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Jackpocket.
Severability; Waiver of Jury Trial. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Jackpocket and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Jackpocket to the extent that any such claims arise out of your access to, and/or use of the Application.
Exceptions to Agreement to Arbitrate. Either you or Jackpocket may assert claims, if they qualify, in small claims court in New York, New York, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Application, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST JACKPOCKET AND ANY RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION IN ANY WAY.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Jackpocket agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, New York. Both you and Jackpocket consent to venue and personal jurisdiction there.
Choice of Law. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You otherwise agree that the law of the state of New York governs these Terms of Service and any claim or dispute that you may have against us, without regard to New York's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Indemnification. You agree to defend, indemnify and hold harmless Jackpocket from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, any use of the Application's Content and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Application. If you are obligated to provide indemnification hereunder, the Company may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without the Company's written consent. If you are obligated to provide indemnification hereunder, the Company may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.

9. General Terms

Internet Privacy and Security. Due to the design of the Internet, Jackpocket cannot guarantee that communications between you and Jackpocket will be free from unauthorized access by third parties or will be secure. By agreeing to these Terms of Service, you expressly agree that your use of this Application is at your sole risk, and you agree that Jackpocket shall not be liable if a security breach occurs, or if this Application malfunctions, except as required by law.
Electronic Signatures. The Electronic Signatures in Global and National Commerce Act, 15 USC 7001-7031 requires that you consent to entering into an electronic agreement with the Company before the agreement is executed and becomes effective. Should you enter into an online user agreement with the Company, you will not be required to submit a paper application/agreement. The entire agreement between you and the Company will be evidenced by an electronic record. You must agree to the use of an electronic record and agree to read and understand these Terms of Service. After downloading and installing the Application, you have the right to withdraw your consent to the use of an electronic record. However, should you do so, you will lose all rights to access and use the Application. Should you wish to withdraw your consent to the exclusive use of an electronic agreement, you must do so by deleting the Application from your Mobile Device and sending an e-mail to gamesupport@jackpocket.com. Your request must include your name, your mailing address, and e-mail address.
Reliance on Information Posted and Third Party Links. The information presented on or through the Application is made available solely for general information purposes. The Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application, or by anyone who may be informed of any of its contents. This Application may contain links to third party applications. These links are provided solely as a convenience to you. If you click on any of these links, you will leave this Application. Jackpocket does not control, and is not responsible for, any third party applications or their content. Therefore, Jackpocket does not endorse or make any representations about third party applications, or any information, products, or materials found there. If you access any of the third party applications linked to this Application, you do so entirely at your own risk.
Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Company may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, the Company may be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these Terms of Service without the Company's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
Relationship of Parties. You acknowledge and agree that no joint venture, partnership, or employment relationship exists between you and the Company as a result of these Terms of Service or your use of the Application. You agree not to hold yourself out as representative, agent, operator, distributor, or employee of the Company and the Company shall not be liable for any of your representations, acts, or omissions. You also acknowledge and agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries.

10. Potential Disruption of the Application

Access to this Application may from time to time be unavailable, delayed, limited or slowed due to, but not limited to, the following:

Scheduled daily maintenance;
Emergency (unscheduled) maintenance;
Hardware failure, including but not limited to, failures of computers (including your own computer), servers, networks, connections, and other electronic and mechanical equipment;
Software failure, including but not limited to, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
Overload of system capacities;
Unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of God, natural catastrophes, pandemics, governmental actions, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses, strikes, or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of power supplies or other utility or service (including the Internet or other networks) (each, a "Force Majeure Event"); and
Other similar disruptions. Jackpocket may discontinue, suspend or Update the Application at any time without notice. Jackpocket shall not be liable for any failure to perform or disruption of the Application due to such discontinuance, suspension or Update.

11. Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application. Nothing in the Terms of Service, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.