Website Terms & Conditions
Welcome to www.jalapenosoftware.com, the official web site of
1 Application of Terms
1.1 These Website Terms and Conditions (the "Terms") govern the relationship between you and Jalapeno Software with regard to your use of the Jalapeno Software Site
1.2 By accessing any part of the Jalapeno Software Site, you consent to the Terms. Jalapeno Software reserves the right to change the Terms from time to time without prior notice and accordingly you should check the Terms each time you access the Jalapeno Software Site.
2 Use of the Website
2.1 The Jalapeno Software Site is provided "as is" and for your own personal, non-commercial use only. You may download, display, reformat or print parts of the Jalapeno Software Site for your own personal, non-commercial use.
2.2 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the Jalapeno Software Site for resale, redistribution or for any other commercial use.
2.3 You shall not use the Jalapeno Software Site for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programs which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Jalapeno Software Site..
2.4 You acknowledge that the Jalapeno Software Site has been specifically designed for use in the United Kingdom and agree not to use or access the Jalapeno Software Site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
3 Jalapeno Software Products and Services
3.1 You acknowledge that Jalapeno Software offers certain products and services on the Jalapeno Software Site and that if you use or rely on these products or services you shall be bound by a separate agreement between you and Jalapeno Software, the terms of which you shall accept on enrollment for a product or service or prior to reliance on a Jalapeno Software product or service. This separate agreement contains the complete terms for use of or reliance on the relevant Jalapeno Software product or service including all warranties and representations relating to that product or service. Jalapeno Software does not give any warranties or representations in these Terms about the quality, functioning or accuracy of Jalapeno Software's products or services.
4 Third party sites
4.1 You acknowledge that the Jalapeno Software Site may contain links to websites operated by third parties ("Third Party Sites"). You further acknowledge that these links are for your convenience only and Jalapeno Software does not endorse, nor purport to control, monitor or verify the contents of the Third Party Sites. Jalapeno Software shall not be liable for the contents of the Third Party Sites or for any loss, damage or injury sustained by you arising out of use by you of a Third Party Site.
5 Intellectual Property Right Notice
5.1 You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Jalapeno Software Site are the property of Jalapeno Software, its information providers, advertisers and other licensors. No part of the Jalapeno Software Site, or its content may be copied or reproduced (except for your personal use and as per clause 2.1 of these Terms).
5.2 Jalapeno Software grants you a personal, non-exclusive, nontransferable license to access the Jalapeno Software Site and use the Jalapeno Software Site in accordance with these Terms.
5.3 Jalapeno Software and Jalapeno Keyfinder are trademarks of Jalapeno Software. All other trademarks contained in the Jalapeno Software Site belong to their respective owners. You are not authorized under these Terms to use any of Jalapeno Software's trademarks or any other trademarks contained in the Jalapeno Software Site.
6 Disclaimer and exclusion of liability
6.1 Jalapeno Software has taken all reasonable steps to ensure that the information on the Jalapeno Software Site is accurate, complete and up to date and that the Jalapeno Software Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Jalapeno Software Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.
6.2 YOU AGREE THAT JALAPENO SOFTWARE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE JALAPENO SOFTWARE SITE, WITH THE EXCEPTION THAT JALAPENO SOFTWARE DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF:
6.2.1 DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
6.2.2 FRAUD OR FRAUDULENT STATEMENTS
ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
6.3 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE THAT JALAPENO SOFTWARE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
6.4 THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
7 Indemnity
7.1 YOU AGREE TO INDEMNIFY AND HOLD JALAPENO SOFTWARE HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE JALAPENO SOFTWARE SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY THIRD PARTIES [AND JALAPENO SOFTWARE'S USE OF ANY INFORMATION SUPPLIED BY YOU]. YOU AGREE TO COOPERATE WITH JALAPENO SOFTWARE AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO LIMIT OR MINIMISE ANY LIABILITY OF JALAPENO SOFTWARE.
8 General
8.1 No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms.
8.2 The rights and obligations created by these Terms are enforceable by and may be assigned by Jalapeno Software. You may not assign your rights or obligations under these Terms.
8.3 To the extent that any of the provisions of these Terms are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the Terms as a whole or of any other provisions thereof.
9 Governing Law and Jurisdiction
9.1 The parties agree that these Terms are governed by English Law and the English Courts have exclusive jurisdiction.