Last Updated: June 25, 2024
Welcome to Jon D. Rock Inc. (“Company”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your access to and use of our website and services (collectively referred to as the “Services”). By accessing or using our Services, you agree to adhere to and be bound by these Terms.
1. Overview and Relation to Other Agreements
This Terms of Service Agreement (“Terms”) operates in conjunction with the End User License Agreement (“EULA”) and the Privacy Policy provided by Jon D. Rock Inc. While these Terms govern your general access to and use of our website and services, the EULA specifically governs your use of any software applications made available by Jon D. Rock Inc., and the Privacy Policy outlines our practices with respect to the collection, use, and disclosure of your personal information. In the event of any conflict between these Terms, the EULA, and the Privacy Policy, the provisions of the EULA and the Privacy Policy shall take precedence with respect to your use of the software applications and our handling of your personal information, respectively.
2. Acknowledgment and Agreement to Terms
By using our Services, you acknowledge and agree to comply with the terms and conditions of this Terms of Service Agreement, the End User License Agreement, and the Privacy Policy. If you do not agree to these Terms, please do not use our Services.
3. Changes to Terms
We may modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of our Services following any changes signifies your acceptance of the updated Terms. Please review these Terms periodically for updates.
4. Description of Services
Jon D. Rock Inc. provides a platform designed to assist users with their financial planning by helping them view and optimize their personal finances in real-time. Our Services include access to our website, mobile application, and other related content, features, and functionality.
5. Eligibility
To use our Services, you must be at least 18 years old and capable of forming a binding contract with us. By using our Services, you represent and warrant that you meet these eligibility requirements.
6. User Accounts
To access certain features of our Services, you may need to create an account. By creating an account, you agree to be bound by these Terms of Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. User accounts may not be shared between multiple individuals.
7. License Grant and Service Modification
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services for your personal, non-commercial use. We reserve the right to modify or discontinue the Services at any time, with or without notice.
8. Automatic Software Updates
Jon D. Rock Inc. may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of our Services and related software (“Software Updates”). These Software Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Software Updates, your remedy is to cease using our Services. You acknowledge that you may be required to install Software Updates to use our Services and you agree to promptly install any Software Updates Jon D. Rock Inc. provides. By using our Services, you acknowledge and agree that Jon D. Rock Inc. may update the Services with or without notifying you, and you may need to update third-party software from time to time in order to use our Services.
9. Temporary Suspension
Jon D. Rock Inc. reserves the right, at its sole discretion, to temporarily suspend your access to our Services, without prior notice, under certain circumstances, including, but not limited to, violations of these Terms, legal mandates, or issues relating to the security, integrity, or operation of our Services. During the suspension period, you will not be able to access our Services. We will make reasonable efforts to notify you of the reasons for the suspension as soon as practicable. Following the resolution of the circumstances leading to the suspension, Jon D. Rock Inc. will restore your access to the Services at its sole discretion. Jon D. Rock Inc. shall not be liable for any damages, losses, or any other consequences that you or any third party may incur as a result of such temporary suspension.
10. System Requirements
To ensure optimal performance and functionality of our Services, users must meet the following system requirements:
(i) A working Wi-Fi network in your home that is positioned to communicate reliably. The Wi-Fi network must provide adequate coverage and signal strength to support the Products’ connectivity needs.
(ii) An Account with Jon D. Rock Inc. Users must register and maintain an active account (“Account”) to access and use certain features of the Services. The Account serves as a personal, non-transferable means of utilizing the Services.
(iii) Mobile clients such as a supported phone or tablet are required for some functionality. The specific requirements regarding operating system versions and hardware capabilities will be provided in the documentation accompanying the Products or Services.
(iv) Always-on broadband Internet access in your home is essential for the continuous operation of the Products and Services. Users must ensure that their Internet connection is stable and meets the minimum speed requirements as specified by Jon D. Rock Inc.
(v) Other system elements that may be specified by Jon D. Rock Inc. from time to time. These may include, but are not limited to, specific software versions, additional hardware, or third-party services that are necessary for the full functionality of the Products and Services.
Failure to comply with these system requirements may result in suboptimal performance of the Products and Services or may prevent certain features from functioning altogether. Users are responsible for ensuring their systems are compatible and meet the requirements outlined above.
11. Prohibited Conduct
You agree not to:
- Use our Services for any illegal or unauthorized purpose or in violation of any applicable laws and regulations;
- Interfere with or disrupt the operation of our Services;
- License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
- Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;
- Access the Services in order to build a similar or competitive service;
- Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
- Use any automated means to access our Services; and
- Harass, abuse, or harm another person using our Services.
12. Intellectual Property
All intellectual property rights in our Services, including but not limited to trademarks, service marks, logos, and copyrights, are owned by Jon D. Rock Inc. or our licensors. You may not use any of our intellectual property without our prior written consent.
13. Privacy
Your use of our Services is subject to our Privacy Policy, which is available at https://jondrock.com/privacypolicy/ . By using our Services, you consent to the collection and use of your information as outlined in our Privacy Policy.
14. Third-Party Links
Our Services may contain links to third-party websites or services that are not owned or controlled by Jon D. Rock Inc. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access third-party websites or services at your own risk and are responsible for reading and agreeing to their respective terms and conditions.
15. Limitation of Services due to Third Parties
Jon D. Rock Inc. hereby clarifies that the availability and functionality of our Services may be dependent upon various third-party platforms, including but not limited to, internet service providers, device manufacturers, and platform operators. While Jon D. Rock Inc. strives to ensure seamless service availability and performance, we cannot guarantee that our Services will always be accessible, uninterrupted, or fully operational due to the inherent nature of relying on third-party services and infrastructure. Users acknowledge and agree that Jon D. Rock Inc. shall not be liable for any service interruptions, failures, or malfunctions attributable to third-party services, nor for any loss, damage, or inconvenience caused by the reliance on such third parties necessary for the delivery of our Services.
16. Release Regarding Third Parties
Notwithstanding any other provision of these Terms, you hereby release Jon D. Rock Inc., its affiliates, officers, directors, employees, agents, and successors from all claims, demands, damages, losses, liabilities of every kind and nature, known and unknown, arising out of or in any way related to the Services provided by third parties or your interactions with such third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that 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.” This release includes, without limitation, any and all disputes, claims, and disagreements arising from or concerning the performance, functionality, or reliability of third-party services, platforms, or products that you may utilize in connection with the Services provided by Jon D. Rock Inc.
17. Disclaimer of Warranties
Our Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. To the fullest extent permissible by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
18. Limitation of Liability
To the fullest extent permitted by law, Jon D. Rock Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of our Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Services; or (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
19. Indemnification
You agree to indemnify, defend, and hold harmless Jon D. Rock Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Services.
20. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for reasons including, but not limited to, non-payment, unauthorized use of the Services, or if you breach these Terms. Upon termination, your right to use our Services will immediately cease.
21. Governing Law
These Terms and any disputes arising out of or relating to these Terms, or our Services, will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
22. Dispute Resolution
Any disputes arising from these Terms, or our Services, will be resolved through binding arbitration in accordance with the Rules of Arbitration of the American Arbitration Association, applying Delaware law and taking place in Wilmington, Delaware. Each party waives all rights to a jury trial, instead electing that the dispute be resolved by an arbitrator.
23. Waiver of Class Actions
You hereby waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of or relating to these Terms, or our Services, must be asserted individually.
24. Miscellaneous
Any waiver of any term of these Terms must be in writing. If any portion of these Terms is found to be void, invalid, or otherwise unenforceable, the remainder of these Terms shall continue to be enforceable and valid. These Terms constitute the entire agreement between you and Jon D. Rock Inc. concerning our Services.
25. Notifications
Any notice, request, demand, or other communication required or permitted under these Terms shall be deemed to be properly given on the date when it is sent by email or posted on our website, addressed to the party to whom it is to be given at such party’s last known email address or by posting on the relevant section of our website accessible to the party. For notices directed to Jon D. Rock Inc., such communications shall be sent to info@jondrock.com or to the following postal address: Jon D. Rock Inc., 30 Wall St., New York, NY 10005. Notices to you shall be sent to the email address you provide to us during the registration process or posted on our website. It is your responsibility to keep your email address current.
26. California Disclosures and Complaint Reporting
In accordance with California state law, users who are California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted online at www.dca.ca.gov, or by telephone at (800) 952-5210. Jon D. Rock Inc. encourages our users to report any complaints they have about our Services directly to us via info@jondrock.com so we can resolve them as soon as possible.
27. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Jon D. Rock Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Jon D. Rock Inc. may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.