Terms & Conditions of Use

NOTICE TO USERS OF OUR JAR APPLICATION

JAR TERMS OF USE (updated May 21, 2021)

As of May 21, 2021, we are sunsetting the Jar application and will cease all support and maintenance.  If you are a current customer, you may continue to use Jar until December 22, 2021 (the “Transition Period”).  As of December 22, 2021 (the “End Date”), Jar will no longer be available.  By continuing to use Jar and our website (the “Site”) and accessing Jar and our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms.  

Information Stored in Jar.  You are responsible for ensuring that you have copies of all files and other information that you have stored in Jar prior to the End Date.  If you need assistance with using Jar to copy your files and information, please contact us.  We have no obligation to retain and have the right to delete all files and other information stored under your Jar account within 30 days after the End Date.

Transition Period; Disclaimer  During the Transition Period, you will be able to continue to access your account and use Jar for your internal use to complete projects in process.  We will, however, no longer provide any support or maintenance of the Jar application of the Site, online or via any other means.  Continued use of Jar and the Site is at your own risk.  JAR AND THE SITE ARE PROVIDED “AS IS, AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.  WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE JAR OF THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity.  You agree to indemnify, defend, and hold harmless Jar and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your use of Jar, the Site and/or any services we provide, and (ii) infringement of third party’s intellectual property rights or other proprietary rights. 

Additional Terms

Jar may revise these Terms at any time without notice. By using Jar and the Site, you are agreeing to be bound by the current version of these Terms.  Any claim relating to Jar, the Site or these Terms shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.

Any material, information, or idea you transmit to us or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Jar or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Jar will be handled in accordance with Jar’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Digital Millennium Copyright Act ("DMCA") Notice

In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.  If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Chief of Staff

Design Pickle, LLC

16414 N 91st St

Ste 103

Scottsdale,  AZ  85260

Phone: 4802631721

Email: [email protected]