Terms of Services

By indicating your acceptance of these terms and conditions, you ("subscriber" also referred to hereinafter as "Contact", "subscriber's invited contact", "Customers", "Customer", "you" and/or "your") acknowledge and agree to be bound by the provisions of this agreement for the use of the Jiffle services ("services") provided by iPolipo, Inc. DBA Jiffle. ("Jiffle"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority or if you are not willing to be bound by these terms and conditions do not click "Download Jiffle" button. By clicking this button or by using or accessing the service, you agree to be bound by the following terms and conditions.

For the sake of simplicity and consistency, these Terms of Service apply to all of our subscribers, including those who have been invited by our subscribers to use Jiffle services. These Terms of Service also apply to those who download our software and those who sign up for a Jiffle account. Accordingly, there are some provisions below relating to the use of our software which necessarily apply only to those of our subscribers who have downloaded the software. All other terms and provisions apply to all of our customers.

In response to the Children's Online Privacy Protection Act ("COPPA") we require that subscribers be at least 13 years old to use Jiffle's services.

IMPORTANT-READ CAREFULLY: These Terms of Service for Jiffle Software, Site and Services (these "Terms of Service") together constitute a legal agreement between you (an individual or an individual representing an entity) and iPolipo, Inc., a Delaware corporation DBA Jiffle, and its suppliers and its licensors (collectively "Jiffle") with respect to Jiffle software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software"), the www.JiffleNow.com Web site, including all sub-pages under the Web site (collectively, the "Site") and all other services provided to you by Jiffle either through the Software or through Web access to the Site (collectively, the "Services"). These Terms of Service apply to both the Beta version of the Software (the "Beta Version and Free Version") and all versions of the Software which require you to pay a support, license, subscription or other fee ("Plus, Pro and Corporate Versions"). By clicking on the "Accept" button or otherwise using or accepting the Software, Site and/or Services, you agree to be bound by the terms of these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK ON THE "ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE, SITE OR SERVICES. YOU AGREE THAT YOUR USE OF THE SOFTWARE, SITE AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

THE SOFTWARE, SITE AND SERVICES PROVIDED TO YOU UNDER THESE TERMS OF SERVICE IS (A) FOR THE BETA VERSION, FOR YOUR PERSONAL AND COMMERCIAL USE ONLY AND (B) FOR THE Plus and PRO VERSION, FOR YOUR PERSONAL AND YOUR COMMERCIAL USE.

1. Description of Services. Jiffle is a web-based service that enables selective and secure sharing of 'Available' time slots in your Calendar. It is integrated with your MS Outlook Calendar or other calendars. Your contacts can view your online calendar and then seek a meeting in the appropriate 'Available' time slot. Jiffle allows you to mark and assign 'Available' time slots in your Calendar. 'Available' time slots are the time slots that a Subscriber can share with his/ her invited Contacts. Invited Contacts can then select their preferred time slots from the ones assigned to them and seek meetings. Calendars can also be posted as a public URL.

Jiffle provides you with the capability of sharing your 'Available' time slots on your calendar with your contacts by becoming a subscriber of the Services (a "Subscriber"). When you become a Subscriber, Jiffle will create your personal account which will contain basic account information: name, e-mail address, password, and your Time zone, (" Your Account Information "). Subscribers can invite their contacts to view their online Calendar on Jiffle. The invited contact (a "Contact") can then view a subscriber's calendar. A Contact my register for the Services on www.JiffleNow.com but is not required to depending on the type of invitation sent. When you become a Contact, Jiffle will create your personal account which will contain basic account information: name, e-mail address, password, and your Time zone, (" Your Account Information ").

Once you have downloaded and installed the Software, you will be able to access the Services through Microsoft Outlook (or other future Calendars), or if you desire, through Web access to the Site. The information you provide Jiffle is stored locally in system files on your computer and optionally, on Jiffle's servers. It is sent to and from such servers as part of the Software's functionality.

Additional features may be added to the Software, Site and Services and made available to you from time to time. You understand and agree that Jiffle may provide updates, patches and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the Site and the Services may include advertisements and that these advertisements are necessary for Jiffle to provide the Services.

2. License Grant. Jiffle hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Jiffle and its licensors.

You may not access the Service if you are a direct competitor of Jiffle, except with Jiffle's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

3. Subscription: As a Subscriber or as a Contact you agree to: (a) provide true, accurate, current and complete Account information; and (b) maintain and promptly update all Account information to keep it true, accurate, current and complete. Your Account information and the Configuration Information you provide to Jiffle is stored in local system files on your computer and on Jiffle's servers.

Based on your account use and other factors identified by Jiffle in its sole discretion, Jiffle may require verification of your identity and/or other information, as applicable, in order for you to continue using the Site and the Services. In such event, you agree to provide Jiffle with additional information that may be requested.

You are responsible for maintaining the confidentiality of your password and Membership Account information, and are fully responsible for any and all activities that occur under your password or Membership Account. You agree to: (a) immediately notify Jiffle of any unauthorized use of your password or Membership Account or any other breach of security related thereto; and (b) ensure that you properly exit from your Membership Account sessions at the end of each session.

Jiffle recommends that you make a backup copy of your data before installing Jiffle toolbar for Outlook. Jiffle is not responsible for lost or duplicated data. You should also ensure that your system meets the system requirements prior to installing the software.

4. Restrictions. a) YOU MAY NOT: (i) prepare derivative works based on the Software; (ii) reproduce the Software except as specifically provided in this Agreement; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the Software or copies thereof in any form whatsoever to any third parties or use the Software for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the Software, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights to the software not expressly granted herein are reserved by Jiffle or its suppliers.

b) You agree that you shall only use the Software, Site and Services in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Software, Site and Services, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

c) You may not use the Software, Site or Services to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to distribution lists, newsgroup aliases, or group aliases, and (ii) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.

d) You may not use the Software, Site or Services to upload, post, e-mail, otherwise transmit, or post links to: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

e) You may not use the Software, Site or Services if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

5. Obligations for using the Site and the Services. You agree that you are responsible for establishing and maintaining your own calendar(s) and event information. Jiffle acts only as an interface to facilitate communications between users. Jiffle does not control, nor is it responsible for, the truth, accuracy, completeness, timeliness, quality, appropriateness, or legality of any information provided to users of the Site or the Services via a user's use of the Site or the Services. Jiffle reserves the right to monitor your use of or review your conduct with regard to the Site and the Services. Jiffle assumes no responsibility, however, for monitoring or policing use of the Site or the Services.

You may not intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature using the Site or the Services.

You may not impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

You are solely responsible for all equipment necessary to access and use the Site and the Services.

You will not attempt to gain unauthorized access to any Membership Account information, computer systems or networks associated with the Site and the Services.

You will not attempt to obtain any information or materials relating to the Site and the Services through any means not intentionally made available through the Site.

6. Charges and Payment of Fees. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments must be made annually, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are non cancelable (after any free trial period) and all amounts paid are non refundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide Jiffle with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may add licenses by contacting Jiffle or by using Jiffle supplied administration interface. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee. Jiffle reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 10 days prior notice to you, which notice may be provided by e-mail or posted on www.JiffleNow.com. All pricing terms are confidential, and you agree not to disclose them to any third party.

7. Billing and Renewal. Jiffle charges and collects in advance for use of the Service. Jiffle will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary for annual licenses, or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless Jiffle has given you at least 10 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Jiffle's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Jiffle's income.

You agree to provide Jiffle with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Jiffle reserves the right to terminate your access to the Service in addition to any other legal remedies.

Regardless of your country of origin, all prices specified by Jiffle and all Jiffle charges made are in U.S. dollars.

If you believe your bill is incorrect, you must contact us in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Payment Processing:

A1) Jiffle is a 3rd Party Membership Access Management System and is (optionally) affected in an interconnected database capacity by PayPal Instant Payment Notification (IPN).

A2) Jiffle is not a payment processor and has no formal business relationship or affiliation with any payment processor, including PayPal.

A3) Jiffle is designed to operate with PayPal's IPN notifications and does not purport to be anything other than a Membership Access Management System.

A4) Jiffle does not gain access to your credit card information nor the credit card information of your subscribers. Jiffle employees have no direct access to any personal information, including e-mail addresses, of your members.

A5) No payment processor, including PayPal, is obligated to assist Jiffle users or members of Jiffle users in any way. Such technical assistance is provided by Jiffle.

A6) IMPORTANT NOTE: Three steps are involved for subscribing to Jiffle - 1) Payment using a credit card or purchase order. 2) Install the Jiffle Toolbar & 3) Create an account with Jiffle using the configuration wizard.

8. Non-Payment and Suspension. In addition to any other rights granted to Jiffle herein, Jiffle reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or Jiffle initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Jiffle may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Jiffle reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Jiffle has no obligation to retain any Data and that such Data may be irretrievably deleted if your account is 30 days or more delinquent.

9. Termination or Cancellation:

Subscriptions paid directly to Jiffle: If you wish to cancel without being charged, you MUST cancel your Jiffle account within the initial 30 days. You may cancel your use of the Jiffle Services by sending email to subscriptions@jifflenow.com or calling 1.888.447.6547. Jiffle is under NO OBLIGATION to provide you with a refund at any time or for any amount after the initial 30 day period.

You acknowledge and agree, however, that a terminated Membership Account may continue to exist until the anniversary date before such cancellation takes effect. Jiffle may at any time terminate or suspend your access to the Services effective immediately with or without cause, including but not limited to immediate termination of your use of the Services should your conduct fail to conform to any part of this Terms of Services. Jiffle shall not be liable to you or any third party for termination of the Services or termination of your use of the Services. Should you object to any terms and conditions of this Terms of Service or any subsequent modifications Jiffle makes to this Terms of Service, or should you become dissatisfied with the Services in any way, your only recourse is to immediately: (a) discontinue use of the Services; and (b) notify Jiffle of your termination. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE STORED ON THE JIFFLE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU, although all or some of your information may continue to exist in Jiffle's database and in back-up copies of the database. Furthermore, Jiffle shall have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

10. Termination upon Expiration/Reduction in Number of Licenses. This Agreement commences on the Effective Date. For Jiffle Free edition licenses, the term is indefinite and may be terminated at any time in Jiffle's sole discretion. For Free edition licenses, Jiffle reserves the right to terminate any account with six (6) months of inactivity.

For Jiffle Plus, Jiffle Pro & Jiffle Corporate, the Initial Term may be one month or one year depending on the payment plan selected. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at Jiffle's then current fees. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination.

11. Termination for Cause. Any breach of your payment obligations or unauthorized use of the Jiffle Technology or Service will be deemed a material breach of this Agreement. Jiffle, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Jiffle may terminate a free account at any time in its sole discretion. You agree and acknowledge that Jiffle has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

12. Warranty Disclaimer. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND Jiffle MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. Jiffle MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.

Jiffle MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Jiffle IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.

Jiffle DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND Jiffle WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM Jiffle, IT'S EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.

13. Jiffle's Right to Terminate or Modify Terms of Service and Services. Jiffle reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site. These modifications may include, without limitation, charging for the Software, Site and/or Services. Jiffle may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event Jiffle modifies these Terms of Service, you may terminate your use of the Software, Site and the Services. Jiffle may also terminate your right to use the Software, Site and/or Services at any time for any reason. Without limiting the prior sentence, your right to use the Software, Site and Services will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from Jiffle to effect such an automatic termination. Upon any termination of your right to use the Software, Site and Services, you shall immediately discontinue use of the Software, Site and the Services.

14. Personal Information and Privacy. You are required to have an Jiffle account to use the Services. Personal information you provide to Jiffle is governed by Jiffle's privacy policy (the " Jiffle Privacy Policy").
Click here to view the Jiffle Privacy Policy. Your election to use the Services, indicates your acceptance of the terms of the Jiffle Privacy Policy, so please review it carefully if you have any questions about Jiffle's treatment of personal information you provide to us. This includes the receipt of messages from Jiffle via email or other means. You are responsible for maintaining the confidentiality of your password and Your Account Information (name and e-mail address). You are responsible for all activities that occur in your account and you agree to notify Jiffle immediately of any unauthorized account use. Jiffle is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of your user account and password.. Note that because the Service is a hosted, online application, Jiffle occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Jiffle can disclose the fact that you are a paying customer and the subscription plan of the Service that you are using.

15. Notice Regarding Commercial Communications. Jiffle's WEBSITE REGISTRATION AND CONTACT FORMS REQUIRE USERS TO PROVIDE CONTACT INFORMATION. BY SUBMITTING THIS INFORMATION, THE USER CONSENTS TO RECEIVE COMMUNICATIONS FROM Jiffle ABOUT OUR COMPANY, SERVICES, PRODUCTS AND PARTNERS.

At any time you may "opt-out" of receiving communications from Jiffle, and third parties, by clicking on an unsubscribe link on any individual message you may receive or by sending an email to info@jifflenow.com with UNSUBSCRIBE in the subject.

16. Title. Title, ownership, rights, and intellectual property rights in and to the Software, Site and Services shall remain in Jiffle and/or its suppliers. The Software, Site and Services are protected by the copyright laws of the United States and other countries, and by international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.

17. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Jiffle OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SOFTWARE, SITE OR SERVICES, EVEN IF Jiffle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Jiffle RELATED TO THESE TERMS OF SERVICE OR THE SOFTWARE, SITE OR SERVICES SHALL BE CANCELLATION OF THE SOFTWARE LICENSE AND SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $10.00 OR THE AMOUNT YOU PAID FOR THE SOFTWARE AND SERVICES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

18. Indemnification. You agree to hold harmless, indemnify and defend Jiffle, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Software, Site or Services in violation of another party's rights or in violation of any law, or (ii) violated any terms of these Terms of Service.

19. International Use. Jiffle makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.

20. Export Restrictions. You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these Terms of Service.

21. U.S. Government Restricted Rights. The Software and accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph(c)(1)(ii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software--Restricted Rights), as applicable. Manufacturer is Jiffle, Inc. 440 N. Wolfe Rd. Sunnyvale, CA 94085

22. User Age Restriction. The Services, Software and Site are not intended for and may not be used by children under the age of 13. You may not use the Software or Services or access the Site unless you are at least such age.

23. Intellectual Property Ownership. iPolipo, Inc. DBA Jiffle alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Jiffle Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Jiffle Technology or the Intellectual Property Rights owned by Jiffle. The Jiffle name, the Jiffle logo, and the product names associated with the Service are trademarks of Jiffle or third parties, and no right or license is granted to use them.

24. Third Party Interactions. During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Jiffle and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Jiffle does not endorse any sites on the Internet that are linked through the Service. Jiffle provides these links to you only as a matter of convenience, and in no event shall Jiffle or its licensors be responsible for any content, products, or other materials on or available from such sites. Jiffle provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

25. Internet Delays. Jiffle's SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Jiffle IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

26. Assignment; Change in Control. This Agreement may not be assigned by you without the prior written approval of Jiffle but may be assigned without your consent by Jiffle to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Jiffle directly or indirectly owning or controlling 50% or more of you shall entitle Jiffle to terminate this Agreement for cause immediately upon written notice.

27. Miscellaneous.

a) No Assignment. The Software and Services are personal to you, and may not be assigned without Jiffle's express written consent.

b) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of California, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state of federal courts located in Santa Clara County, California. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

c) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Jiffle's intellectual property rights, or may cause continuing or irreparable harm to Jiffle (including, but not limited to, any breach that may impact Jiffle's intellectual property rights, or a breach by reverse engineering), Jiffle may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

d) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Jiffle or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of Jiffle. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

28. Support Policy.

Jiffle offers Email support for all its licensed users (Jiffle Plus, Jiffle Pro and Jiffle Corporate subscribers) at no additional cost. Email support is not offered to 'Jiffle Free' users. Jiffle offers support by email only - no phone support is provided. For free technical support via e-mail, send an e-mail message to support@jifflenow.com with a description of the problem. Jiffle Support e-mail hours are from 9:00 A.M. to 5:00 P.M. Eastern, Monday through Friday, excluding holidays. You should receive an e-mail response from Jiffle within 1 business day. We will acknowledge and, when possible, resolve all inquiries within one business day. We will inform you within one business day if the issue requires further investigation or escalation. Escalation will take place that same business day. We strive to resolve all customer technical support issues within a maximum of five business days. Jiffle does not guarantee that our Technical Support department can resolve your problem. Due to the complex nature of Windows and computers in general, there may be situations when our Technical Support department cannot solve your problem. However, we will make every reasonable effort to resolve your problem as quickly as possible.

Jiffle provides technical support for our product. We do not provide support for hardware, peripherals or third-party software. However, if we feel that your problem may be related to a non-Jiffle product, we may attempt to assist you in obtaining technical support for that particular product.

If Jiffle's Technical Support department determines that another program is affecting your Jiffle service, we may choose to provide you with additional instructions. These instructions may involve changing your computer's set up. These instructions are for computer users with a general to advanced understanding of Windows and computers. Jiffle Technical Support does not provide technical support with these additional instructions. If you do not understand any part of these instructions, it is your responsibility to consult a qualified technician or consultant to evaluate their relevance to your problem.

Jiffle is not liable for any additional fees, costs or lost business you incur while using our products and/or support services.

Jiffle reserves the right to limit or terminate technical support services to a client who uses the service in an unreasonable or excessive manner, as determined by Jiffle.

Contacting Us

If you have any questions about this Terms of Service, please contact us at info@jifflenow.com or at:

iPolipo, Inc. DBA Jiffle
440 N. Wolfe Rd.
Sunnyvale, CA 94085

Last Updated: January 15th, 2008