Jeff Hays Films
TABLE OF CONTENTS
Changes to these Terms
Privacy and Security Disclosure
Accuracy, Completeness, and Timeliness of Information
No Professional Advice, Medical Advice, or Investment Recommendations Intellectual Property
DISCLAIMER OF WARRANTIES
DISCLAIMER OF LIABILITIES
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
Third-Party Websites and Links
Testimonials, Reviews, and Other Submissions
Questions or Additional Information
Site Use By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
Changes to these Terms Jeff Hays Films reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms at any time by visiting this page (https://www.jeffhaysfilms.com/terms-of-use). It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.
Accuracy, Completeness, and Timeliness of Information The material on the Site is provided for general informational purposes only. While we endeavor to provide accurate and current information on our Site, there may be information on our Site that contains typographical errors, inaccuracies, or omissions related to product or service descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
No Professional Advice, Medical Advice, or Investment Recommendations Jeff Hays Films makes documentary films; we do not provide professional advice of any kind. Our Site, products, and services often incorporate information from varying viewpoints on controversial issues of public concern. This information is provided for general informational purposes and is intended only to encourage public discourse. Neither the Site nor any of Jeff Hays Films’ products or services are intended to provide medical, tax, legal, insurance, investment, or any other kind of professional advice. You should always consult a qualified professional before making any healthcare, business, or investment decisions. These professionals will be able to advise you concerning whether a particular course of action or inaction is appropriate given your unique healthcare needs, financial circumstances, risk tolerances, and additional requirements or considerations that may vary depending on the jurisdiction in which you reside. Jeff Hays Films makes no guarantee that the information on our Site or in our products or services will help you accomplish any objective or that reliance on such information will be helpful or beneficial to you in any way.
Intellectual Property The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, Submissions (defined below), articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks, and logos contained therein are the property of Jeff Hays Films and its third-party licensors or providers. You acknowledge that you do not acquire any ownership rights to Jeff Hays Films’ Content by using the Site. Jeff Hays Films reserves all rights not expressly granted in and to the Site.
User Conduct You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.In addition, in connection with your use of the Site and its products or services, you agree not to:
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site; or
Transmit any content which contains software viruses or other harmful computer code, files, or programs.
Account Registration In order to access some of the products or services of the Site, you may be required to create an account. By creating this account, you agree to the following:You may only maintain a single account;You may never share your account user name or password or knowingly provide or authorize access to your account; You may never use another user’s account without permission;When creating your account, you must provide accurate and complete information;You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;You must notify us immediately of any breach of security or unauthorized use of your account; andYou will be liable for any use made of your account or password and the losses of Jeff Hays Films or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.Jeff Hays Films may send you periodic product/service updates and other communications, which are considered part of the Jeff Hays Films’ services, which you may not be able to opt-out from receiving.Jeff Hays Films has the right, in its sole discretion, to cancel your account or suspend your access to the Site.
Copyright Notice The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):Notification of Claimed Infringement:
Jeff Hays Films, Inc.
Attn: Copyright Agent
870 E. North Union Avenue
Midvale, Utah 84047
Tel. (801) 855-6555
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may delay the processing of your complaint.
DISCLAIMER OF WARRANTIES EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Jeff Hays Films ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Exceptions Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Jeff Hays Films both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Jeff Hays Films will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Salt Lake City, Utah: (i) an action by Jeff Hays Films relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Jeff Hays Films for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Salt Lake City, Utah, and forever waive any challenge to said courts’ jurisdiction and venue.
Required Pre-Dispute Procedures Before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Jeff Hays Films, Inc., Attn: Legal Department, 870 E. North Union Avenue, Midvale, Utah 84047. Jeff Hays Films will contact you by letter at the billing address you provided to us or at the e-mail address you provided to us. You agree to negotiate with Jeff Hays Films or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
Commencing Arbitration You and Jeff Hays Films agree to commence any arbitration proceeding within one year after the Claim arises (the one year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one year shall be forever barred.
Arbitration Location If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Salt Lake City, Utah unless Jeff Hays Films otherwise agrees to arbitrate in another forum requested by you.
Fees Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Governing Law and Award The arbitrator shall follow the substantive law of the State of Utah without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Enforceability This provision survives termination of your account or relationship with Jeff Hays Films, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Jeff Hays Films and shall not be modified except in writing by Jeff Hays Films.
Amendments Jeff Hays Films reserves the right to amend this arbitration provision at any time. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of a Jeff Hays Films product or service, constitutes consent to such changes.YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT Jeff Hays Films, Inc., Attn: Legal Department, 870 E. North Union Avenue, Midvale, Utah 84047 FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Indemnification To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Jeff Hays Films, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your use of the Site and any Jeff Hays Films product or service, (2) your breach of these Terms or the documents they incorporate by reference; (3) your breach of any representations or warranties in this Agreement; or (4) your violation of any law or the rights of a third-party.
Third-Party Websites and Links Our Site may include materials from third parties or links to third-party websites. Jeff Hays Films is not liable for any third-party materials or websites. Please carefully review the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Testimonials, Reviews, and Other SubmissionsJeff Hays Films is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or review that you provide Jeff Hays Films is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Jeff Hays Films may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. Testimonials may be used for any form of advertising relating to Jeff Hays Films’ products or services, in printed and online media, as Jeff Hays Films determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.Additionally, Jeff Hays Films reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Jeff Hays Films shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
Electronic Communications You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Assignment You may not assign any of your rights under these Terms, and any such attempt will be null and void. Jeff Hays Films and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Jeff Hays Films’ business is transferred to another entity by way of merger, sale of its assets, or otherwise.
19. No Waiver
No waiver by Jeff Hays Films of any term or condition set forth in these Terms 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 by Jeff Hays Films to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 1-23, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
22. Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and Jeff Hays Films, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
23. Questions or Additional Information
If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
Jeff Hays Films, Inc.
870 E. North Union Avenue
Midvale, Utah 84047
Tel. (801) 855-6555