Terms and conditions
Rules on Use of jaraads.com site
If you browse or otherwise access any content or data on the jaraads.com website where this Terms and Condition appears in the footer, and to any jaraads.com application, service, or tool (collectively "Resource" or "Service")you agree to be bound by these terms. If you do not agree to these terms, please do not use this Resource.
By using the Resource with or without a Registered account, regardless of how you access or use it, including through mobile devices you are accepting the terms of this Terms of Conditions and any applicable posted guidelines for the Service.
Administrator reserve the right to changeTerms and Condition at any time by publishing the new Terms and Conditions onthe Resource. By continuing to use the Service you are indicating youracceptance to be bound by the amended Terms and Conditions.
"Administrator", "we" or "us" -Local Content Administrator or other entity that exercise control over theLocal Content Administrator, which renders the Services to the Users.
"Local ContentAdministrator" — Jaraads.com online marketplace Nigeria Limited, entity incorporated under the laws of Nigeria.
"User", "you", "your" –means any natural person eligible to conclude an agreement under the applicablelaw with Administrator and using any of Services with or without a Registeredaccount. The Users may also act on behalf of the company that provides goodsand services and intends to post announcements to the Resource. In this caseUsers shall be empowered for such representation in a written form.
"Registerentry/account" — an electronicUser area within functional system of the Resource, with a help of which he/sheis able to manage his/her announcements on the Resource.
1. General provisions
1.1. For the registration of an account, youshall provide necessary veridical and current information for the purpose ofgeneration of User account, which includes User’s unique login (email address),and a Resource password, as well as his/her surname and name. ResourceRegistration Form may require the User to provide more detailed information.
1.2. Resource is a marketplace that allowsusers to offer, sell by posting an announcement and buy just about anything ina variety of pricing formats and locations. The actual contract for sale isdirectly between Users. In such a manner the Administrator is not a party ofthe transaction, but it only provides a communication trade platform forposting of announcements. We also have no control over and do not guarantee theexistence, quality, safety or legality of items advertised; the truth oraccuracy of users' content or listings; the ability of sellers to sell items;the ability of buyers to pay for items; or that a buyer or seller will actuallycomplete a transaction or return an item.
1.3. Administrator does not pursue actionsfocused on checking of materials posted by Users and expressly disclaims allresponsibilities in relation to materials posted by Users.
1.4. Administrator prevents infringement ofcopyright and intellectual property right infringement in the course of usingof the Resource and can delete any User material, which infringes intellectualproperty rights, at its own discretion without prior notice. We also mayterminate Users’ access to the Resource, in the event that such Usersrepeatedly infringe rights or commit any actions in contrast to these Terms andConditions.
1.5. We may set limits of active announcementsfor appropriate columns. The Resource Administrator can render additionalservices of increasing of a column limit by means of sales of an announcementspackage.
1.6. The fees we charge for using our Servicesare listed on the Resource.
2. Using Resource
2.1. Using the Resource, the User shall:
· 2.1.1. provideveridical, complete and current data during registration, ensure them beingupdated;
· 2.1.2. The User shallimmediately change data for accessing to the Resource, if he/she has asuspicion that his/her email address and password used for entering to theResource were disclosed or probably used by the third parties.
· 2.1.3. notify theAdministrator of unauthorized access to the personal account and/or ofunauthorized access to and/or use of User’s login and password;
· 2.1.4. prevent otherUsers’ getting access to the personal account or any specific informationcontained on it, if this can lead to violation of the laws of Nigeria and/orthese Terms and Conditions;
· 2.1.5. avoid postingof information and objects (including references hereto) to the Resource, whichcan infringe other persons’ rights and interests;
· 2.1.6. avoid postingof information and objects (including references hereto) to the Resourceprohibited by these Terms and Conditions and by applicable law.
2.2. Using the Resource, the User shall not:
· 2.2.1. log in as aUser on behalf or instead of other person (“false account”). However, the Usercan log in for and on behalf of other individual or legal entity subject toreceipt of necessary well-documented authorities
· 2.2.2. confuse Userconcerning his/her personality using login and password of any other registeredUser;
· 2.2.3. illegallydownload, store, post, distribute or provide access to or in any other way useintellectual property of Users and the third parties;
· 2.2.4. perform bulkmailing to the addresses of other Resource Users without their consents;
· 2.2.5. use softwareand pursue any other actions aimed to interference with normal operation of theResource or Users personal areas;
· 2.2.6. download,store, post, distribute and provide access to, or in any other way use viruses,li> and other malware;
· 2.2.7. in any way,including, but not limited to, fraudulently, be way of breach of faith orcrack, endeavor to get access to other User’s login and password;
· 2.2.8. perform illegalcollection and processing of other individuals’ personal data
· 2.2.9. use theResource otherwise but as provided herein, except when such actions weredirectly permitted to the User pursuant to a separate agreement with theAdministrator;
· 2.2.10. reproduce,duplicate, copy, sell, carry out trade transactions and resell access to usingof the Resource for any purposes, except when such actions were directlypermitted to the User pursuant to a separate agreement with the Administrator;
· 2.2.11. post any otherinformation, which is undesirable, disagrees with the purposes of creation ofthe Resource, encroaches Users’ interests or otherwise presents itself asundesirable for being posted to the Resource;
2.3. Each User shall warrant and acknowledge that:
· 2.3.1. he/sheundertakes full responsibility for obtaining of all necessary permits inrelation to any User content, which he/she represents, downloads, or displays;
· 2.3.2. any Usercontent represented, downloaded or displayed by him/her does not infringe anycopyrights, patents, rights for trademarks, firm names, commercial secrets orany other personal or proprietary rights of any third party ("Thirdparty rights"); and
· 2.3.3. he/she isentitled and authorized for sale, trade, distribution or export, or for offerfor sale, trade, distribution or export of products and services described inUser content, and such sale, trade, distribution or export, or offer does notinfringe any Third party rights.
3. Posting of announcements by the User
3.1. Administrator may request User to providethe documents confirming legitimacy of posting of announcements in relation togoods and services.
3.2. The User, who posts announcements withregard to sale of goods and services to the Resource, shall place informationabout them in accordance with these Terms and Conditions and provide preciseand complete information about the goods and services, as well as about theterms and conditions of sale of them. When the User places information aboutgoods or services, he/she hereby confirms being legally authorized to sellthese goods or render such services pursuant to laws of states, in which theyare sold, as well as that he/she has obtained all necessary approvals.
3.3. The User warrants that goods/serviceshe/she offers corresponds with quality norms established by legislation ofstates, in which they are sold, and are free of the third parties’ claims.
3.4. The User warrants that goods/serviceshe/she offers, provided that any special permits are needed for sale orrendering of them, will be sold/rendered in accordance with the requirements ofstates, which special authorities will be empowered to supervise such User’sactivity.
3.5. The User shall thoroughly check allinformation about goods and services posted by him/her to the Resource, and, incase of any incorrect information detected, add necessary data in thedescription of goods or services. If no possibility exists to do so, the Usershall adjust incorrect information by having annulled the announcement andposted information about goods or services again.
3.6. Delivery conditions should be included ina goods description, and services terms and conditions should form a part ofservice description. Goods sale and service terms and conditions developed bythe User shall not interfere with these Terms and Conditions and applicablelegislation of states, for which they are sold.
3.7. Price of goods or services shall beexact. If it is perceived to be changed due to any specific circumstances, theterms and conditions of price change shall be provided in an announcement.
3.8. The User is not allowed to post ordistribute:
· - false, misleading ordeceitful information;
· - disreputable,defamatory, threatening or harassing, improper, unacceptable information;
· - discriminativeinformation, or information that facilitates discrimination on the basis ofrace, sex, religion, nationality, invalidity, sexual orientation or age;
· - information whichviolates these Rules;
· - information whichviolates applicable laws and regulations (including, without limitation, thoseregulating export control, consumer protection, unfair competition or falseadvertising, intellectual property rights);
· - direct or indirectreferences to any other web sites, which comprise any content being able toviolate these Rules;
· - vulgar abusivelanguage;
· - advocacy of hate,violence, discrimination, racism, xenophobia, ethnic conflicts;
· - appeals to violenceand unlawful actions;
· - data infringingpersonal (non-proprietary) rights and intellectual property rights of the thirdparties;
· - information that facilitatesfraud, deception or breach of faith;
· - information leadingto transactioning with stolen or counterfeit objects;
· - informationviolating or encroaching on the third party’s property, commercial secret orright to privacy;
· - personal oridentifying information about other persons without their express consent;
· - informationcomprising data which may encroach on privacy right, abuse anybody’s honor,merit or business reputation;
· - informationcomprising slander or threats directed against whosoever;
· - information ofpornographic nature;
· - information whichmay inflict damage to under-ages;
· - false or misleadinginformation;
· - viruses or any othertechniques being able to damage the Resource, Administrator or other Users;
· - information aboutservices deemed to be immoral, such as prostitution or other formscontradicting moral or legal norms;
· - references orinformation about websites competing with the Resource services;
· - informationrepresenting “spam”, “chain letters”, “pyramids schemes” or undesirable ordeceitful commercial advertising;
· - informationdistributed by information agencies;
· - information offeringto earn over the Internet without employer’s actual address or direct contactsindicated;
· - information ofmultistage and network marketing or any other activity, which requiresrecruiting of other members, subagents, sub-distributors, etc.;
· - information ofsolely promotional nature with no offers of specific goods or services;
· - information orannouncements about counterfeit and imitated goods or unauthorized copies.Unauthorized copies include also goods having been acquired by illegal means,pirated or stolen. Such goods may infringe intellectual property rights, andtrademark rights as well;
· - information orannouncements on sale being able otherwise to violate legislation of state,which this announcement is intended for.
4. Intellectual property rights
4.1. If User posts legally owned content tothe Resource, he/she hereby grants to other users and the Administratornon-exclusive rights for its use solely in the scope of functionality providedby the Resource, except when such use damages or may damage legally protectedright holder’s interests.
4.2. The User also grants to the Administratora non-exclusive right to use content, which is located on the Resource andlegally owned by him/her, without a compensation so that the Administratorwould be able to ensure operation of the Resource to the extent determined byits functionality and architecture. The abovementioned non-exclusive right isprovided for the period of posting of content to the Resource covering allstates over the world. The Administrator is entitled to assign rights describedin this clause to the third parties.
4.3. Any use of the Resource or any content onthe Resource, except that permitted by these Terms and Conditions or in theevent of express right holder’s consent to such use, without prior writtenconsent of a right holder is strictly prohibited.
4.4. Responsibility for violation of exclusiverights. The User shall be solely responsible for any content or otherinformation, which he/she downloads or in any other way make publicly available(posts) on the Resource, or by its means. The User shall not download,distribute or post content to the Resource, if he/she is not properly entitledto such activity. In case of infringement of rights being detected, the rulesof filing of notification on the infringement of rights stipulated herein shallbe used.
4.5. The Administrator may, but not shall,review the Resource for a presence of any prohibited content and may delete ordisplace (without notice) any content at its discretion, for any reason orwithout it, including but not limited to deletion or displacement of contentwhich violates these Terms and Conditions, laws and/or may infringe rights,inflict damages or endanger safety of other Users or the third parties.
4.6. Materials on theResource, except those posted by the User, including but not limited to texts,software, scripts, graphics, photos, sounds, music, videos, interactivefunctions, etc. ("Materials") and trademarks, service marksand logos included in it ("Marks") belong to the Administratorrepresenting items of copyright and of any other intellectual property rights.Unauthorized use of such Materials and Marks without prior notice of theAdministrator is not allowed.
5. Notice for Claims of Intellectual PropertyViolations and Copyright Infringement
5.1. If you are a holder of intellectualproperty rights or a person authorized to act in the name of a holder ofintellectual property rights and you reasonably believe that information whichis posted to the Resource someway infringes your intellectual property rightsor intellectual property rights of a person, in which name you act, you mayprovide notification to the Administrator requiring to delete such material. Inthis regard you shall warrant that your appeal has a legal basis, and you actin good faith according to law.
5.2. Providing relevant notificationconcerning infringement of rights you shall ensure that your requestcorresponds to the form below and includes the following:
· - an appeal shouldinclude physical or electronic signature of a person empowered for acting inthe name of a holder of exclusive right, which is believed to be infringed;
· - the items ofintellectual property right, rights on which were supposedly infringed, shallbe specified. If several items exist, the entire list of such items shall beprovided;
· - you shall specifymaterials (with an indication of specific URL-pages), which are stated toinfringe rights or themselves are the objects of infringement;
· - you shall providecontact information so that the Administrator would be able to contact you, forexample, address, phone number, and email address;
· - signed applicationwith regard to your faithful and reasonable believe in that materials being theobjects of complaint concerning infringement of intellectual property rightsare used without a right holder’s or its representative’s consent, and alsothat this is not allowed by law;
· - signed applicationwith regard to that a holder of intellectual property rights releases theAdministrator from any third parties' claims related to deletion of relevantmaterials by the Administrator;
· - signed applicationwith regard to that information contained in a notification is accurate underpenalty of perjury, and you are authorized to act in the name of a holder ofexclusive right, which has been supposedly infringed;
· - statutoryregulations indicated which you believe to be violated in connection to usingof disputable content;
· - state indicated, inwhich territory you believe the rights to be infringed;
· - copies of documentsestablishing rights for an object of intellectual property right, which issubject to security, as well as a document that confirms powers for acting inthe holder’s name, in attachments to your appeal.
· - relevantnotification shall be sent to email email@example.com
6. Antispam policy
These Rules strictly prohibit mailing out ofundesirable advertisements via email, or of any other undesirable messages, orby means of the Resource. Administrator may periodically control lettersdelivery within the Resource for spam mailouts.
7. Limitation of liability
7.1. ALL SERVICES RENDERED BY THEADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, ANDTHE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUTLIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION,PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FORSPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
7.2. THE ADMINISTRATOR MAKES NO WARRANTIESCONCERNING AUTHENTICITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY,STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED BY MEANS OF THERESOURCE; THE ADMINISTRATOR MAKES NO WARRANTIES CONCERNING THAT MANUFACTURING,IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE AND/OR USE OF PRODUCTS ORSERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE RESOURCE DO NOT INFRINGE ANYTHIRD PARTIES’ RIGHTS; AND THE ADMINISTRATOR MAKES NO WARRANTIES ORREPRESENTATIONS OF WHATSOEVER NATURE CONCERNING ANY PRODUCTS OR SERVICESOFFERED OR PROVIDED ON THE RESOURCE.
7.3. Any data downloaded or in any other wayacquired by means of the Resource are created at each User’s discretion, andeach User shall be fully responsible for any damages inflicted to the computersystem or loss of data, which may arise as a result of downloading of any suchdata.
7.4. The Administrator and affiliated partiesshall bear no responsibility for materials posted by the Users, as well as forgoods and services offered by the User for trade. The Administrator disclaimsall warranties regarding that quality of goods and services acquired by meansof the Resource will be consistent with a buyer’s expectations and/or demands.The Administrator makes no warranties about that goods, services or informationordered by means of the Resource will be provided by the Resource User inaccordance with a buyer’s expectations.
8.1. Each User agrees to be obliged toindemnify the Administrator, affiliated parties, directors, officials andemployees from any and all losses, claims, liabilities (as well as from legalcosts to the fullest extent), which may arise following Users’ use of theResource, as a result of violation of any condition of the Terms andConditions, or violation of representations and warranties made by him/hertowards the Administrator.
8.2. Each User hereby agrees to indemnify theAdministrator, affiliated parties, directors, officials and employees from anyand all losses, claims, liabilities, which may arise, whether directly orindirectly, as a result of any claims, made by holders/claimants of the Thirdparties or other parties’ rights, related to the goods and services offered ordisplayed on the Resource. Each User hereby acknowledges that the Administratorshall have no liabilities or responsibilities against you with regard to anydata posted by any other persons, as well as those discreditable or illegal,and risk of losses related to such data remains entirely with each User.
8.3. The Administrator shall not beresponsible for any expressed or implicit, penalty, accidental or consequentiallosses or damage of whatsoever nature (including, but not limited to, lossesrelated to loss of profit or saving, termination of business, loss ofinformation, loss of benefit), incurred as a result of transactioning,negligence, delinquency, or in any other way, or any other losses related tothe following actions:
· - use or impossibilityof use of the Resource;
· - in case of anydefects of goods, patterns, data, information or services purchased ofotherwise acquired from the User or by any other party by means of theResource;
· - infringement of thethird-party's rights or claims, or requirements for production, import, export,distribution, offer, display, acquisition, sale and/or use of User’s productsor services, offered or displayed on the Resource, which may infringe or may bepurported as infringing the third parties’ rights; or a claim of any partyrelated to rights protection;
· - unauthorized thirdparties’ access to any User’s data or personal information;
· - applications oractions of any Resource User; or
· - other actionsrelated to use of Resource and arising by negligence, as well.
9.1. The Administrator reserves a right todelete or block access to information posted by User without notice in theevent of:
· - receiving ofmandatory judgments of competent public authorities;
· - claim of a holder ofintellectual property rights to terminate infringement of his/her rights by auser on the Resource; other infringements of rights or legal interests of otherResource Users, of legal entities or individuals upon their reasonable appeal;
· - detectinginformation, which posting to the Resource is prohibited under these Rules.
9.2. The Administrator shall be entitled toblock access to information posted by users to the Resource at its solediscretion having provided a user with relevant substantiation.
10. Users and organizations interaction
10.1. The Administrator disclaims anyresponsibility for User’s interaction with any organizations and/or persons inthe course of using of the Resource. This includes, but not limited to,payments for and delivery of goods and services, as well as any otherinteraction in relation to other organizations and/or individuals. Transactionsare concluded only between Users and such organizations and/or individuals. TheAdministrator disclaims responsibility for such interactions or other lossesincurred following such relations or interactions. If any dispute arisesbetween you and one or several other users, you shall indemnify theAdministrator, its officials, employees, agents and successors from any and allclaims, requirements and losses (whether direct or indirect) of whatsoever kindor nature, which arise or relate to such disputes and /or goods and services.
11. Mandatory Arbitration.
11.1. Please read this Section carefully. YOUAND ADMINISTRATOR, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS,SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS,AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMSCOURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FORBELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS ANDCONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THATPROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitrationis more informal than a lawsuit in court. Arbitration uses a neutral arbitratorinstead of a judge or jury, allows for more limited discovery than in court,and is subject to very limited review by courts. Arbitrators can award the samedamages and relief that a court can award. Please visit www.adr.org for moreinformation about arbitration.
11.2. Commencing Arbitration. A partyintending to seek arbitration must first send to the other, by an internationalcourier with a tracking mechanism, a written notice of intent to arbitrate (a“Notice”), or, in the absence of a mailing address provided by you toAdministrator, via any other method available to Administrator, including viae-mail. The Notice to Administrator must be addressed to JARAADS.COM ONLINEMARKETPLACE NIGERIA LIMITED (, Lagos, Nigeria), Attn: Chief Executive Officer(the "Arbitration Notice Address"). The Notice must (i) describe thenature and basis of the claim or dispute; and (ii) set forth the specificrelief sought (the "Demand"). If you and Administrator do not reachan agreement to resolve the claim within 30 days after the Notice is received,then you or Administrator may commence an arbitration proceeding as set forthbelow or file a claim in small claims court. THE AMERICAN ARBITRATIONASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCEWITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FORCONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS TERMSAND CONDITIONS. The Rules and AAA forms are available online athttp://www.adr.org. If you are required to pay a filing fee to commence anarbitration against Administrator, then Administrator will promptly reimburseyou for your confirmed payment of the filing fee upon Administrator's receiptof a Notice at the Arbitration Notice Address that you have commencedarbitration along with a receipt evidencing payment of the filing fee, unlessyour Demand is equal to or greater than $1,000 or was filed in bad faith, inwhich case you are solely responsible for the payment of the filing fee.
11.3. Arbitration Proceeding. The arbitrationwill be in English. A single independent and impartial arbitrator with his orher primary place of business in Alexandria, Virginia will be appointedpursuant to the Rules, as modified herein. You and Administrator agree tocomply with the following rules, which are intended to streamline the disputeresolution process and reduce the costs and burdens on the parties: (i) thearbitration will be conducted online and/or be solely based on writtensubmissions, the specific manner to be chosen by the party initiating thearbitration; (ii) the arbitration will not require any personal appearance bythe parties or witnesses unless otherwise mutually agreed in writing by theparties; and (iii) any judgment on the award the arbitrator renders may beentered in any court of competent jurisdiction.
11.4. No Class Actions. TO THE FULLEST EXTENTPERMITTED UNDER LAW, YOU AND ADMINISTRATOR AGREE THAT YOU AND ADMINISTRATOR MAYBRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOTAS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVEPROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATEPROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDEOVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THISSPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THISMANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
11.5. Decision of the Arbitrator. Barringextraordinary circumstances, the arbitrator will issue his or her decisionwithin 120 days from the date the arbitrator is appointed. The arbitrator mayextend this time limit for an additional 30 days in the interests of justice.All arbitration proceedings will be closed to the public and confidential, andall records relating thereto will be permanently sealed, except as necessary toobtain court confirmation of the arbitration award. The award of the arbitratorwill be in writing and will include a statement setting forth the reasons forthe disposition of any claim. The arbitrator will apply the laws of the Stateof California in conducting the arbitration. You acknowledge that these termsand your use of the Service evidences a transaction involving interstatecommerce. The United States Federal Arbitration Act will govern theinterpretation, enforcement, and proceedings pursuant to this Section 11.
11.6. Equitable Relief. The foregoingprovisions of this Section 11 do not apply to any claim in which either partyseeks equitable relief to protect such party’s copyrights, trademarks, orpatents. For the avoidance of doubt, however, you acknowledge that, in theevent Administrator or a third party breaches this Terms and Conditions, thedamage or harm, if any, caused to you will not entitle you to seek injunctiveor other equitable relief against Administrator, and your only remedy will befor monetary damages, subject to the limitations of liability set forth in thisTerms and Conditions.
11.7. Claims. You and Administrator agreethat, notwithstanding any other rights a party may have under law or equity,any cause of action arising out of or related to this Terms and Conditions orthe Service, excluding a claim for indemnification, must commence within oneyear after the cause of action accrues. Otherwise, such cause of action ispermanently barred.
11.8. Improperly Filed Claims. All claims youbring against Administrator must be resolved in accordance with this Section.All claims filed or brought contrary to this Section will be consideredimproperly filed. Should you file a claim contrary to this Section,Administrator may recover attorneys' fees and reimbursement of its costs,provided that Administrator has notified you in writing of the improperly filedclaim, and you have failed to promptly withdraw the claim.
11.9. Modifications. In the event thatAdministrator makes any future change to the "Mandatory Arbitration"paragraph set forth above (other than a change to Administrator's ArbitrationNotice Address), you may reject any such change by sending us written notice withinthirty (30) days of the change to Administrator's Arbitration Notice Address,in which case your account with Administrator and your license to use theService will terminate immediately, and this Section, as in effect immediatelyprior to the amendments you reject, will survive the termination of this Termsand Conditions.
12.1. Except as otherwise provided, if anyprovision of this Terms and Conditions is held to be invalid, void or for anyreason unenforceable, such provision shall be struck out and shall not affectthe validity and enforceability of the remaining provisions. In our solediscretion, we may assign this Terms and Conditions, and in such event, we willpost notice on www.jaraads.com.
12.2. Our failure to act with respect to abreach by you or others does not waive our right to act with respect tosubsequent or similar breaches. We do not guarantee we will take action againstall breaches of this Terms and Conditions.
12.3. The policies posted on our sites may bechanged from time to time. Changes take effect when we post them on theResource.