This Member Agreement (the "Terms") governs your rights and responsibilities related to Jewelers Crime Alert Network’ ("JCAN") services including all of JCAN’s websites, domains, apps, products, services, features and marketing campaigns (the "Services"). When you register to use our Services, you become a "Member." If you have chosen not to register for our Services, you may still be able to access certain aspects of or made available by our Services as a "Visitor." By accessing or using our Services, whether as a Member or Visitor, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms as a legally binding contract with JCAN (even if you are using the Services on behalf of a company), so please take a moment to read these legally binding Terms.

If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.

Throughout these Terms, we use "JCAN", "we", "us" and "our" to refer to the companies offering our Services to you.

  • a. Eligibility: You may use our Services only if you can legally form a binding contract with JCAN, and only in compliance with these Terms and all applicable laws. You can’t use the Services if (1) you are a child and you would need parental or guardian consent to fully use the Services (e.g., as is the case if you are under 13 pursuant to COPPA); (2) you are a registered sex offender in any jurisdiction or are otherwise subject to applicable law, order or legal action barring you from using or accessing an online service that permits use by minor children; (3) we previously disabled your Account for violations of these Terms or other of our policies; or (4) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.
  • b. Becoming a Member: When you register to become a Member, you must provide us with accurate and complete information. We reserve the right to reject and terminate any registrations submitted with false or inaccurate registration information, or otherwise submitted in violation of these Terms.
  • c. Account Types and Access: Members may create, operate, maintain, or otherwise use an account on the Services ("Account(s)") for personal and/or business use. Each individual is limited to one Account per residence and each business is limited to one Account per business location. You are responsible for maintaining the security of your Account login information and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account.
  • d. Permitted Activities: You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available (such as our website, apps, and APIs), and in each case subject to any other terms we provide governing their permitted uses.

Subject to your complete and ongoing compliance with these Terms and all applicable guidelines and policies, JCAN hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Services as provided herein. The foregoing license grant is not a sale of the Services or any portion thereof, and JCAN retains all of our rights, title, and interest in the Services and all copies thereof.

  • a. Generally, Some areas of the Services allow Members to post, publish, submit, upload, transmit, or otherwise make available on the Services content such as profile pictures or information, photos, images, music, videos, information, comments, recommendations, questions, messages, and other content or information (“Content”) (any such Content that a Member does make available or submit is referred to as “Member Content”). You retain ownership of your Member Content.
  • b. License Grant to JCAN: You hereby grant to JCAN a non-exclusive, transferable, fully sublicensable (through multiple-tiers), royalty-free, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your Member Content. You represent and warrant that you are the creator and owner of your Member Content, or that you have the necessary licenses, rights, consents, and permissions to authorize JCAN to exercise the licenses granted by you in this section in the manner contemplated by these Terms.
  • c. License Grant to Downstream Users: You also hereby grant each user of the Services a non-exclusive license to access your Member Content through the Services and to use, reproduce, distribute, display, and perform such Member Content as permitted through the functionality of the Services and under these Terms.
  • d. Feedback: We welcome you to share any feedback, suggestions, or ideas you have about JCAN and our Services with us (“Feedback”); You agree that in sharing your Feedback, you hereby grant JCAN an unrestricted, perpetual, irrevocable, non-exclusive, sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit and in connection with any of our products and services now known or hereinafter developed.
  • e. Sharing Content: We invite you to share Content from JCAN through our sharing features, including the Share button. Copying, sharing, or redistributing Content by any other means, including through web scraping, is prohibited.

  • a. Community Guidelines: At JCAN, we believe that neighborly behavior is the foundation of healthy communities. We may limit the distribution of or remove Content in our sole discretion. We reserve the right to proactively moderate Content, although we expressly disclaim any obligation to do so, and we can remove Content, suspend, delete, or deactivate your Account, limit Account privileges, or otherwise refuse service to you, if you violate these Terms, or our other policies, or if you infringe the intellectual property, or otherwise engage in behavior that we think may harm JCAN, or any of our Members.
  • b. Prohibited Conduct: Without limiting other restrictions contained in these Terms, you agree that you will not, under any circumstances
    • (i) gain or attempt to gain unauthorized access to any part of the Services, including the Accounts of other Members (such through the use of bots or other automations as well as the unauthorized use of legitimate Member credentials);
    • (ii) interfere with, disrupt, or damage our Services or attempt to do the same (such as by posting viruses, instigating a denial of service attack, or spamming Members);
    • (iii) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers;
    • (iv) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure;
    • (v) conduct facial recognition or other biometric analysis of the Content (as defined below) posted on JCAN;
    • (vi) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
    • (vii) licensing, selling, transfering, assigning, distributing, hosting, or otherwise commercially exploiting the Services or Content;
    • (viii) modifying, preparing derivative works of, disassembling, decompiling, reverse engineering or circumventing any security or authentication measures of any part of the Services or Content;
    • (ix) accessing the Services or Content in order to build a similar or competitive website, product, or service, or
    • (x) otherwise access or use the Services in an unlawful or unanticipated manner. For clarity, any attempt to engage in any of the behaviors listed in this section is also prohibited.
  • c. Disputes Between Members: Waiver of Claims Against JCAN. In the real world and online, people sometimes disagree. If you have a dispute with another Member, we hope that you will be able to work it out amicably. However, if you can’t, please understand that JCAN is not responsible for the actions of our Members. Each of our Members is solely responsible for their own actions and behavior, whether they are using JCAN or chatting with a member over the back fence. Accordingly, you agree that JCAN has no responsibility for the conduct of Members or other third parties and, to the maximum extent permitted by applicable law, you hereby release JCAN (defined below) from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes involving you and other Members. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
  • d. Community Moderation: WE ARE NOT RESPONSIBLE FOR THE ACTIONS TAKEN BY MEMBERS. We reserve the right to overturn any action taken by Members if we, in our sole discretion, believe that such action is not in the interest of JCAN. We reserve the right to revoke or limit a Member’s access to these tools at any time, with or without notice, for any reason or no reason, including for a breach of these Terms.
  • e. Content Responsibility: You are solely responsible for your content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  • f. Inappropriate, False, or Misleading Content: This should be common sense, but there are certain types of content we don’t want to be posted (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

  • a. Using the JCAN Community: Be honest and transparent about who you are. Don't use a fake identity. Be respectful towards other sellers and buyers and, when in doubt, lead with kindness, assume best intentions and act on that basis. Don't use community spaces to publicly disparage a specific seller or buyer, a JCAN representative, business, or listing of an item. Don't use community tools or spaces to interfere with another seller’s business. Don't spam. This includes unsolicited or duplicate posts or links to your shop, fundraisers, surveys, social media or other promotional content. Don't use community spaces to harass other sellers. Similarly, don't post content in community spaces that may promote, support, or glorify hatred, misinformation, or that would be in violation of JCAN’s policies. Don't publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity. Don't engage in illegal activity or activity that infringes someone's intellectual property, or encourage others to engage in that type of activity. Don't use community spaces to encourage others to violate JCAN’s policies.
  • b. Group Page Posting: By using JCAN, you acknowledge and agree that:
    • 1) Your role is to help us create a safe space for sellers to learn from one another and grow their businesses
    • 2) Your contributions help us build storehouse of valuable knowledge and experiences that are available to everyone.
    • 3) Tone is challenging to interpret on a public forum and our community spaces are for JCAN users at every level. When in doubt, lead with empathy and kindness.
    • 4) Your posts will stay on topic. Off topic posts may be removed.
    • 5) Your posts should be helpful, constructive, and encouraging when voicing dissent or criticism. Don't harass, target, insult, troll, or call out other members or JCAN representatives.
    • 6) Moderators may take certain actions to keep the Page welcoming, organized, and helpful for everyone. Such actions are not up for public discussion.
    • 7) You will respect others’ opinions and report content responsibly. Flagging posts is reserved for content that specifically violates JCAN’s policies.
    • 8) JCAN reserves the right to remove content from the Page at any time for any reason, including, for example, violation of our policies, removal of dormant content, content that causes privacy issues, or due to changes to how the Forums operate.

  • a. Notifications: By default, you will receive notifications from JCAN related to your use of and interactions with the Services within the Services, to the email address to which your Account is linked, and on your device or browser. You may also opt in to other kinds of notifications. You can change your preferences about receiving messages from JCAN and customize your default notifications in your preference settings. You can use these preference settings to unsubscribe to specific notification types by email or text message. 
  • b. Invitations: You can use our Services to send individuals who are not Members invitations, such as by post mail, email, or text message, to register for the Services (“Invitations”). You acknowledge that these Invitations, which we may help to facilitate through our Services, are sent by you and not by JCAN. Such Invitations may identify you as the person inviting the user and may include details about you or your business. For example, you may invite your others to JCAN by requesting to have us send to them an Invitation, which may include your name. You acknowledge that certain third-party fees, such as those from your mobile carrier or Internet service provider, may apply to the use and operation of your device in connection with your sending an Invitation and that you are solely responsible for any such third-party fees.

Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by JCAN. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, advertisement, service, or other Content from JCAN, you do so at your own risk. JCAN may not warn you that you are leaving the Services and are subject to the terms and conditions of another website or domain, which is not under the control of JCAN. You agree that JCAN has no liability arising from your use of or access to any third-party website, service, or Content.

We may offer additional Services and product features, or add, change, or discontinue our existing Services and product features at any time and in any region, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Services or the affected feature.

You agree to defend, indemnify, and hold JCAN and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “JCAN Entities”) harmless from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, made by any third party due to or arising out of any and all of the following:
  • (a) your use of the Services;
  • (b) your violation of these Terms;
  • (c) your violation of applicable laws or regulations;
  • (d) your violation of any rights of another party, including any Members;
  • (e) your interactions and transactions with other Members; or
  • (f) your Member Content.
We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.

  • a. Disclaimers; no warranties: You understand and agree that to the maximum extent permitted by applicable law your access to and use of the services or any content are at your own risk. Our services are provided to you on an “as is” And “as available” Basis, with all faults. Without limiting the foregoing and to the maximum extent permitted by applicable law, JCAN expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.JCAN make no warranty or representation and disclaim all responsibility and liability for
    • (i) the completeness, accuracy, availability, timeliness, security, or reliability of the services;
    • (ii) any harm to computer systems, loss of data, or other harm that results from access to or use of the services;
    • (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services;
    • (iv) viruses or other harmful components distributed by the services; and
    • (v) whether the services will meet requirements or be available on an uninterrupted, secure, or error-free basis.
    We can’t guarantee continuous or secure access to the services, and operation of the services may be interfered with by numerous factors outside of our control. No advice or information, whether oral or written, obtained from JCAN or through the services will create any warranty not expressly made herein.
  • b. Liability limits: You understand and agree that, to the maximum extent permitted by applicable law, JCAN shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from
    • (i) your access to or use of or inability to access or use the services;
    • (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other members or third parties;
    • (iii) any content obtained from the services; or
    • (iv) unauthorized access, use, or alteration of your account, transmissions or content. In no event shall the aggregate liability of JCAN exceed the greater of(a) the total amount paid or payable to JCAN by you for the services during the six-month period prior to the act, omission, or occurrence giving rise to such liability; or (b) one hundred u.s.Dollars($100). The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort or otherwise, and whether or not the parties have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
  • c. No liability for conduct of other members: You are solely responsible for all of your communications and interactions with other members or other users of the services.You understand that JCAN does not make any attempt to verify the statements of members or other users of the services. JCAN makes no warranty that any goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. JCAN makes no warranty regarding the quality of such goods or services, nor the accuracy, timeliness, truthfulness, completeness, or reliability of any content made available by third parties on or through the services.
  • d. Exclusion of damages: Certain jurisdictions do not allow the exclusion or limitation of certain damages.If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.
  • e. Basis of the bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between JCAN and you.

If a dispute arises between you and JCAN, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, if you have a dispute with JCAN, you agree to contact us and try to resolve the dispute informally before pursuing other avenues, including arbitration.

  • a. Term and Termination: The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Terms.
    • (i) Termination by You. You may terminate these Terms with JCAN at any time by deactivating your Account(s) and discontinuing your use of the Services.
    • (ii) Termination by JCAN. We may suspend, terminate, delete, or deactivate your Account(s) or stop providing you with all or part of the Services at any time for any or no reason, with or without notice, without liability to you.
    • (iii) Survival. In the event of termination, whether by you or by us, Section 4 (Rights You Grant), Section 9 (Indemnification), Section 10 (Disclaimers; Limitation of Liability), Section 11 (Dispute Resolution), Section 12 (General), and Section 13 (Jurisdiction Specific Provisions) of these Terms shall survive.
  • b. Member Support: We care about your concerns, issues, thoughts, and suggestions. Please email us at ].
  • c. Integration: These Terms constitute the entire agreement between you and us with respect to our Services, and supersede any other agreements or understandings (oral or written).
  • d. Update: We reserve the right to amend these Terms and any Supplemental Terms at any time. We will notify you of any material changes as legally required (for example, by emailing you, or by posting an amendment notice in your newsfeed). Such changes to the Terms shall be effective immediately for new Visitors. Changes to applicable policies and guidelines are effective immediately unless otherwise stated. If you keep using JCAN after a change to Terms is effective, you accept and agree to be bound by the new terms; if you disagree with the new terms, you must stop using the Services and delete your Account(s).
  • e. Notices: Notice to JCAN under these Terms must be in writing and sent to JCAN using the relevant contact information set out in the introductory paragraph above. Notices will be deemed given upon personal delivery, upon delivery if by mail, or upon valid transmission through email.
  • f. No Agency: These Terms do not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship between you and JCAN.
  • g. Miscellaneous: You may not assign any of your rights or obligations under these Terms without our prior written consent, which consent may be with held in our sole discretion. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of you and JCAN, and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than you and JCAN. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its member states or any member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete, and accurate, you shall notify us immediately.

a. United States: If you live in the United States, this section applies to you:
  • (i) Governing Law, Jurisdiction and Venue. These Terms are to be governed by and interpreted under Illinois law, without regard to its conflict of law principles. This governing law provision is limited to specifying the choice of law to be used in the governance and interpretation of these Terms, and shall not create any other substantive right to assert claims under Illinois law, whether under statute, common law, or otherwise. This section is only intended to specify the use of Illinois law to interpret these Terms. Both you and JCAN agree that all claims or  disputes arising out of or relating to these Terms (or any Supplemental Terms, unless expressly otherwise set forth in such Supplemental Terms) that are not subject to mandatory arbitration as set forth in  these Terms shall be resolved exclusively in the U.S. District Court for the Northern District of Illinois or county courts situated in Cook County, and you hereby submit to the exclusive jurisdiction thereof.
  • (ii) Arbitration Agreement. You and JCAN agree to the arbitration and dispute resolution terms in this Section (Section 16) (the “Arbitration Agreement”). For the purposes of this Arbitration Agreement, references to “JCAN,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs.
  • (iii) Applicability. Any dispute or claim arising out of or relating in any way to your access or use of the Services, or to any aspect of your relationship with JCAN (including without limitation as a business), shall be resolved by binding arbitration, rather than in court.
  • (iv) Emergency Equitable Relief. Notwithstanding the other provisions in this Arbitration Agreement, either you or JCAN may seek a temporary restraining order or other temporary equitable relief from a state or federal court of competent jurisdiction, in order to maintain the status quo pending arbitration. A request for emergency equitable reliefs shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement, including the requirement to individual arbitration as set forth herein.
  • (v) Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce and that notwithstanding the provision above with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings in accordance therewith. If, for whatever reason, the FAA is inapplicable, the state law governing arbitration agreements in the state in which you reside shall apply.
  • (vi) Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are (1) all disputes arising out of or relating to the class action waiver, including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; and (2) all disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration will decide the rights and liabilities, if any, of you and JCAN. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • (vii) Waiver of Jury Trial. YOU AND JCAN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  • (viii) Severability. Any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  • (ix) Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with JCAN.