ACCEPTANCE OF TERMS OF USE
By use of this web site, you accept and agree to all terms, conditions and notices contained or referenced on the web site (“Terms of Use”). Please read the following terms carefully. If you do not agree to the Terms of Use, do not use this site. Jerk at Nite, Inc., and its affiliates, subsidiaries and/or assigns (collectively referred to hereafter as “Jerk at Nite”) reserves the right to update or revise the Terms of Use at anytime, and you should therefore check the Terms of Use periodically for changes. Use of the web site following changes to the Terms of Use constitutes your acceptance of those changes.

WEB SITE OWNERSHIP
This website is owned and operated by Jerk at Nite, Inc. All rights are reserved.

PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials on this web site, or made available to you through this web site, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by Jerk at Nite, you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, in whole or part, such content and materials, or create derivative works thereof, including, without limitation, fonts, icons, link buttons, wall paper, desktop themes, on-line postcards, greeting cards or unlicensed merchandise.

DISCLAIMER
Your use of the web site is at your sole risk. All content, materials, information, software, products and services included in or available though this web site (collectively, the “Content”) are provided on an “as is” and “as available” basis. Jerk at Nite expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Jerk at Nite makes no warranty that the Content
(a) will meet your needs or requirements, or is of a certain quality,
(b) is accurate, reliable or correct,
(c) will be available on the web site at any specific time or location,
(d) will be available on the web site uninterrupted, secure or error-free, or
(e) is free of viruses or other harmful components.

No advice or information available on the web site shall create any warranty not stated in the Terms of Use. Any material which you download or obtain via other means from the web site is done at your own risk. In the event a jurisdiction does not allow the exclusion of certain warranties, Jerk at Nite warranties in such jurisdiction shall be limited to the extent permitted by law.

LIMITATION OF LIABILITY
Under no circumstances shall Jerk at Nite or any of its subsidiaries, parents, affiliates, franchisees, agents, employees, licensees, subcontractors, or any third party providers be liable to you for any direct, indirect, incidental, special, circumstantial or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Jerk at Nite has been advised of the possibility of such damages), that result from the use or inability to use this web site.

The foregoing limitation applies regardless of the nature or theory of law upon which such any alleged liability is based. In the event a jurisdiction does not allow the exclusion or limitation of certain damages, Jerk at Nite’s liability in such jurisdiction shall be limited to the extent permitted by law.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Jerk at Nite, its parents, subsidiaries, affiliates, franchisees, and/or assigns together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this web site, your failure to use the site, your breach or alleged breach of the terms of use or your breach of the copyright, trademark, proprietary or other rights of third parties.

THIRD-PARTY WEB SITES
To the extent this site may link you to, or provide a link to, other sites on the Internet, Jerk at Nite is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of those web sites. Links to third-party web sites does not imply any endorsement of, or association with such web sites by Jerk at Nite.

CHOICE OF LAW AND FORUM
These Terms of Use will be governed by and construed in accordance with the laws within the District of Columbia, without regard to its conflicts of laws provisions. You and Jerk at Nite expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the web site shall be in the courts of the District of Columbia, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.

LINKING
Jerk at Nite does not represent that the content on this web site is appropriate or available for use in locations outside the United States, and therefore, accessing the web site from locations where the contents are illegal is prohibited. To the extent you access the web site from such locations, you do so at your own risk and are solely responsible for compliance with local laws.

WAIVER AND SEVERABILITY
The failure of Jerk at Nite to exercise or enforce any right arising from the Terms of Use, a violation of the Terms of Use, or your use of the web site shall not constitute a waiver of such right or provisions. In the event any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, you and Jerk at Nite agree that the court should construe that part in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms of Use shall remain in full force and effect.

TERMINATION
Jerk at Nite reserves the right, in its sole discretion, to terminate or block your access to all or part of this web site, with or without notice.