Terms of Services

Effective Date: February 01, 2017
Last Updated Date: February 01, 2017
Revision No.: 01

PLEASE READ THIS TERMS OF SERVICES AND USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF JNEXT TECHNOLOGY INC. (“JNEXT TECHNOLOGY”), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY JNEXT TECHNOLOGY. THESE TERMS OF SERVICES AND USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, (“USERS”) INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING JNEXT TECHNOLOGY’S MOBILE APPLICATIONS (THE “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF OUR SERVICES AND USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH JNEXT TECHNOLOGY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APPLICATION OR THE SERVICES.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement”.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY JNEXT TECHNOLOGY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Jnext Technology will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below). Jnext Technology may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

  • Use of the Services and Jnext Technology Properties. The Applications, the Software, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (collectively, the “Jnext Technology Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Jnext Technology grants you a limited license to use portions of Jnext Technology’s Properties for the sole purpose of using the Services for your internal business purposes. Unless otherwise specified by Jnext Technology in a separate license, your right to use any Jnext Technology Properties is subject to the Agreement.
    • Application License. Subject to your compliance with the Agreement, Jnext Technology grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use a copy of the Application on device or computer that you own or control and to run such copy of the Application solely for your internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Agreement of Service.
    • Jnext Technology Software. Jnext Technology has developed numerous technology solutions that allow its enterprise customers and their authorized employees to improve their job function and productivity, which is made available via the Website or the Services (“Software”) is governed by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will Company provide you with any tangible copy of our Software. Company shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Agreement and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Agreement. At no time will Jnext Technology provide you with any tangible copy of our Software. Subject to your compliance with the Agreement, Jnext Technology grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement.
    • Updates. You understand that Jnext Technology Properties are evolving. As a result, Jnext Technology may require you to accept updates to Jnext Technology Properties that you have installed on your computer or mobile device. You acknowledge and agree that Jnext Technology may update Jnext Technology Properties with or without notifying you. You may need to update third-party software from time to time in order to use Jnext Technology Properties.
    • Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Jnext Technology Properties or any portion of Jnext Technology Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Jnext Technology Properties (including images, text, page layout or form) of Jnext Technology; (c) you shall not use any metatags or other “hidden text” using Jnext Technology’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Jnext Technology Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Jnext Technology Properties in order to build a similar or competitive website, applications or services; (g) except as expressly stated herein, no part of Jnext Technology Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Jnext Technology Properties. Any future release, update or other addition to Jnext Technology Properties shall be subject to the Agreement. Jnext Technology, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of Jnext Technology Properties terminates the licenses granted by Jnext Technology pursuant to the Agreement.
    • Third-Party Materials. As a part of Jnext Technology Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Jnext Technology to monitor such materials and that you access these materials at your own risk.
  • Registration.
    • Registering Your Account. In order to access certain features of Jnext Technology Properties you are required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Website (“Account”) by using the access credentials provided to such User by such User’s employer.
    • Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Jnext Technology Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Jnext Technology Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Jnext Technology immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jnext Technology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jnext Technology has the right to suspend or terminate your Account and refuse any and all current or future use of Jnext Technology Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time for any application. Jnext Technology reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Jnext Technology Properties if you have been previously removed by Jnext Technology, or if you have been previously banned from any of Jnext Technology Properties.
    • Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Jnext Technology.
    • Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Jnext Technology Properties, including but not limited to, a mobile device that is suitable to connect with and use Jnext Technology Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Jnext Technology Properties.
  • Responsibility for Content.
    • Types of Content. You acknowledge that all files, materials, data, text, audio, video, images or other content, including Jnext Technology Properties (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Jnext Technology, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) of Jnext Technology Properties (“Your Content”), and that you and other Users of Jnext Technology Properties, and not Jnext Technology, are similarly responsible for all Content they Make Available through Jnext Technology Properties (“User Content”).
  • Ownership.
    • Jnext Technology Properties. Except with respect to Your Content and User Content, you agree that Jnext Technology and its suppliers own all rights, title and interest in Jnext Technology Properties (including but not limited to, any computer code) and Surveys. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, Applications or Jnext Technology Properties.
    • Trademarks. Jnext Technology, and other related graphics, logos, service marks and trade names used on or in connection with Jnext Technology Properties or in connection with the Services are the trademarks of Jnext Technology and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Jnext Technology Properties are the property of their respective owners.
    • Other Content. Except with respect to Your Content and User Content, you agree that you have no right or title in or to any Content that appears on or in Jnext Technology Properties.
    • Your Content. Jnext Technology does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in Jnext Technology Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
    • License to Your Content. Subject to any applicable account settings that you select, you grant Jnext Technology a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Jnext Technology Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Jnext Technology Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Jnext Technology, are responsible for all of Your Content that you Make Available on or in Jnext Technology Properties.
    • Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Jnext Technology through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Jnext Technology has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Jnext Technology a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Jnext Technology Properties.
  • User Conduct. As a condition of your use of the Jnext Technology Properties, you agree not to use Jnext Technology Properties for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Jnext Technology Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Jnext Technology’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Jnext Technology or Jnext Technology’s customers; (vi) interferes with or attempt to interfere with the proper functioning of Jnext Technology Properties or uses Jnext Technology Properties in any way not expressly permitted by the Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Jnext Technology Properties, including but not limited to violating or attempting to violate any security features of Jnext Technology Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Jnext Technology Properties, introducing viruses, worms, or similar harmful code into Jnext Technology Properties, or interfering or attempting to interfere with use of Jnext Technology Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Jnext Technology Properties.
  • Investigations. Jnext Technology may, but is not obligated to, monitor or review Jnext Technology Properties and Content at any time. Without limiting the foregoing, Jnext Technology shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Jnext Technology does not generally monitor user activity occurring in connection with Jnext Technology Properties or Content, if Jnext Technology becomes aware of any possible violations by you of any provision of the Agreement, Jnext Technology reserves the right to investigate such violations, and Jnext Technology may, at its sole discretion, immediately terminate your license to use Jnext Technology Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  • User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Jnext Technology reserves the right, but has no obligation, to intercede in such disputes. You agree that Jnext Technology will not be responsible for any liability incurred as the result of such interactions.
  • Third-Party Services.
    • Third-Party Websites, Applications. Jnext Technology Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Jnext Technology Properties and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Jnext Technology. Jnext Technology is not responsible for any Third-Party Websites or Third-Party Applications. Jnext Technology provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites or Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
    • App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Agreement is between you and Jnext Technology and not with the App Store. Jnext Technology, not the App Store, is solely responsible for Jnext Technology Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Jnext Technology Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Jnext Technology Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them.
  • Disclaimer of Warranties and Conditions.
    • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF JNEXT TECHNOLOGY PROPERTIES IS AT YOUR SOLE RISK, AND JNEXT TECHNOLOGY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. JNEXT TECHNOLOGY PARTIES 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 ARISING FROM USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JNEXT TECHNOLOGY OR THROUGH JNEXT TECHNOLOGY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FROM TIME TO TIME, JNEXT TECHNOLOGY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT JNEXT TECHNOLOGY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
    • No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT JNEXT TECHNOLOGY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD JNEXT TECHNOLOGY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  • No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF JNEXT TECHNOLOGY PROPERTIES. YOU UNDERSTAND THAT JNEXT TECHNOLOGY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE INFORMATION OF USERS OF JNEXT TECHNOLOGY PROPERTIES.
  • Limitation of Liability.
    • Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JNEXT TECHNOLOGY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH JNEXT TECHNOLOGY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, WHETHER OR NOT JNEXT TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF JNEXT TECHNOLOGY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A JNEXT TECHNOLOGY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A JNEXT TECHNOLOGY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A JNEXT TECHNOLOGY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • Cap on Liability. UNDER NO CIRCUMSTANCES WILL JNEXT TECHNOLOGY PARTIES BE LIABLE TO YOU FOR MORE THAN THE YEARLY CONTRACT AS A RESULT OF YOUR USE OF JNEXT TECHNOLOGY PROPERTIES.
    • User Content. EXCEPT FOR JNEXT TECHNOLOGY’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA JNEXT TECHNOLOGY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    • Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JNEXT TECHNOLOGY AND YOU.
  • Breach. In the event that Jnext Technology determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Jnext Technology Properties, Jnext Technology reserves the right to delete any of Your Content provided by you or your agent(s) to Jnext Technology Properties and/or discontinue your registration(s) with the any of Jnext Technology Properties, including any Services or any Jnext Technology community.
  • Term and Termination.
    • Term. The Agreement commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Jnext Technology Properties, unless terminated earlier in accordance with the Agreement.
    • Prior Use. Notwithstanding the foregoing, if you used Jnext Technology Properties prior to the date you accepted the Agreement, you hereby acknowledge and agree that the Agreement commenced on the date you first used Jnext Technology Properties (whichever is earlier) and will remain in full force and effect while you use Jnext Technology Properties, unless earlier terminated in accordance with the Agreement.
    • Termination of Services by Jnext Technology. Jnext Technology has the right to, immediately and without notice, suspend or terminate your access to the Jnext Technology Properties. Further, if you have materially breached any provision of the Agreement, or if Jnext Technology is required to do so by law (e.g., where the provision of the Website, the Software, the Application or the Services is, or becomes unlawful), Jnext Technology has the right to, immediately and without notice, suspend or terminate your access to any or all of the Jnext Technology Properties. You agree that all terminations for cause shall be made in Jnext Technology’s sole discretion and that Jnext Technology shall not be liable to you or any third-party for any termination of your Account.
    • Termination of Services by You. If you want to terminate the Services provided by Jnext Technology, you may do so by notifying Jnext Technology at any time that you want to close your Account. Your notice should be sent to the email address of your contact within Jnext Technology.
    • Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  • International Users. Jnext Technology Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Jnext Technology intends to announce such Services or Content in your country. Jnext Technology Properties are controlled and offered by Jnext Technology from its facilities in the United States of America. Those who access or use Jnext Technology Properties from other countries do so at their own volition and are responsible for compliance with local law.
  • General Provisions.
    • Electronic Communications. The communications between you and Jnext Technology use electronic means, whether you visit Jnext Technology Properties or send Jnext Technology e-mails, or whether Jnext Technology posts notices on Jnext Technology Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Jnext Technology in an electronic form; and (2) agree that all Agreement and conditions, agreements, notices, disclosures, and other communications that Jnext Technology provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
    • Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Jnext Technology’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • Force Majeure. Jnext Technology shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Jnext Technology Properties, please contact us at: Jnext Technology, Inc., Attn: Questions, Complaints & Claims, 7750 Okeechobee Boulevard Suite # 4-587, West Palm beach, FL, 33411. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • Exclusive Venue. Both you and Jnext Technology agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Florida.
    • Governing Law THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE AGREEMENT.
    • Notice. Where Jnext Technology requires that you provide an e-mail address, you are responsible for providing Jnext Technology with your most current e-mail address. In the event that the last e-mail address you provided to Jnext Technology is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Jnext Technology’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Jnext Technology at the following address: Jnext Technology, Inc., Attn: Email Addresses, 7750 Okeechobee Boulevard Suite # 4-587, West Palm beach, FL, 33411. Such notice shall be deemed given when received by Jnext Technology by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    • Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    • Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
    End of Agreement