TERMS OF SERVICE
Last Updated: June 17th, 2021
Welcome, and thank you for your interest in JITX, Inc. (“JITX,” “we,” or “us”) and our website at www.jitx.com (the “Website”) and our proprietary software tool, JITPCB (the “Software”). These Terms of Service are a legally binding contract between you and JITX regarding your use of the Software.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SOFTWARE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING JITX’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SOFTWARE. YOUR USE OF THE SOFTWARE, AND JITX’S PROVISION OF THE SOFTWARE TO YOU, CONSTITUTES AN AGREEMENT BY JITX AND BY YOU TO BE BOUND BY THESE TERMS.
1. JITX Software Overview. Our Software allows you to generate printed circuit board designs (“Designs”).
2. Eligibility. You must be at least 18 years old to register to use the Software. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Software; and (c) your registration and your use of the Software is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. To access all of the features of the Software, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@jitx.com.
4. General Payment Terms. Certain features of the Software may require you to pay fees. Beforeyou pay any fees, you will have an opportunity to review and acceptthe fees that you will be charged. All fees are in U.S. Dollars. Ifyou cancel the your subscription, or we terminate it, you are entitled to a pro-rated refund for the unused time remaining in your subscription period. JITX reserves the right to determine pricing for all Software features.
4.1. Price. JITX reserves the right to determine pricing for the Software. JITX will make reasonable efforts to keep pricing information published on the Website up to date. We encourage you to check our Website periodically for current pricing information. JITX may change the fees for any feature of the Software, including additional fees or charges, if JITX gives you advance notice of changes before they apply. JITX, at its sole discretion, may make promotional offers with different features and different pricing to any of JITX’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2. Authorization. You authorize JITX to charge all sums for the orders that you make and any level of service you select as published by JITX, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, JITX may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3. Subscription Service. The Software may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize JITX to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Software. For information on the “Subscription Fee”, please email info@jitx.com. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: info@jitx.com.
4.4. Delinquent Accounts. JITX may suspend or terminate access to the Software, including fee-based portions of the Software, for any account for which any amount is due but unpaid. In addition to the amount due for the Software, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5. Licenses
5.1. License. Subject to these Terms, JITX hereby grants you a limited, non-exclusive, non-transferable license to install and use the Software and any and all user and technical documentation relating to the Software that is provided by JITX to you (“Documentation”). You may make one copy of the media on which you obtained the Software and the Documentation solely for backup or archival purposes. Your right to use the Software includes the right to use Updates of the Software, if available. As used in these Terms, an “Update” means (a) a release or version of the Software containing functional enhancements, extensions, error corrections or fixes that are generally made available free of charge to JITX’s clients and (b) changes to Documentation that JITX makes from time to time.
5.2. License Restrictions. You will not reverse-engineer, reverse assemble or otherwise attempt to derive the source code to the Software in any manner. You will not remove any copyright notices and other proprietary legends appearing on Software and Documentation. You will not sublicense, resell, license, re-license, distribute or grant other rights in the Software.
5.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Software (“Feedback”), then you hereby grant JITX an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Software and create other products and services.
6. Data
6.1. Limited License Grant. You grant JITX a limited, non-transferable license to use, store, display, reproduce and modify the information and data that you enter into the Software or otherwise provide to JITX, including, without limitation, software code (including source code or object code) in order to generate the Designs (“Your Data”). By using the Software, you agree that we may: (a) collect and use information from you as described in our Privacy Policy; (b) store Your Data on our servers and infrastructure; (c) use automated methods to analyze your use of the Software; and (d) review or monitor how our Software is being accessed and used, for purposes like quality control, improving the Software and verifying your compliance with these Terms. By using the Software, you further authorize us to collect information relating to your use of the Software, such as the frequency of use of certain features, and information on errors occurring during your use of the Software. JITX may use this information to enhance and improve the Software.
6.2. Representations and Warranties. JITX disclaims any and all liability in connection with the Your Data. You are solely responsible for Your Data and the consequences of providing Your Data to JITX. By providing Your Data to JITX, you affirm, represent, and warrant that:
6.2.1. you are the creator and owner of the Your Data, or have the necessary licenses, rights, consents, and permissions to authorize JITX to use Your Data as necessary to provide the Software, in the manner contemplated by JITX and these Terms;
6.2.2. Your Data does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) invade the right of any property rights of any other person; or (iii) cause JITX to violate any law or regulation.
7. Ownership; Proprietary Rights.
7.1. JITX Software. As between JITX and you, all right, title and interest in the Software and Documentation will remain JITX’s exclusive property. The Software and Documentation are the confidential and proprietary property of JITX and/or its licensors. You may not use or copy the Software or Documentation except as expressly permitted hereunder. No right or license is granted or implied under any of JITX’s patents, copyrights, trademarks, trade names, service marks or other intellectual property rights to use the Software or to license or authorize others to use the Software beyond the rights set forth in these Terms.
7.2. Your Data. As between you and JITX, you own all right, title and interest in and to Your Data. Your Data is your confidential and proprietary property.
8. Third Party Services and Linked Websites. JITX may provide tools through the Software that enable you to transmit information, including Your Data, to and from third party services. By using one of these tools, you agree that JITX may transfer information to and obtain access to information stored on the applicable third party service. Third party services are not under JITX’s control, and, to the fullest extent permitted by law, JITX is not responsible for any third party service’s use of your exported information. The Software may also contain links to third party websites. Linked websites are not under JITX’s control, and JITX is not responsible for their content.
9. Prohibited Conduct. BY USING THE SOFTWARE, YOU AGREE NOT TO:
9.1. use the Software for any illegal purpose or in violation of any local, state, national, or international law;
9.2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
9.3. interfere with security-related features of the Software, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Software except to the extent that the activity is expressly permitted by applicable law;
9.4. interfere with the operation of the Software or any user’s enjoyment of the Software, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Software; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Software;
9.5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other account without permission;
9.6. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Confidentiality.
10.1. Definition. “Confidential Information” means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation Your Data, the Software, the Documentation, documents, prototypes, products, technology, know-how, inventions, software and technical or business information), which is designated as “Confidential,” “Proprietary” or some similar designation, or information the confidential or proprietary nature of which is reasonably apparent under the circumstances. Confidential Information does not include information that: (a) is or becomes generally available to the public through no wrongful act of the receiving party; (b) was in the receiving party’s possession prior to the time it was acquired from the disclosing party and which was not directly or indirectly acquired from the disclosing party without an obligation of confidentiality; (c) is independently made available to the receiving party by a third party; (d) is required, in the opinion of the receiving party’s legal counsel, to be disclosed by court order or operation of law, provided that the disclosing party is given notice of any court proceeding and an opportunity to contest disclosure; or (e) is independently developed by or for the receiving party by persons not having exposure to the disclosing party’s Confidential Information.
10.2. Non-Use and Non-Disclosure. Each party will treat as confidential all Confidential Information of the other party, will not use such Confidential Information except to exercise its rights and perform its obligations under these Terms, and will not disclose such Confidential Information to any third party. Without limiting the foregoing, each of the parties will use at least the same degree of care it uses to prevent the disclosure of its own confidential information of like importance, which care will be no less than reasonable care, to prevent the disclosure of Confidential Information of the other party. Each party will promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other party’s Confidential Information.
10.3. Return of Materials. Each party will return or destroy all Confidential Information of the other party and certify in writing within 30 days as to its return or destruction, upon the earlier of a written request at any time by the other party or the termination of these Terms or of all licenses under these Terms, provided, that, following any termination of the licenses set forth in these Terms, JITX may make and retain archival copies of Your Data in a manner consistent with JITX’s practices regarding data retention and backups.
11. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Software. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12. Term, Termination and Modification of the Software
12.1. Term. Unless otherwise specified at the time you activate your subscription, these Terms are effective beginning when you accept the Terms or access, or use the Software, and ending when terminated as described in Section 12.2.
12.2. Termination. If you violate any provision of these Terms, your authorization to access the Software and these Terms automatically terminate. In addition, JITX may, at its sole discretion, terminate these Terms or your account, or suspend or terminate your access to the Software, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@jitx.com.
12.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Software; (b) you will no longer be authorized to access your account or the Software; (c) you must pay JITX any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.3, 13, 14, 15, 16, and 17 will survive.
12.4. Modification of the Software. JITX reserves the right to modify or discontinue the Software at any time (including by limiting or discontinuing certain features of the Software), temporarily or permanently, without notice to you. JITX will have no liability for any change to the Software or any suspension or termination of your access to or use of the Software.
13. Indemnity.
13.1. By JITX. JITX will defend, at its own expense, any legal action brought against you by a third party to the extent that it is based on a claim or allegation that any Software directly infringes a U.S. patent or copyright of such third party, and JITX will pay any costs and damages finally awarded against you in any such action that are attributable to any such claim or incurred by you through settlement thereof, but will not be responsible for any compromise made or expense incurred without its consent. However, such defense and payments are subject to the condition that you give JITX prompt written notice of such claim, allows JITX to direct the defense and settlement of the claim, and cooperates with JITX as necessary for defense and settlement of the claim. Should any Software, or the operation thereof, become or in JITX’s opinion be likely to become, the subject of such claim, JITX may, at JITX’s option and expense, procure for you the right to continue using the Software, replace or modify the Software so that it becomes non-infringing, or terminate the license granted hereunder under such Software and refund to you the fees paid for such Software (less a reasonable charge for your use of the Software). JITX will have no liability for any infringement claim to the extent it; (a) is based on modification of any of the Software other than by JITX, with or without authorization; or (b) is based on any component of the Software supplied to JITX by its licensors; or (c) results from failure of JITX to use the then most recent Update of the Software delivered to you; or (d) is based on the combination or use of the Software by you with any other software, program, hardware or device not provided by JITX if such infringement would not have arisen but for such use or combination; or (e) otherwise results from your use of the Software in a manner not authorized or not in accordance with these Terms ((a) – (e) are collectively, “Excluded Actions”). THE FOREGOING STATES JITX’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR PROPRIETARY RIGHTS INFRINGEMENT.
13.2. By You. You will defend, at its own expense, any legal action brought against JITX to the extent that it: (a) is based on an Excluded Action; or (b) alleges that Your Data infringes any third party’s intellectual property right, and you will pay any costs and damages finally awarded against JITX in any such action that are attributable to any such claim or incurred by JITX through settlement thereof, but will not be responsible for any compromise made or expense incurred without its consent. However, such defense and payments are subject to the condition that JITX gives you prompt written notice of such claim, allows you to direct the defense and settlement of the claim, and cooperates with you as necessary for defense and settlement of the claim.
14. Disclaimers; No Warranties
THE SOFTWARE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. JITX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. JITX DOES NOT WARRANT THAT THE SOFTWARE OR ANY PORTION OF THE SOFTWARE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WEBSITE OR SOFTWARE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND JITX DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE, SOFTWARE OR JITX ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE JITX ENTITIES OR THE SOFTWARE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SOFTWARE) OR ANY LOSS OF DATA, INCLUDING YOUR DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. JITX does not disclaim any warranty or other right that JITX is prohibited from disclaiming under applicable law.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE JITX ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR SOFTWARE OR ANY MATERIALS OR CONTENT ON THE WEBSITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY JITX ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE JITX ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SOFTWARE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO JITX FOR ACCESS TO AND USE OF THE SOFTWARE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Dispute Resolution and Arbitration. These Terms will be interpreted and construed in accordance with the laws of the State of California, without regard to conflict of law principles. If there is any dispute between you and JITX arising out of or in any way related to these Terms (each, a “Dispute”), then authorized representatives of each party will negotiate in good faith to resolve the Dispute. If such representatives cannot resolve the Dispute after no less than thirty (30) days of good faith negotiations, then either party may refer the Dispute to non-binding mediation (“Mediation”) before a mediator appointed by the American Arbitration Association, with each party paying its own attorneys’ fees for the Mediation but equally splitting all other costs for the Mediation; provided, however, that the non-referring party may decline to participate in Mediation, and either party may choose at any time to withdraw from Mediation for any or no reason. For any Dispute that is not resolved through Mediation, the Dispute will be finally resolved by binding arbitration in the Alameda county, California under the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. Judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary in this Section 16, either party may apply to a court of competent jurisdiction in Alameda county, California for injunctive relief, and the parties agree to such venue and waive all rights to challenge such venue on any grounds or theory.
17. Miscellaneous
17.1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and JITX regarding your use of the Software. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
17.2. Federal Government End Use Provisions. JITX provides the Software, and all related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Software include only those rights customarily provided to the public as specified in these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, then it must negotiate with JITX to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in the applicable agreement.
17.3. Export Control. You understand and agree that the Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end user and destination restrictions issued by the U.S. and other governments. You will not directly or indirectly, ship, transfer, downloaded, distribute, or export the Software to any country or use the Software in any manner prohibited by the United States or any applicable export control law, restriction, or regulation. These Terms will automatically terminate upon your failure to comply with the terms of this Section.
17.4. Privacy Policy. Please read the JITX Privacy Policy https://www.jitx.com/legal/privacy carefully for information relating to our collection, use, storage, disclosure of your personal information. The JITX Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
17.5. Additional Terms. Your use of the Software is subject to all additional terms, policies, rules, or guidelines applicable to the Software or certain features of the Software that we may post on or link to from the Website (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
17.6. Consent to Electronic Communications. By using the Software, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17.7. Contact Information. The Software is offered by JITX, Inc., located at 1207 10th Street, Berkeley CA, 94710. You may contact us by sending correspondence to that address or by emailing us at info@jitx.com.
17.8. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Software of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Software or to receive further information regarding use of the Software.
17.9. No Support. We are under no obligation to provide support for the Software. In instances where we may offer support, the support will be subject to published policies.
17.10. International Use. The Software is intended for visitors located within the United States. We make no representation that the Software is appropriate or available for use outside of the United States. Access to the Software from countries or territories or by individuals where such access is illegal is prohibited.
Last Updated: June 17th, 2021
Welcome, and thank you for your interest in JITX, Inc. (“JITX,” “we,” or “us”) and our website at www.jitx.com (the “Website”) and our proprietary software tool, JITPCB (the “Software”). These Terms of Service are a legally binding contract between you and JITX regarding your use of the Software.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SOFTWARE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING JITX’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SOFTWARE. YOUR USE OF THE SOFTWARE, AND JITX’S PROVISION OF THE SOFTWARE TO YOU, CONSTITUTES AN AGREEMENT BY JITX AND BY YOU TO BE BOUND BY THESE TERMS.
1. JITX Software Overview. Our Software allows you to generate printed circuit board designs (“Designs”).
2. Eligibility. You must be at least 18 years old to register to use the Software. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Software; and (c) your registration and your use of the Software is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. To access all of the features of the Software, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@jitx.com.
4. General Payment Terms. Certain features of the Software may require you to pay fees. Beforeyou pay any fees, you will have an opportunity to review and acceptthe fees that you will be charged. All fees are in U.S. Dollars. Ifyou cancel the your subscription, or we terminate it, you are entitled to a pro-rated refund for the unused time remaining in your subscription period. JITX reserves the right to determine pricing for all Software features.
4.1. Price. JITX reserves the right to determine pricing for the Software. JITX will make reasonable efforts to keep pricing information published on the Website up to date. We encourage you to check our Website periodically for current pricing information. JITX may change the fees for any feature of the Software, including additional fees or charges, if JITX gives you advance notice of changes before they apply. JITX, at its sole discretion, may make promotional offers with different features and different pricing to any of JITX’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2. Authorization. You authorize JITX to charge all sums for the orders that you make and any level of service you select as published by JITX, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, JITX may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3. Subscription Service. The Software may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize JITX to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Software. For information on the “Subscription Fee”, please email info@jitx.com. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: info@jitx.com.
4.4. Delinquent Accounts. JITX may suspend or terminate access to the Software, including fee-based portions of the Software, for any account for which any amount is due but unpaid. In addition to the amount due for the Software, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5. Licenses
5.1. License. Subject to these Terms, JITX hereby grants you a limited, non-exclusive, non-transferable license to install and use the Software and any and all user and technical documentation relating to the Software that is provided by JITX to you (“Documentation”). You may make one copy of the media on which you obtained the Software and the Documentation solely for backup or archival purposes. Your right to use the Software includes the right to use Updates of the Software, if available. As used in these Terms, an “Update” means (a) a release or version of the Software containing functional enhancements, extensions, error corrections or fixes that are generally made available free of charge to JITX’s clients and (b) changes to Documentation that JITX makes from time to time.
5.2. License Restrictions. You will not reverse-engineer, reverse assemble or otherwise attempt to derive the source code to the Software in any manner. You will not remove any copyright notices and other proprietary legends appearing on Software and Documentation. You will not sublicense, resell, license, re-license, distribute or grant other rights in the Software.
5.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Software (“Feedback”), then you hereby grant JITX an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Software and create other products and services.
6. Data
6.1. Limited License Grant. You grant JITX a limited, non-transferable license to use, store, display, reproduce and modify the information and data that you enter into the Software or otherwise provide to JITX, including, without limitation, software code (including source code or object code) in order to generate the Designs (“Your Data”). By using the Software, you agree that we may: (a) collect and use information from you as described in our Privacy Policy; (b) store Your Data on our servers and infrastructure; (c) use automated methods to analyze your use of the Software; and (d) review or monitor how our Software is being accessed and used, for purposes like quality control, improving the Software and verifying your compliance with these Terms. By using the Software, you further authorize us to collect information relating to your use of the Software, such as the frequency of use of certain features, and information on errors occurring during your use of the Software. JITX may use this information to enhance and improve the Software.
6.2. Representations and Warranties. JITX disclaims any and all liability in connection with the Your Data. You are solely responsible for Your Data and the consequences of providing Your Data to JITX. By providing Your Data to JITX, you affirm, represent, and warrant that:
6.2.1. you are the creator and owner of the Your Data, or have the necessary licenses, rights, consents, and permissions to authorize JITX to use Your Data as necessary to provide the Software, in the manner contemplated by JITX and these Terms;
6.2.2. Your Data does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) invade the right of any property rights of any other person; or (iii) cause JITX to violate any law or regulation.
7. Ownership; Proprietary Rights.
7.1. JITX Software. As between JITX and you, all right, title and interest in the Software and Documentation will remain JITX’s exclusive property. The Software and Documentation are the confidential and proprietary property of JITX and/or its licensors. You may not use or copy the Software or Documentation except as expressly permitted hereunder. No right or license is granted or implied under any of JITX’s patents, copyrights, trademarks, trade names, service marks or other intellectual property rights to use the Software or to license or authorize others to use the Software beyond the rights set forth in these Terms.
7.2. Your Data. As between you and JITX, you own all right, title and interest in and to Your Data. Your Data is your confidential and proprietary property.
8. Third Party Services and Linked Websites. JITX may provide tools through the Software that enable you to transmit information, including Your Data, to and from third party services. By using one of these tools, you agree that JITX may transfer information to and obtain access to information stored on the applicable third party service. Third party services are not under JITX’s control, and, to the fullest extent permitted by law, JITX is not responsible for any third party service’s use of your exported information. The Software may also contain links to third party websites. Linked websites are not under JITX’s control, and JITX is not responsible for their content.
9. Prohibited Conduct. BY USING THE SOFTWARE, YOU AGREE NOT TO:
9.1. use the Software for any illegal purpose or in violation of any local, state, national, or international law;
9.2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
9.3. interfere with security-related features of the Software, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Software except to the extent that the activity is expressly permitted by applicable law;
9.4. interfere with the operation of the Software or any user’s enjoyment of the Software, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Software; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Software;
9.5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other account without permission;
9.6. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Confidentiality.
10.1. Definition. “Confidential Information” means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation Your Data, the Software, the Documentation, documents, prototypes, products, technology, know-how, inventions, software and technical or business information), which is designated as “Confidential,” “Proprietary” or some similar designation, or information the confidential or proprietary nature of which is reasonably apparent under the circumstances. Confidential Information does not include information that: (a) is or becomes generally available to the public through no wrongful act of the receiving party; (b) was in the receiving party’s possession prior to the time it was acquired from the disclosing party and which was not directly or indirectly acquired from the disclosing party without an obligation of confidentiality; (c) is independently made available to the receiving party by a third party; (d) is required, in the opinion of the receiving party’s legal counsel, to be disclosed by court order or operation of law, provided that the disclosing party is given notice of any court proceeding and an opportunity to contest disclosure; or (e) is independently developed by or for the receiving party by persons not having exposure to the disclosing party’s Confidential Information.
10.2. Non-Use and Non-Disclosure. Each party will treat as confidential all Confidential Information of the other party, will not use such Confidential Information except to exercise its rights and perform its obligations under these Terms, and will not disclose such Confidential Information to any third party. Without limiting the foregoing, each of the parties will use at least the same degree of care it uses to prevent the disclosure of its own confidential information of like importance, which care will be no less than reasonable care, to prevent the disclosure of Confidential Information of the other party. Each party will promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other party’s Confidential Information.
10.3. Return of Materials. Each party will return or destroy all Confidential Information of the other party and certify in writing within 30 days as to its return or destruction, upon the earlier of a written request at any time by the other party or the termination of these Terms or of all licenses under these Terms, provided, that, following any termination of the licenses set forth in these Terms, JITX may make and retain archival copies of Your Data in a manner consistent with JITX’s practices regarding data retention and backups.
11. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Software. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12. Term, Termination and Modification of the Software
12.1. Term. Unless otherwise specified at the time you activate your subscription, these Terms are effective beginning when you accept the Terms or access, or use the Software, and ending when terminated as described in Section 12.2.
12.2. Termination. If you violate any provision of these Terms, your authorization to access the Software and these Terms automatically terminate. In addition, JITX may, at its sole discretion, terminate these Terms or your account, or suspend or terminate your access to the Software, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@jitx.com.
12.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Software; (b) you will no longer be authorized to access your account or the Software; (c) you must pay JITX any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.3, 13, 14, 15, 16, and 17 will survive.
12.4. Modification of the Software. JITX reserves the right to modify or discontinue the Software at any time (including by limiting or discontinuing certain features of the Software), temporarily or permanently, without notice to you. JITX will have no liability for any change to the Software or any suspension or termination of your access to or use of the Software.
13. Indemnity.
13.1. By JITX. JITX will defend, at its own expense, any legal action brought against you by a third party to the extent that it is based on a claim or allegation that any Software directly infringes a U.S. patent or copyright of such third party, and JITX will pay any costs and damages finally awarded against you in any such action that are attributable to any such claim or incurred by you through settlement thereof, but will not be responsible for any compromise made or expense incurred without its consent. However, such defense and payments are subject to the condition that you give JITX prompt written notice of such claim, allows JITX to direct the defense and settlement of the claim, and cooperates with JITX as necessary for defense and settlement of the claim. Should any Software, or the operation thereof, become or in JITX’s opinion be likely to become, the subject of such claim, JITX may, at JITX’s option and expense, procure for you the right to continue using the Software, replace or modify the Software so that it becomes non-infringing, or terminate the license granted hereunder under such Software and refund to you the fees paid for such Software (less a reasonable charge for your use of the Software). JITX will have no liability for any infringement claim to the extent it; (a) is based on modification of any of the Software other than by JITX, with or without authorization; or (b) is based on any component of the Software supplied to JITX by its licensors; or (c) results from failure of JITX to use the then most recent Update of the Software delivered to you; or (d) is based on the combination or use of the Software by you with any other software, program, hardware or device not provided by JITX if such infringement would not have arisen but for such use or combination; or (e) otherwise results from your use of the Software in a manner not authorized or not in accordance with these Terms ((a) – (e) are collectively, “Excluded Actions”). THE FOREGOING STATES JITX’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR PROPRIETARY RIGHTS INFRINGEMENT.
13.2. By You. You will defend, at its own expense, any legal action brought against JITX to the extent that it: (a) is based on an Excluded Action; or (b) alleges that Your Data infringes any third party’s intellectual property right, and you will pay any costs and damages finally awarded against JITX in any such action that are attributable to any such claim or incurred by JITX through settlement thereof, but will not be responsible for any compromise made or expense incurred without its consent. However, such defense and payments are subject to the condition that JITX gives you prompt written notice of such claim, allows you to direct the defense and settlement of the claim, and cooperates with you as necessary for defense and settlement of the claim.
14. Disclaimers; No Warranties
THE SOFTWARE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. JITX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. JITX DOES NOT WARRANT THAT THE SOFTWARE OR ANY PORTION OF THE SOFTWARE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WEBSITE OR SOFTWARE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND JITX DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE, SOFTWARE OR JITX ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE JITX ENTITIES OR THE SOFTWARE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SOFTWARE) OR ANY LOSS OF DATA, INCLUDING YOUR DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. JITX does not disclaim any warranty or other right that JITX is prohibited from disclaiming under applicable law.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE JITX ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR SOFTWARE OR ANY MATERIALS OR CONTENT ON THE WEBSITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY JITX ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE JITX ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SOFTWARE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO JITX FOR ACCESS TO AND USE OF THE SOFTWARE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Dispute Resolution and Arbitration. These Terms will be interpreted and construed in accordance with the laws of the State of California, without regard to conflict of law principles. If there is any dispute between you and JITX arising out of or in any way related to these Terms (each, a “Dispute”), then authorized representatives of each party will negotiate in good faith to resolve the Dispute. If such representatives cannot resolve the Dispute after no less than thirty (30) days of good faith negotiations, then either party may refer the Dispute to non-binding mediation (“Mediation”) before a mediator appointed by the American Arbitration Association, with each party paying its own attorneys’ fees for the Mediation but equally splitting all other costs for the Mediation; provided, however, that the non-referring party may decline to participate in Mediation, and either party may choose at any time to withdraw from Mediation for any or no reason. For any Dispute that is not resolved through Mediation, the Dispute will be finally resolved by binding arbitration in the Alameda county, California under the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. Judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary in this Section 16, either party may apply to a court of competent jurisdiction in Alameda county, California for injunctive relief, and the parties agree to such venue and waive all rights to challenge such venue on any grounds or theory.
17. Miscellaneous
17.1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and JITX regarding your use of the Software. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
17.2. Federal Government End Use Provisions. JITX provides the Software, and all related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Software include only those rights customarily provided to the public as specified in these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, then it must negotiate with JITX to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in the applicable agreement.
17.3. Export Control. You understand and agree that the Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end user and destination restrictions issued by the U.S. and other governments. You will not directly or indirectly, ship, transfer, downloaded, distribute, or export the Software to any country or use the Software in any manner prohibited by the United States or any applicable export control law, restriction, or regulation. These Terms will automatically terminate upon your failure to comply with the terms of this Section.
17.4. Privacy Policy. Please read the JITX Privacy Policy https://www.jitx.com/legal/privacy carefully for information relating to our collection, use, storage, disclosure of your personal information. The JITX Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
17.5. Additional Terms. Your use of the Software is subject to all additional terms, policies, rules, or guidelines applicable to the Software or certain features of the Software that we may post on or link to from the Website (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
17.6. Consent to Electronic Communications. By using the Software, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17.7. Contact Information. The Software is offered by JITX, Inc., located at 1207 10th Street, Berkeley CA, 94710. You may contact us by sending correspondence to that address or by emailing us at info@jitx.com.
17.8. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Software of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Software or to receive further information regarding use of the Software.
17.9. No Support. We are under no obligation to provide support for the Software. In instances where we may offer support, the support will be subject to published policies.
17.10. International Use. The Software is intended for visitors located within the United States. We make no representation that the Software is appropriate or available for use outside of the United States. Access to the Software from countries or territories or by individuals where such access is illegal is prohibited.