Terms and Conditions
Your use of this Website, including, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. This Agreement governs and applies to your access to and use of this Website and its related domains on which this document appears, any order you place through this Website and Websites on which the document appears, and, as applicable, your use of other products or services of JAY ENTERPERISERS. To the extent of any express inconsistency with any other agreement you may have with JAY ENTERPERISERS for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If this Agreement refers or relates to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Website.
For avoidance of doubt, this Agreement applies to:
Software: Your purchase of licenses from JAY ENTERPERISERS for JAY ENTERPERISERS’s computer software products described below (“Software” and “Software Licenses”), which includes maintenance and technical support for the Software as described more fully in the Terms;
Services: Your purchase of JAY ENTERPERISERS ITWARD, JAY ENTERPERISERS’s non-Software technical support services for your computer, including non-Software repair, maintenance, and technical support, and Online Backup, JAY ENTERPERISERS’s online backup and storage service (together, “the Services”) as described more fully in these Terms; and
Websites: Your access to and use of JAY ENTERPERISERS’s Websites, including: www.repairbases.com; www.repairbases.us(collectively, the “Websites”).
Your use of JAY ENTERPERISERS’s Software is subject to an End User License Agreement, which is described below.
When you purchase Software Licenses and/or Services and when you access the Websites: (a) you represent and warrant to JAY ENTERPERISERS that you have the legal capacity to agree to these Terms; (b) you represent and warrant to JAY ENTERPERISERS that all information you provide to JAY ENTERPERISERS, including information relating to your payment for Software Licenses and/or Services, is correct; (c) you acknowledge and agree to abide by the terms and conditions set forth in these Terms; and (d) you acknowledge and agree that these Terms also apply to all entities with which JAY ENTERPERISERS may have contractual relationships in connection with the Software and/or Services. If you do not agree to these Terms, you may not use the Products or Services and you may not access the Websites.
This Website is intended for visitors from the United States. The Website is not intended for any children under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE JAY ENTERPERISERS’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Payments for Purchases and Automatic Renewals
If you purchase the Services and your payment is not successfully processed, we will attempt to notify you and your services will be suspended and you will have up to thirty (30) days to contact JAY ENTERPERISERS to correct or update your billing information. At the time your service(s) are reinstated, you will be billed for the full period for which you have contracted the Services (in other words, the amount due for the contracted period of time will not be pro-rated) and, in addition, you also may be billed a reinstatement fee. If you do not correct or update your account information during the thirty (30) day period, your Services account will be cancelled. When your billing information has been corrected or updated, your subscription will be effective as of your original date of purchase and you will be billed accordingly.
With respect to Online Backup, you will have up to ten days from the date of cancellation to remove all files that you have backed up. Following the expiration of the ten-day period, all of your backed-up files will be deleted.
When you purchase Software Licenses and/or Services, you are entitled to use the Software and Services, as applicable, for the duration of the initial period you purchased, which is set forth in the documents and information relating to your purchase (“the Initial Subscription”). At the end of the Initial Subscription,
Renewal payments are billed on or about the last day of the Initial Subscription and each renewal period thereafter until the applicable subscription is terminated.
Electronic Signatures and Agreements
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service. You agree that if you are ordering Software or Services on behalf of a company, that you have sufficient authority to bind that company to this Agreement.
We reserve the right to refuse or discontinue the supply of the services and products to any user at any time at our sole discretion.
JAY ENTERPERISERS offers Software Licenses pursuant to the terms of an End User License Agreement (the “EULA”) between you and JAY ENTERPERISERS. Your purchase and use of, and JAY ENTERPERISERS’s obligations with respect to, the Software are governed solely by the EULA and these Terms. In the event of any conflict between any provision in these Terms and any provision in the EULA, the provision that is more favorable to JAY ENTERPERISERS shall apply. The Software is the copyrighted work of JAY ENTERPERISERS and is licensed to you by JAY ENTERPERISERS pursuant to the EULA. JAY ENTERPERISERS retains full and complete title to the Software and to all intellectual property rights to the Software. As a result, you do not own the Software, and your limited rights to use the Software are set forth in the EULA.
You will be unable to install any Software unless you, or a ITWARD agent acting on your behalf and with your permission, first agree to the terms and conditions of the EULA.
The Operation of the Software
Certain Software scans some or all your computer’s system and data files, memory, registry, and email programs, and monitors programs that are operating, including Internet activity, for: (1) known, malicious, unwanted spyware, adware, malware, virus and other threats to your computer, programs, registry and information (“Threats”); and (2) for potential Threats (“Potential Threats”). Threats are deleted and JAY ENTERPERISERS then maintains a file in order to reverse the removal if appropriate. Potential Threats are sent to JAY ENTERPERISERS, where they are analyzed and, if appropriate, identified as Threats. The Software downloads to your computer Threat definition information to protect the computer from future infection by the Threats and Potential Threats. The Software will receive this information either directly from JAY ENTERPERISERS or by means of other customers’ computers through the Argus Network, as described below.
Certain Software scans for software and registry entries that have been installed or added to your computer which: (1) may track your information and Internet activity for the purpose of generating advertisements; (2) may transmit information on your computer to other persons; (3) may impair the operation of your computer; or (4) may represent an unwanted communication with you (“Potentially Unwanted Software”). If the Software detects Potentially Unwanted Software, you will be asked whether you want the Potentially Unwanted Software removed and quarantined. However, by removing Potentially Unwanted Software: (1) other software on your computer that you want to operate may cease to operate properly; and (2) other software that you want to retain may be disabled or removed.
You acknowledge that the Software may not be able to detect all Potential Threats, Potentially Unwanted Software, and unnecessary and invalid registry entries on your computer.
Certain Software will send to JAY ENTERPERISERS, at your discretion information relating to: (1) Threats, Potential Threats, and Potentially Unwanted Software; and (2) the IP address country location of your computer.
We also may collect (with your authorization) the following information about your computer:
Technical information about the basic configuration and operation of your computer, including operating system version, processor type, disk space, memory space, and number of drivers.
Information about JAY ENTERPERISERS Software on your computer, including the version and when it was installed and upgraded.
Certain events that occur on your computer, including when JAY ENTERPERISERS Software is installed, when JAY ENTERPERISERS Software receives threat updates, and when errors occur in JAY ENTERPERISERS Software.
This information is sent to JAY ENTERPERISERS with your authorization, and it is stored in an anonymous form that cannot be used to identify you. By way of explanation, JAY ENTERPERISERS knows, based on the information, that there is a customer with a certain kind of computer that is performing certain functions. JAY ENTERPERISERS does not know the customer’s identity. In the event that it is necessary for JAY ENTERPERISERS to learn your identity in order to diagnose certain kinds of problems or to monitor your computer for certain events, you will be asked to authorize JAY ENTERPERISERS to collect the additional information. You can make your selection as to whether JAY ENTERPERISERS may collect this additional information before the software is installed or by using a control panel included in the software. With respect to your selection, (i) Early Detection Center (“EDC”) Software permits you to change your selection at any time by using the control panel and (ii) PCO permits you to designate your selection only at the time of installation (i.e., you cannot change it later).
We do not sell or otherwise provide any of the above-mentioned information to unaffiliated third parties and use it only to improve our products and offer better service to our customers.
The services and/or software provided by JAY ENTERPERISERS seek to diagnose your computer for, among other problems, viruses and spyware. JAY ENTERPERISERS continues to update Antivirus 4.0 to help ensure that they do not misidentify threats. However, it is possible that the JAY ENTERPERISERS Software could misidentify legitimate data on your computer as a threat and, in removing it, could cause serious damage to your computer. In addition, this may include among the results for tracking cookie objects, a cookie used by one or more of our Websites on which you reviewed or downloaded a JAY ENTERPERISERS software product. You agree that JAY ENTERPERISERS’s liability is limited as set forth in the sections in these Terms entitled “Disclaimers of Warranties” and “Limitation of Liability.”
The services and/or programs are designed to detect as many potential problems as possible. For example, some software is designed to identify, among other problems, erroneous and unnecessary entries in your Windows® registry, invalid data references, and duplicate and junk files. The erroneous and unnecessary registry entries are common on all computers, including new computers. JAY ENTERPERISERS continues to update PCO to attempt to help ensure that it does not misidentify legitimate registry entries. However, it is possible that this software could misidentify legitimate registry entries on your computer as errors and, in removing them, could cause serious damage to your computer. Specifically, the erroneous and unnecessary entries detected likely will include some registry errors which are generated by Windows® operating systems as a result of routine operations including, for example, the downloading and installation of Windows® updates. In most instances, some registry errors will be detected which would appear on a “clean” PC which was never connected to the Internet and which had no programs installed except the Windows® operating system. In most instances, a small number of registry errors may be detected which will reappear after they have been removed even if no additional programs or program updates are installed on the computer. After the registry errors have been removed, the software will not report any registry errors for a period of twenty-four (24) hours.
You acknowledge the following:
Although a very large number of these registry entries may slow the performance of your computer, a modest number does not indicate a performance problem.
The re-appearance of registry entries that have been removed and the appearance of new registry entries is possible.
Low risk cookies are minor threats and do not indicate that malicious software is operating on your computer.
Depending upon the settings on and operation of your computer, additional cookies may appear on your computer after the operation of the Software.
There are some viruses and spyware that cannot be removed by the Software and that require the assistance of a ITWARD technical support agent; you therefore acknowledge that the Software may not remove all viruses and spyware and that a ITWARD support subscription may be required to address your computer problem.
You agree that JAY ENTERPERISERS’s liability is limited as set forth in the sections in these Terms entitled “Disclaimers of Warranties” and “Limitation of Liability.” If you believe that JAY ENTERPERISERS’s Software may be misidentifying legitimate data, please contact us by visiting https://www.repairbases.com/contact-us or by telephoning +1 (510 921 7777.
JAY ENTERPERISERS will use commercially reasonable efforts to assist you, and to repair your computer if required, in return for payments that are described to you telephonically or are set forth on the Websites.
JAY ENTERPERISERS’s ITWARD does not support the following:
Standalone devices such as console gaming systems and audio/visual equipment;
Mobile devices such as telephones and music players, except that JAY ENTERPERISERS can assist with connectivity of those devices to your computer;
Software that contains proprietary or confidential information, or information as to which access is regulated by law; and
Hardware; except that JAY ENTERPERISERS can diagnose possible hardware failure.
In order to diagnose and resolve technology problems with your computer, JAY ENTERPERISERS technicians must access your computer. Requesting technical support from our technicians constitutes your agreement that our technicians may provide the following Services:
Connect to, temporarily remotely control your computer, and temporarily modify your computer settings for purposes of providing assistance and repair if required;
Download certain diagnostic and repair software to your computer and use the software;
Gather, transfer to servers, examine and analyze information on your computer;
Repair your computer problems if required; and
Provide advice on the use of your computer.
We use software that: (a) provides non-personal computer system information, including information about your computer’s performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer’s settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer’s performance.
We use the software and the information it provides solely to attempt to diagnose and resolve existing and potential problems, and we use reasonable efforts to limit the software’s access to personal information on your computer. However, you agree that, while providing Services, we may gain access to personal information on your computer, and you agree that JAY ENTERPERISERS has no liability for doing so.
Requesting Services also constitutes your agreement that:
You are imposing no limitations upon JAY ENTERPERISERS’s ability to gather, examine and analyze the information on your computer;
JAY ENTERPERISERS ITWARD agents do not back up or restore data during the ITWARD diagnosis or remediation process, and that, in accordance with the Section below entitled “Limitations of Liability,” JAY ENTERPERISERS has no liability for any loss of or damage to information on your computer in connection with providing Services;
JAY ENTERPERISERS’s warranties and liability in connection with providing Services are strictly limited as set forth in these Terms in the Sections entitled “Disclaimers of Warranties” and “Limitation of Liability”;
JAY ENTERPERISERS reserves the right in its sole and absolute discretion, at any time, and without notice to you, to disclose to third parties, including law enforcement authorities, any information on your computer that JAY ENTERPERISERS deems appropriate to: (a) comply with any applicable law or regulation, legal process, or governmental request; or (b) prevent possible harm or injury to any person or damage to any property.
You understand and agree that JAY ENTERPERISERS’s Services may not be successful because the problems you are experiencing may be beyond JAY ENTERPERISERS’s ability to address remotely.
We make reasonable efforts to address your computer problems in a timely manner, but there may be delays. You acknowledge and agree that delays may result from: (1) high levels of demands and our technicians’ abilities to make return calls to you; (2) the need to “escalate” your computer problem to one or more technicians with additional expertise; and (3) our inability to reach you by telephone.
You acknowledge and agree that, because of circumstances that are not within JAY ENTERPERISERS’s control, there may be lengthy delays in JAY ENTERPERISERS’s ability to provide ITWARD services or ITWARD services may not be available to you at all. The circumstances include, but are not limited to, the following: the performance of maintenance on JAY ENTERPERISERS’s systems; Internet service disruptions; vandalism; sabotage; the outbreak of a new computer virus; strikes; riots; wars; other military actions; civil disorders or unrest; acts of terrorism; fires; floods, earthquakes; acts of third parties; and acts of God. You acknowledge and agree that JAY ENTERPERISERS has no liability to you or to any third party for any direct or indirect, special or consequential damages resulting from such delays or the unavailability of ITWARD services.
You also acknowledge and agree that JAY ENTERPERISERS has no obligation to provide ITWARD services in connection with any of the following: devices that have been altered, damaged or modified; devices with configurations that are beyond our control; software that is incompatible with your computer; problems resulting from external causes including accidents, abuse, misuse or problems with electrical power; problems resulting from usage that is not in accordance with the manufacturer’s instructions; problems resulting from failure to perform maintenance suggested by the manufacturer; problems resulting from the use of accessories, parts or components that are not compatible with the device; and problems resulting from negligence or malfunction beyond the reasonable control of JAY ENTERPERISERS.
JAY ENTERPERISERS reserves the right to “bundle” or sell ITWARD with other products and services. The additional products and services may be available for purchase only with ITWARD and only for a limited time. Free Online Backup subscriptions (described below) and free Software licenses are valid only for the duration of the ITWARD subscription with which they were bundled and will terminate upon the termination of the ITWARD subscription. Free EDC subscriptions that are bundled with ITWARD monthly subscriptions will expire in exactly one year as long as the ITWARD monthly subscriptions payments are made for that entire year.
JAY ENTERPERISERS’s Online Backup is an online backup and storage service. Numerous events which are beyond JAY ENTERPERISERS’s control, including but not limited to telecommunications network disruptions, may interfere with the operation of Online Backup. Accordingly, you acknowledge that JAY ENTERPERISERS does not guarantee continuous, uninterrupted or secure access to Online Backup, and that JAY ENTERPERISERS does not guarantee the accuracy, timeliness or completeness of information that you choose to back up and store using Online Backup. In addition, Online Backup is designed to identify the information you have selected to store and to upload the information for storage. However, it is your responsibility to confirm that Online Backup is properly identifying and storing the information you select for storage by following the instructions in the documentation accompanying your Software purchase or contacting JAY ENTERPERISERS’s Customer Support for assistance. If you do not do so, it is possible that some or all of the information you selected for storage will not be uploaded and stored.
If you exceed your Online Backup storage limit, you may be subject to one or more of the following actions in JAY ENTERPERISERS’s sole discretion: (1) you may not be allowed to use additional storage until you reduce (within thirty days or such other reasonable period as JAY ENTERPERISERS may request in its sole and absolute discretion) the number of files you have stored (provided, that additional storage may be available if requested for additional payment(s) ; (2) if you do not reduce the amount of data you have stored, your account may be suspended or cancelled; (3) you may be permitted a limited amount of additional storage pending our attempt to contact you to update your subscription to permit a larger storage limit; and (4) JAY ENTERPERISERS may take such additional action as may be required to ensure that the total amount of data you have stored is within the limit that you purchased. If you downgrade to a plan with a smaller storage limit, you will have thirty days to remove the amount of data necessary to bring the total number you are storing within your reduced storage limit.
At the time you purchase Online Backup, you will be given a temporary password that will be visible to our technicians for 72 hours. After the expiration of the 72-hour period, the temporary password will no longer be visible to our technicians. If you change your temporary password during the 72-hour period, your new password will not be visible to our technicians. The temporary password will remain visible to our technicians for the duration of the 72-hour period, but the temporary password will not be valid for use. Data usage rates may apply during the periods when your files are being backed up if you use a mobile or tethered device for your Internet connection (e.g., Satellite, smartphone tethering or wi-max). During these periods, your network speed and your computer’s performance may be diminished.
If you upgrade to a new yearly or monthly ITWARD or monthly Online Backup plan, fees you have paid under your old plan (except for the Online Backup Setup Fee), in JAY ENTERPERISERS’s discretion, may be applied to the new plan. The Online Backup Setup fee will not be applied to a new, upgraded plan. The ITWARD Setup Fee, in JAY ENTERPERISERS’s discretion, may be applied to a new, upgraded plan.
Compliance with Intellectual Property Laws
Your use of our Software and Services constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit or otherwise distribute any information in any format (“Content”) in violation of any person’s or entity’s copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person’s or entity’s intellectual property rights caused by any Content that you use or transmit by means of our Software, Services, networks, systems or servers, or that is used or transmitted by another person by means of our networks, systems or servers using the Software or Services you have licensed or purchased from JAY ENTERPERISERS. You acknowledge that JAY ENTERPERISERS’s policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property laws.
You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that: (1) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (3) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. JAY ENTERPERISERS reserves the rights to: (1) terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; (2) terminate your Software license and your subscription for Services; and (3) delete any such Content from JAY ENTERPERISERS’s servers. You acknowledge that JAY ENTERPERISERS’s policy generally is to cooperate in connection with investigations and litigation involving claims that uploading, downloading, displaying, performing, transmitting or other distribution of any Content violates applicable law.
Your use of our Software or Services constitutes your agreement that you will not attempt to: (1) breach or circumvent any security feature of the Software or Services or our networks, systems and servers; (2) breach or circumvent any authentication feature of the Software or Services or our networks, systems and servers; (3) access any information or data that is not intended for your use; (4) access any server or other account that you are not authorized to access; (5) attempt to probe, scan, examine, or test the vulnerability of any Software or Services; (6) interfere or attempt to interfere with any of our Software or Services or our networks, systems or servers, including, but not limited to, by means of viruses or other malware, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (7) use our Software or Services or our networks, systems and servers to send unsolicited electronic communications including, but not limited to, promotions or advertisements for goods or services; (8) forge any TCP/IP packet header or any part of the packet header in any electronic communication using our Software or Services or our networks, systems or servers; (9) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by JAY ENTERPERISERS in the Software or in connection with providing Services; (10) use the Software or Services for commercial purposes; (11) use the Software or Service for any unlawful purpose, or (12) re-sell or transfer or attempt to re-sell or transfer the Software or your rights to Services. You acknowledge that JAY ENTERPERISERS reserves all of its rights in connection preventing and seeking legal remedies for prohibited uses.
By accessing and using the Websites, you acknowledge and agree that the Websites contain information, software, photos, video, text, graphics, music, sounds, and other data including, but not limited to, developer tools, download areas, community forums, chat rooms, blogs, sharing sites and product and service information (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. All Content is copyrighted as a collective work under the U.S. copyright laws, and JAY ENTERPERISERS owns a copyright in the selection, coordination, arrangement and enhancement of the Content. JAY ENTERPERISERS’s partners also may have additional proprietary rights in the Content that they make available through the Websites. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit the Content, in whole or in part. Modification of the Content or use of the Content for any other purpose, including use of the Content on any other Website or networked computer environment, is strictly prohibited.
Use of the Websites
JAY ENTERPERISERS grants you a non-exclusive, non-transferable, limited right to use the Websites and the Content for your personal use only, provided that you comply fully with these Terms. By using the Websites, you agree not to interfere or attempt to interfere with the operation of the Websites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by these Terms. You also agree not to provide any links, on any other websites, to the Websites, including the Websites’ portals, content and software. Your use of the Websites is governed by all applicable federal, state and local laws. All Content is subject to U.S. export control laws and also may be subject to the laws of the country where you reside. JAY ENTERPERISERS makes no representation that the Content is appropriate or available for use in countries other than the United States, and access to the Websites from countries where the Content is illegal is prohibited. Those who choose to access the Websites from other countries do so on their own initiative and at their own risk, and are responsible for complying with applicable local laws. Information published on Websites may refer to products, programs, or services that are not available in your country.
Modifications to the Websites
You agree that JAY ENTERPERISERS, in its sole discretion, may make, and at any time, modify, suspend, or discontinue the Websites, or any part thereof, temporarily or permanently, at any time without notice to you, and you agree that JAY ENTERPERISERS will not be liable for the consequences of doing so
Links to Other Websites
Certain portions of the Websites (e.g., customer support, contest submissions, polling questions, and registrations) may permit users to submit opinions, evaluations, suggestions, ideas, and other information (collectively, “User Submissions”). By submitting a User Submission, you grant to JAY ENTERPERISERS an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide, license (sub-licensable through multiple tiers) to: (1) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (2) use and permit others to use your User Submission in any manner and for any purpose, including, without limitation, commercial purposes, that JAY ENTERPERISERS deems appropriate in its sole discretion (including, without limitation, the incorporation of your User Submission, in whole or in part, into any technology, product, or service.)
JAY ENTERPERISERS reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes.
JAY ENTERPERISERS reserves the right in its sole and absolute discretion, at any time, and without notice to you to disclose to third parties, including law enforcement authorities, any information included in User Submissions that JAY ENTERPERISERS deems appropriate to: (1) comply with any applicable law or regulation, legal process, or governmental request; or (2) prevent possible harm or injury to any person or damage to any property. JAY ENTERPERISERS also reserves the right in its sole discretion and at any time to edit, refuse to post or to remove any User Submission or any part of any User Submission.
In order to avoid irreparable injury to JAY ENTERPERISERS, in the event of any breach or threatened breach by you of the provisions of this Agreement, shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting JAY ENTERPERISERS from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES BY JAY ENTERPERISERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, SERVICES AND WEBSITES ARE PROVIDED “AS IS” AND YOU USE THEM AT YOUR SOLE RISK. JAY ENTERPERISERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, JAY ENTERPERISERS MAKES NO WARRANTY THAT: (1) THE SOFTWARE, SERVICES AND WEBSITES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (2) THEY WILL BE ERROR-FREE; (3) THE OPERATION OF THE SOFTWARE, SERVICES AND WEB SITES WILL BE SECURE OR UNINTERRUPTED; OR (4) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE, SERVICES AND WEBSITES WILL BE ACCURATE OR RELIABLE. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JAY ENTERPERISERS’S PROVIDING YOU WITH ADVICE, CONSULTATIONS, INFORMATION, SOFTWARE OR SERVICES CREATES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
YOUR USE OF THE SOFTWARE, SERVICES AND WEBSITES IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE SOFTWARE, SERVICES AND WEBSITES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JAY ENTERPERISERS, ITS SUPPLIERS AND BUSINESS AFFILIATES IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR TECHNICAL SUPPORT AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE EULA, OR YOUR USE OF, OR YOUR INABILITY TO USE, THE SOFTWARE, SERVICES AND WEBSITES. THE TOTAL, CUMULATIVE LIABILITY OF JAY ENTERPERISERS AND ITS SUPPLIERS AND BUSINESS AFFILIATES TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIAIBLITY, OR OTHERWISE, IN NO EVENT WILL EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR THE SOFTWARE AND TECHNICAL SUPPORT OR ONE HUNDRED DOLLARS ($100.00). THESE LIMITATIONS ON LIABILITY APPLY WHETHER OR NOT JAY ENTERPERISERS OR ITS SUPPLIERS OR BUSINESS AFFILIATES HAVE BEEN ADVISED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES.
Limitations of Actions Brought Against JAY ENTERPERISERS
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
JAY ENTERPERISERS reserves the right in its sole discretion, for any reason and at any time, and without prior notice to you, to terminate your Software Licenses and/or access to Services and the Websites.
You acknowledge and agree that JAY ENTERPERISERS, in its sole and absolute discretion, may suspend for a reasonable time your rights under your ITWARD subscription or terminate your ITWARD subscription at any time without prior notice to you. If we terminate your subscription, we may, at our sole discretion, refund a pro rata portion of your subscription purchase price. You agree that JAY ENTERPERISERS will not be liable to you or to any third party for the consequences of any termination of your use or access to the Websites, Software Licenses and/or Services. In the event of any such termination, you agree that the provisions of the Agreement regarding Compliance with Intellectual Property Laws, Inappropriate Content, Prohibited Uses, Indemnification, Disclaimer of Warranties, Limitation of Liability, Limitations of Actions Brought Against JAY ENTERPERISERS, and Applicable Law; Dispute Resolution shall survive any such termination.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JAY ENTERPERISERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, PARENTS, AFFILIATES AND AGENTS FROM LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DEMANDS, DISPUTES, CAUSES OF ACTION, LOSSES, DAMAGES AND COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF LITIGATION, RESULTING FROM OR IN ANY WAY CONNECTION WITH: (1) YOUR PURCHASE OF SOFTWARE OR SERVICES; (2) YOUR USE OF THE WEBSITES; (3) YOUR FAILURE TO COMPLY WITH THESE TERMS; AND (4) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. YOU AGREE TO NOTIFY JAY ENTERPERISERS IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Within thirty (30) days of purchase, if for any reason you are not completely satisfied with your Software, simply call us toll free at (844) 811-0608 to arrange your refund. We will process your credit within ten (10) days. For credit and debit card refunds, your bank may take up to two billing cycles to post the credit to your account. If you have any questions, please telephone us toll free at (844) 811-0608.
Yearly Subscription and Start Up Fee for Monthly Subscriptions: You may request a refund within ten (10) days of the original purchase date of a yearly subscription or a monthly subscription. However, if during that ten (10) day period, JAY ENTERPERISERS either attempted to or did address the problems you were experiencing, you agree that JAY ENTERPERISERS may retain a portion of the purchase price, to be determined by JAY ENTERPERISERS in its sole and absolute discretion, which retained portion will represent the reasonable value of the services we provided, as determined by JAY ENTERPERISERS in its sole and absolute discretion. Beginning ten (10) days after the date of purchase of a yearly subscription or monthly subscription, the yearly or monthly subscription fee is not refundable.
Month to Month Subscriptions (Recurring Monthly Fee): Monthly subscription fees are not refundable under any circumstances. You may cancel future monthly subscription fees at any time before the next applicable monthly payment is due.
In order to qualify for a ITWARD refund (when applicable):
You must have allowed JAY ENTERPERISERS access to your computer as requested to perform diagnostics and problem mitigation. Our process is to escalate difficult cases through our technician expertise levels, which may mean that you will need to have several diagnostic sessions to solve your computer problem;
You must have followed recommendations prescribed by JAY ENTERPERISERS personnel, or allowed JAY ENTERPERISERS personnel to perform required operations, including installation of appropriate software and required updates, adjusting of settings, the deletion of suspicious files; and
You must have requested the refund within the timeframes noted above.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that JAY ENTERPERISERS reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
The information communicated on the Website constitutes an electronic communication. When you communicate with JAY ENTERPERISERS through the Website or via other forms of electronic media, such as e-mail, you are communicating with JAY ENTERPERISERS electronically. You agree that JAY ENTERPERISERS may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that JAY ENTERPERISERS provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
All Graphic Design, Web Design & Development and Ongoing services provided by JAY ENTERPERISERS are subject to the following terms and conditions.
Estimates & Contracts
Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & Fees
All new web design projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
All new web design projects that exceed $600 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
Any check payments that do not clear will be charged a $35 fee. JAY ENTERPERISERS retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
Hours of Operation
Our business hours are Monday-Friday from 9am-5pm HST. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $95 per hour with an additional charge of $45 per hour for afterhours assistance.
Web Site Design Credit
All JAY ENTERPERISERS custom web design clients will have a Design by: JAY ENTERPERISERS link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay JAY ENTERPERISERS a fee of $250 to have this link permanently removed. Should you have a new layout designed for your site by a company other than JAY ENTERPERISERS, you may remove the credit from your website. Thank you.
Copyright & Ownership
Upon completion of the project, JAY ENTERPERISERS transfers all rights and ownership of CUSTOM designs and programming written by JAY ENTERPERISERS to the client. Software and third-party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Ownership and copyright of all Template Monster, HostGator and Limited-Edition Templates available in our stores remain with JAY ENTERPERISERS and are not transferred to the client.
JAY ENTERPERISERS reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by JAY ENTERPERISERS but not in legal use by the client.
JAY ENTERPERISERS reserves the right to display websites and graphics that have been designed by JAY ENTERPERISERS on their website, and in any marketing material to aid as examples of our work.
JAY ENTERPERISERS requires a deposit before we begin work on any project. A request to terminate services must be presented to JAY ENTERPERISERS in writing. JAY ENTERPERISERS has a Guaranteed 90 Day Turnaround for your project. If we fail to complete your project within 90 days of the start date AND you have turned in all content, images and information requested by us, you will receive a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.
Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
JAY ENTERPERISERS will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
Development & Delivery
JAY ENTERPERISERS understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing. If the client does not supply JAY ENTERPERISERS with complete text, graphic content and other requested materials for the contracted client within 90 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to JAY ENTERPERISERS for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between JAY ENTERPERISERS and the client.
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Services purchased from JAY ENTERPERISERS are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall JAY ENTERPERISERS be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Exclusive jurisdiction and venue is as governed in the district court of Hilo County, Hilo Hawaii.
Please note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. JAY ENTERPERISERS reserves the right to change or update these terms at any time without prior notice.
Ongoing Support & Internet Marketing Services
Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).
Graphic Design, Print Ad, Logo & Label Design Projects
Being an all-digital design shop means that you are responsible for providing us with all artwork corrections for your pre-published or pre-print Ads and Labels. Please note that it makes good sense to check your designs (and spelling) before print approval – corrections or modifications made after the approval/proofing stage will incur extra charges, as we need to make design changes and repeat the entire pre-press process to incorporate the new files.
In summary, JAY ENTERPERISERS and our artists have done everything possible to make the artwork and files perfect. However, JAY ENTERPERISERS and its designers/affiliates are not responsible for its final approval, so please be sure to check all copy, dimensions and color separations.
Modifications to the Agreement
JAY ENTERPERISERS may make changes to this Agreement from time to time in its sole discretion by updating this posting on this Website without notice to you. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of this Agreement has been posted. Certain provisions of the Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into the Terms and to supersede the provision(s) of the Terms that are designated as being superseded. JAY ENTERPERISERS may assign, transfer, or sub0contract any of our rights or obligations under these Terms to any third party at our discretion. No delay by JAY ENTERPERISERS in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect JAY ENTERPERISERS’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by JAY ENTERPERISERS in writing.