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Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you and KAIJET TECHNOLOGY INTERNATIONAL LIMITED, INC. dba j5create (“j5create”). The Terms control your use and access to j5create’s websites and online information, including any social media accounts (the “Sites” or “Site”). By using j5create’s Sites, you agree to these Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the j5create store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.

License Disclaimer and Use Restrictions
Nothing on any j5create Site gives you any license under any j5create or third party intellectual property rights. All intellectual property rights in the Sites belong to j5create or other parties that licensed their material to j5create or whose use herein is an approved use.

Subject to these Terms, j5create grants you a limited, revocable, nonexclusive right to access and use the Sites and the materials and information on the Sites (“j5create Content”). This limited license is only for your personal, noncommercial use. You must keep j5create’s proprietary notices on any copies you make of j5create Content. Unauthorized use of j5create Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to j5create for your unauthorized use of j5create Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any j5create Content in your possession or control. Other than as stated above, you must not:

  • change, alter, copy, distribute, republish, download, display, post, or send the j5create Content in any form or by any means without j5create’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific j5create Content;
  • use the j5create Content to benchmark any j5create Content against any other person’s or entity’s products, services or information; or
  • use the j5create Logo or any other j5create trademark as a "hot" link to any part of the Site unless j5create approves that use in writing.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites, any service or good, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sites, our store, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Sites, any other j5create website or social media account, or any service or good provided by j5create for violating any of the prohibited use

Privacy
Your use of the Sites or any submission of personal information through the store or any other media is governed by our Privacy Policy.  Please use the following link to view our Privacy Policy. https://info.j5create.com/pages/privacy-policy

Communicating Electronically
When you use the Site, you are communicating with j5create. You agree to receive electronic communications related to your use of the Site. j5create may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. j5create may provide notices to you via email or by posts on the Site, and those notices are effective on the date that j5create sends or posts them.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information on any of the Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites should be taken to indicate that all information has been modified or updated.

Export
All j5create Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Unless otherwise agreed to in writing beforehand, you do hereby grant j5create a fully paid up, royalty free, worldwide, nonexclusive license to the submission. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Disclaimers
You agree that you take full responsibility for your use of the Site. j5create provides the Site and all j5create Content on an “as is” and “as available” basis. Specifically, j5create (a) makes no representation or warranty of any kind, (b) disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation, and (c) does not guarantee that the Sites or j5create content on the Sites or any other website or social media account (both controlled by j5create and those controlled by third parties) will be free of errors or defects.

Limitation of Liability
j5create is not liable under any legal theories (including negligence) for any type of damages, even if j5create knew of the possibility of such damages. j5create is not liable for loss of data or profits arising from your use or inability to use the Site or the j5create Content. If your use of the j5create Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.

Indemnification
You agree to indemnify, defend, and hold j5create and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.

Miscellaneous

  • These Terms do not create any legal relationship between you and j5create.
  • j5create’s failure to enforce a right does not mean that j5create has waived that right.
  • If a court or other tribunal finds any provision of these Terms unenforceable, you agree to change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
  • Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
  • j5create may assign its rights under these Terms, but you may not do so.
  • These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between j5create and you about your use of this Site.
  • These Terms supersede any prior agreements with j5create about using this Site and its content.

Governing Law;
You agree that the laws of the state of Georgia will govern any claim or dispute relating to these Terms, the Site, j5create Content, your access to and use of the Site, or any combination of these items (the “Dispute”), without regard to Georgia conflicts of laws principles.

Dispute Resolution

You agree that any disputes You have with j5create You will resolve through arbitration.  A “dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to any j5create product or service or your relationship or issues with j5create or any affiliates or related companies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand on our registered agent as provided at the Georgia Secretary of State Website. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse j5create for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.  You further agree that to reimburse j5create for any costs incurred by j5create to enforce this arbitration provision, including the dismissal of any court action not in compliance with your agreement to seek arbitration for disputes.

YOU AND j5create AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and j5create agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

Contact Us
Questions about the Terms should be sent to us at chuck@j5create.com