1. USE OF SERVICES
JTG offers the Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. By purchasing the App, you are granted a non-transferable license to use the App on any Apple, Inc. branded products that are owned or controlled by you. In order to access certain Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or to purchase the Services. You are responsible for maintaining the confidentiality of your account password(s) and are responsible for all activities that occur under your account. You agree to immediately notify JTG of any unauthorized use of your password or account or any other breach of security. JTG cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. JTG reserves the right to withdraw or amend the App, and any service or material provided on the App, in its sole discretion without notice. JTG will not be liable for any reason all or any part of the App is unavailable at any time or for any period. From time to time, JTG may restrict access to some parts of the App, or the entire App, to users. JTG is the only party responsible for maintenance of the App. In the event of a failure of any warranty contained in the Terms, you may notify Apple, and Apple will refund the purchase price of the App to you. JTG reserves the right to disable the user name, password, or other identifier, whether chosen by you or provided by JTG, and to terminate Services at any time if you have violated the Terms.
2. PROHIBITED USE
You may use the App only for lawful purposes and in accordance with the Terms. You agree not to use the App in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to attempt to interfere with the proper working of the App.
3. INTELLECTUAL PROPERTY RIGHTS
The App and its entire contents, features, and functionality are owned by JTG, its licensors, or other providers of such material and are protected by United States and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the App without the written consent of JTG. No right, title, or interest in or to the App or any content on the App is transferred to you, all rights not expressly granted are reserved to JTG.
The JTG name, JTG trademarks, the JTG logo, and all related names, logos, product and service names, designs, and slogans are trademarks of JTG or its affiliates or licensors. You must not use such marks without the prior written permission of JTG. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
6. RELIANCE ON INFORMATION POSTED
The information presented on or through the App is made available solely for general information purposes. JTG does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. JTG disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
7. LINKS FROM THE APP
Any links on the App to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. JTG has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Nor does JTG necessarily endorse any statements and/or opinions expressed in these materials. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. If you decide to access any of the third-party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. INDEMNITY. You agree to hold harmless and indemnify JTG, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners and Apple, (collectively the “Released Parties”) from and against any third party claim arising from or in any way related to your use of the Services, violation of the Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, JTG will provide you with written notice of such claim, suit or action.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, the released parties EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RELEASED PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JTG OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JTG OR RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES.
11. EXCLUSIONS AND LIMITATIONS
NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND JTG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. NO THIRD PARTY BENEFICIARIES
You agree that Apple and its subsidiaries are third party beneficiaries to the Terms and that Apple has the right to enforce the Terms against you. You further agree that, except as otherwise expressly provided in this section, there shall be no third party beneficiaries to the Terms.
You agree that JTG may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the App.
14. REPRESENTATIONS AND WARRANTIES
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations. You further represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
15. GENERAL INFORMATION
Contact Information. Except as specifically stated in the Terms, JTG is the only party responsible for responding to your questions or claims regarding the Terms. All communication to JTG should be sent to:
5767 Cove Commons Dr, Brownsboro, Alabama 35741, United States
You may contact JTG by email at firstname.lastname@example.org or by phone at (256) 513-1496.
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and JTG with respect to the Services and govern your use of the App and Services, superseding any prior agreements between you and JTG for the use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services provided by JTG, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and JTG shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Madison County, Alabama.
Waiver and Severability of Terms. The failure of JTG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Section Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect.