Terms and Conditions
The following terms and conditions apply to all services, including organizing services, (the Services) provided by Just-In-Time Organize to the Client, in conjunction with any relevant quotation provided to the Client by Just-In-Time Organize (Terms), unless otherwise agreed in writing. Please read these terms and conditions carefully as an acceptance of a quote, purchase, and/or use of the Services shall be considered acceptance of the Terms and Conditions.
Interpretation
The words of which the initial letter is capitalized have meanings define under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Country refers to: Pennsylvania, United States
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Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to JUST-IN-TIME Organize.
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Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
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Service refers to the agreed work performed by Just-In-Time Organize.
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Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
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Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
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Website refers to JUST-IN-TIME Organize, accessible from [www.justintimeorganize.com](www.justintimeorganize.com)
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to approve the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
1. Charges
Charges for the Services are defined in the project quotation that the Client receives from Just-In-Time Organize via email. Quotations are valid for a period of 30 days. Just-In-Time Organize reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.
Unless agreed otherwise and contracted with the Client, all organizing services require an advance deposit payment of a minimum of fifty (50) percent of the project quotation total before the work commences. Remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
2. Additional Expenses
The Client agrees to reimburse Just-In-Time Organize for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of additional supplies to complete the service contracted.
All Charges are exclusive of VAT (Value Added Tax).
3. Commencement of Work
Payment of the initial deposit will be considered an acceptance of the contract for work.
4. Invoicing and Payment
Just-In-Time Organize shall submit invoices in line with the timescales mentioned. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client.
Payment for services is due by Check(s) or Online Payment issued by Just-In-Time Organize. Checks should be made payable to Just-In-Time Organize and sent to the address given from Just-In-Time Organize upon Client's request or as listed in project contract.
If the Client fails to make any payment due to Just-In-Time Organize by the due date for payment, then, without limiting Just-In-Time Organize's remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum. Such interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Just-In-Time Organize web space, Just-In-Time Organize will, at its discretion, remove all such material from its web space. Just-In-Time Organize is not responsible for any loss of data incurred due to the removal of the service.
Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $35 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Just-In-Time Organize reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Just-In-Time Organize in enforcing these Terms and Conditions.
Shopping for organizing products and donation drop off may be provided by Just-In-Time Organize, as well as recommendations and/or arrangements for trash removal or shredding services. Time will be billed at the hourly rate. Client agrees to reimburse Just-In-Time Organize for authorized expenses.
Payment for packaged services and virtual organizing is to be made prior to our first session. Credit cards are accepted through PayPal or you may send a check. On-site sessions not paid in advance by credit card are to be paid at time of service via check or cash.
5. Client Review
Just-In-Time Organize will provide the Client with an opportunity to review the appearance and content of the agreed serviced area/organized space once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Just-In-Time Organize otherwise within ten (10) days of the date the materials are made available to the Client.
6. Timeframes & Content Control
To remain efficient we must ensure that work we have agreed by contract is carried out at the scheduled time. This is why we ask that you provide all the required information in advance.
In return, the Client agrees to provide Just-In-Time Organize promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by Just-In-Time Organize for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid Just-In-Time Organize with progressing the commission in a satisfactory and expedient manner.
During the project, Just-In-Time Organize will require the Client to provide access to Services location, space, and or computer, along with any relevant information.
Travel of 60 minutes round trip is included in the above fee. Travel charges will be applied when travel exceeds 60 minutes round trip.
Proper consideration regarding cancellations and appointment changes is expected. Appointments canceled within 48 hours of a scheduled appointment time are subject to a cancellation charge of 50% of scheduled work.
7. Failure to provide required information
Just-In-Time Organize is a LLC business, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged. This is why we ask that the Client provide all the required information in advance. On any occasion where progress cannot be made with the Client’s space and or property because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the Charges.
If the Client agrees to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, do not give Just-In-Time Organize the go-ahead to start until you are ready to do so.
8. Ownership
The client remains to have total ownership of the finished project and material produced and or supplied by Just-In-Time Organize.
9. Termination of Contract
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
The contracting party (Client) will not have the right to cancel any contract after the project has commenced. If, after commencing the project, the contracting party decides not to continue with project development, then the contracting party is obliged to pay the total amount of work that has been completed up to the day of cancellation based on Just-In-Time Organize's cancelation hourly rate of $50/hour.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days. All refund requests must be made within 10 days of initial payment, and be requested in writing. Absolutely no refunds will be issued once work has begun. Once the agreed service is started and if there are any issues with the work or services provided we can discuss and come to a resolution. If the Client intentionally violates anything within each clause of these terms and conditions, the Client by default agrees to Just-In-Time Organize reserving the right to terminate once once-held contract after issuance of advance notice.
10. Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms.
Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms.
IP Rights means patents, utility models, rights to inventions, copyright and neighboring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
All Background IP, including but not limited to any IP Rights in data, files, and graphic logos provided to Just-In-Time Design by the Client, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived).
The Client hereby grants to Just-In-Time Organize a non-exclusive license to publish and use such material, which may be sub-licensed to any contractor acting on behalf of Just-In-Time Organize. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Just-In-Time Organize permission and rights for use of the same. A contract for serviced organization and/or placement shall be regarded as a guarantee by the Client to Just-In-Time Organize that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client shall indemnify and hold harmless Just-In-Time Organize against all damages, losses and expenses arising as a result of any and all actions or claims that any materials provided to Just-In-Time Organize by or on behalf of the Client infringe the IP Rights of a third party.
All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. Just-In-Time Organize hereby grants the Client a non-exclusive license of such Foreground IP for the purpose of performing the service agreement.
11. Confidentiality
Each party (the Receiving Party) shall use its reasonable endeavors to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs and graphics) or which is identified by the Disclosing Party as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause.
During the term of these Terms the Receiving Party may disclose the Confidential Information to its employees and sub-contractors (any such person being referred to as the Recipient) to the extent that it is reasonably necessary for the purposes of these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient was a party to these Terms.
The obligations in this term and conditional clause 14 shall not apply to any Confidential Information which is: at the date of these Terms already in, or at any time after the date of these Terms comes into, the public domain other than through breach of these Terms by the Receiving Party or any Recipient; furnished to the Receiving Party or any Recipient without restriction by a third party having a bona fide right to do so; or required to be disclosed by the Receiving Party by law or regulatory requirements, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.
All tangible forms of Confidential Information, including, without limitation, all summaries, copies, and excerpts of any Confidential Information whether prepared by the Disclosing Party or not, shall be the sole property of the Disclosing Party, and shall be immediately delivered by the Receiving Party to the Disclosing Party upon the Disclosing Party’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish, or distribute in whole or in part any Confidential Information without the prior written consent of the Disclosing Party.
Just-In-Time Organize is a member of the National Association of Productivity & Organizing Professionals (NAPO) and bound by their Code of Ethics. Any physical or verbal content expressed during the project will remain confidential and will not be shared with outside parties unless required by law or with express consent.
12. Data Protection
For the purposes of this clause, Data Protection Law means the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, any other data protection and/or privacy laws applicable to Just-In-Time Design, and any applicable laws replacing, amending, extending, re-enacting or consolidating the above from time to time.
Both parties will comply with all applicable requirements of Data Protection Law. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Data Protection Law.
The Client will comply with Data Protection Law in connection with the collection, storage, and processing of personal data (which shall include you providing all the required fair processing information to, and obtaining all necessary consent from, data subjects), and the exercise and performance of your respective rights and obligations under these terms and conditions, including all instructions given by the Client to Just-In-Time Design and maintaining all relevant regulatory registrations and notifications as required under Data Protection Law.
The parties acknowledge that if Just-In-Time Organize processes any personal data on the Client’s behalf when performing its obligations under this agreement, the Client is the controller and Just-In-Time Organize is the processor for the purposes of Data Protection Law.
The scope, nature and purpose of processing by Just-In-Time Organize, the duration of the processing and the types of personal data and categories of data subject are set out in our Privacy Notice and the project quotation.
In relation to the processing of personal data under these terms and conditions, Just-In-Time Organize shall:
process personal data on the Client’s behalf only on and in accordance with the Client’s documented instructions as set out in this clause 15 (as updated from time to time by agreement between the parties), unless required to do so by applicable law; in such a case, we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; ensure that persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; implement and maintain appropriate technical and organizational measures in relation to the processing of personal data; you hereby acknowledge that you are satisfied that our processing operations and technical and organizational measures are suitable for the purposes for which you propose to use our services and engage us to process the personal data; promptly refer all data subject requests we receive to you and, taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR; assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to us and only in the event that you cannot reasonably be expected to comply with the requirements of Articles 32 to 36 without our information and/or assistance (e.g. you do not possess or otherwise have access to the information requested). We may charge our reasonable costs on a time and materials basis in providing you with such assistance; retain personal data in accordance with the retention periods set out in our Privacy Notice; make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28(3) and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you provided: (i) you give us at least 7 days prior notice of an audit or inspection being required; (ii) you give us a reasonable period of time to comply with any information request; (iii) ensuring that all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential; (iv) ensuring that such audit or inspection is undertaken during normal business hours, with minimal disruption to our business; (v) no more than one audit and one information request is permitted per calendar year; and (vi) paying our reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits; take reasonable steps to ensure the reliability of anyone who we allow to have access to personal data, ensuring that in each case access is limited to those individuals who need to know or access the relevant personal data, as necessary for the purposes of the Terms; and notify the Client without delay (and if possible within 24 hours) upon us or any sub-processor becoming aware of a personal data breach affecting personal data processed on the Client’s behalf, providing the Client with sufficient information to allow you to meet any obligations to report or inform data subjects of the personal data breach.
The Client hereby gives Just-In-Time Organize consent to engage sub-processors for processing of personal data on your behalf. We shall inform the Client before transferring any personal data processed on your behalf to a new sub-processor. Following receipt of such information you shall notify us if you object to the new sub-processor. If you do not object to the sub-processor within seven calendar days of receiving the information, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within reasonable time, the Client shall have the right to terminate these Terms with a notice period determined by the Client, without prejudice to any other remedies available under law or contract. During the notice period, we shall not transfer any personal data processed on the Client’s behalf to the sub-processor.
Just-In-Time Organize shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to these Terms. We shall remain primarily liable to the Client for the performance or non-performance of the sub-processors’ obligations. Upon your request, we are obliged to provide information regarding any sub-processor, including name, address and the processing carried out by the sub-processor.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Word, Pages, or Google Docs delivered via USB drive, e-mail, or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Just-In-Time Organize to return to the Client any images or printed material provided for use for the Client’s service requests, such return cannot be guaranteed.
14. Service Credit and Marketing
A link to Just-In-Time Organize may appear in either small type or by a small graphic on a photograph of Client’s requested service, both before and after the completed task. If a graphic and or photograph is used, it will be designed and used to fit in with the overall Just-In-Time Organize site. If a client requests that the serviced credit be removed after the agreed contract and or service is completed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied.
The Client agrees that the servicing project for the Client may be presented in Just-In-Time Organize's portfolio, and hereby grants Just-In-Time Organize a worldwide, perpetual, non-exclusive license to use its name, logo, and branding for advertising, marketing, and promotional activities. The Client also agrees upon propagation, marketing, investigative, and or safety purposes, Just-In-Time Organize may choose not to commit service offered in such case(s), including any support of hate crime, unwholesomeness, and violence of any sort and or intent. Just-In-Time Organize may also choose not to provide service that involves any handling of drug paraphernalia, pornographic, occultism, or explicitly vulgar content/material. Clients are asked to remove and secure firearms and other “private” personal items from work areas before work begins.
15. Third Party Service
Just-In-Time Organize services with its own employees/representatives, and cannot guarantee Client's satisfaction or quality if the Client wishes to use a third-party service. In the event that the Client is using a third-party service, it is the responsibility of the Client to inform Just-In-Time Organize. Just-In-Time Organize will assist the Client and use of third-party services if necessary. However, this may be subject to additional charges.
If the Client chooses to involve a third-party service in any project contracted with Just-In-Time Organize, the Client remains liable to the agreed contract with Just-In-Organize. For any use to mention or promote text, images, graphics, trademarks, or copyrights of Just-In-Time Organize, the Client (on behalf of themselves or a third party service provider) agrees to get consent from Just-In-Time Organize and must allow Just-In-Time Organize to view beforehand whatever content to be published.
Suggestions regarding procurement and/or retention of legal, financial, and accounting documents may be made by the organizer to expedite the organizing process. However, all final decisions regarding these documents should be made by your personal CPA, Attorney or Financial Advisor.
16. Post-Placement Alterations
In the event that the Client wishes to make alterations to the project once completed, the Client agrees to give Just-In-Time Organize the opportunity to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by Just-In-Time Organize.
Just-In-Time Organize cannot accept responsibility for any alterations caused by the Client or a third party occurring to the agreed service once completed. Such alterations include, but are not limited to additions, modifications, or removal.
17. General
These Terms constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings, and agreements between them, whether written or oral, relating to their subject matter.
A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
These Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
A notice given to a party under or in connection with these Terms shall be in writing and in English, by email or next working day delivery service. Notices to the Client shall be sent to the email address or address last notified to Just-In-Time Design. Notices to Just-In-Time Organize shall be sent to the email address or address set out at https://justintimeorganize.com/contact.
18. Liability & Warranty
Just-In-Time Organize's liability will be limited to the cost of supply for this work. Just-In-Time Organize is not responsible for any indirect losses. Once a client has agreed to a look and feel proof and instructed Just-In-Time Organize to proceed to service, any subsequent changes in style, design, or system within the service request by the client will be charged for at the appropriate hourly rate.
All Just-In-Time Organize services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless Just-In-Time Organize against all damages, losses, and expenses arising as a result of any and all actions or claims resulting from the Client’s use of Just-In-Time Organize's service.
Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.
Just-In-Time Organize shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of organization; or (j) loss or damage to the Client’s possessions supplied for the organized service, whether as a result of negligence or otherwise.
The entire liability of Just-In-Time Organize the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
19. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
20. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
21. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable valid, legal,l and enforceable provision, which comes closest to the intention of the parties underlying the original provision.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
22. Governing Law
This agreement shall be governed by and construed in all respects in accordance with the Laws of The United States of America, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
23. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
24. For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
25. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Severability and Waiver
26. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
27. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
28. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
29. Contact Us
If you have any questions about these Terms and Conditions, You can contact
us:
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By email: contact@just-in-timedesign.com