LAST UPDATED: APR 18, 2023
Jetkite LLC is pleased to provide you its "Jetkite LLC" branded mobile applications and all related documentation (each, an "Jetkite LLC App," and collectively, the "Jetkite LLC Apps") a list of which is available at Google Play
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY Jetkite LLC APPS.
This Agreement governs your use of the Jetkite LLC Apps and how we provide the Jetkite LLC Apps.
This Agreement (including the Supplemental Terms, as applicable) is a legal agreement between you and Jetkite LLC, a US-Based registered company which governs your use of the Jetkite LLC Apps. By installing or otherwise using the Jetkite LLC Apps, you: (a) agree to be bound by the terms and conditions of this document, (b) you represent and warrant that you own or control the mobile device in which the Jetkite LLC App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions also apply to any Jetkite LLC App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to this terms and conditions, do not install or use any Jetkite LLC App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. Your continued use of the Jetkite LLC Apps after we post any amendments to this document will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Jetkite LLC Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at support@Jetkite LLC.com. Do not use the Jetkite LLC Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by this agreement.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this document and that are in addition to the terms of this document, and certain provisions of this document may be unenforceable as to you. To the extent that any term or condition of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect.
THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT, YOU MUST IMMEDIATELY CEASE USING THE APPLICATION AND SERVICES.
If you are using the Apps on an Apple iOS platform based smart mobile device, you agree to and acknowledge the Notice Regarding Apple below, and if you are using the Apps on a Google Android platform based smart mobile device, you agree to and acknowledge the Notice Regarding Google contained within this document.
You must be 18 years of age or older to install or to use the Jetkite LLC Apps.
Subject to your compliance with the terms and conditions of this document, Jetkite LLC grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Jetkite LLC Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Jetkite LLC Apps or use the Jetkite LLC Apps for the benefit of any third party. Unless expressly authorized by Jetkite LLC or permitted under the applicable mobile platform terms, you are prohibited from making the Jetkite LLC Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Jetkite LLC Apps, except to remove our Jetkite LLC Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Jetkite LLC Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Jetkite LLC Apps in any way. You do not have the right to and may not create derivative works of any Jetkite LLC Apps or any portions thereof. All modifications or enhancements to the Jetkite LLC Apps remain the sole property of Jetkite LLC .
2. Jetkite LLC Apps Updates. We reserve the right to add or remove features or functions to existing Jetkite LLC Apps. You understand that we may require your review and acceptance of our then-current agreement before you will be permitted to use any subsequent versions of the Jetkite LLC Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Jetkite LLC Apps may be ended upon the availability of updates, supplements or subsequent versions of the Jetkite LLC Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Jetkite LLC Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Jetkite LLC Apps. If you access an Jetkite LLC App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Jetkite LLC Apps from your device. Downloading, installing or using certain Jetkite LLC Apps may be prohibited or restricted by your network provider and not all Jetkite LLC Apps may work with your network provider or device. Jetkite LLC makes no representation that the Jetkite LLC Apps can be accessed on all devices or wireless service plans. Jetkite LLC makes no representation that the Jetkite LLC Apps are available in all languages or that the Jetkite LLC Apps are appropriate or available for use in any particular location.
4. Purchases & Cancellation Rights.
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Jetkite LLC Apps, please use the application manager provided with your device or consult your device manual for reference.
The Jetkite LLC Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Jetkite LLC are Jetkite LLC 's property or the property of Jetkite LLC 's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Jetkite LLC Apps. All rights not expressly granted hereunder are expressly reserved to Jetkite LLC and its licensors.
The Jetkite LLC and Jetkite LLC names, logos and affiliated properties, are the exclusive property of Jetkite LLC or its affiliates. All other trademarks appearing on any Jetkite LLC App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an Jetkite LLC App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
1. You are solely responsible for any Content you contribute, submit or display on or through your use of the Jetkite LLC App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. Jetkite LLC respects and expects its users to respect the rights of copyright holders. On notice, Jetkite LLC will act appropriately to remove content that infringes the copyright rights of others. Jetkite LLC reserves the right to disable the access to Jetkite LLC Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an Jetkite LLC App, or elements, infringe your copyright rights, Please contact Jetkite LLC's Copyright Agent at:
1603 Capitol Avenue, Suite 413 #3581, Cheyenne, Wyoming 82001, United States
ATTN: Copyright Agent/Legal Dept.
Please ensure your communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Jetkite LLC App;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this agreement.
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL Jetkite LLC APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, Jetkite LLC , ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, Jetkite LLC MAKES NO WARRANTY THAT THE Jetkite LLC APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Jetkite LLC PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE Jetkite LLC APPS WILL MEET YOUR EXPECTATIONS. Jetkite LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Jetkite LLC APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Jetkite LLC APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Jetkite LLC APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Jetkite LLC APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Jetkite LLC APPS REMAINS SOLELY WITH YOU.
Jetkite LLC EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Jetkite LLC SHALL NOT BE LIABLE 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 Jetkite LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE Jetkite LLC APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE Jetkite LLC APPS. IN NO EVENT SHALL Jetkite LLC 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Jetkite LLC APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE Jetkite LLC APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Jetkite LLC , ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE Jetkite LLC APPS, YOUR VIOLATION OF THE AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY Jetkite LLC OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
The Jetkite LLC Apps and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
Any Jetkite LLC Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. �2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. �12.212 or 48 C.F.R. �227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. �12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Jetkite LLC does not represent or warrant that the Jetkite LLC Apps or any part thereof is appropriate or available for use in any particular jurisdiction.
No failure or delay by Jetkite LLC in exercising any right, power or privilege under this agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this agreement. If any provision of this agreement shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this agreement, please contact us by email or postal mail as follows:
1603 Capitol Avenue, Suite 413 3581, Cheyenne, Wyoming 82001, United States
ATTN: Legal Dept.