Last updated June 5, 2015
Jetlun reserves the right to change these Terms from time to time. It is your responsibility to review these Terms and to remain informed about any changes to them, so we encourage you to review these Terms frequently. If Jetlun makes a change to these Terms that we believe has material impact on the Service, we may notify you of such change by email.
All references to "us," "our" and "Jetlun" in this Agreement are intended to refer to Jetlun (Hong Kong) Ltd., its affiliate entities and contractors. All references to "you," "your" and "user" in this Agreement are intended to refer to the subscriber to the Service (whether on a trial basis or through purchase of a subscription) and by or on whose behalf this Agreement is made. If you are an individual, you must be an adult of at least 18 years of age to enroll in the Service and by accepting these Terms, you confirm you are an adult of at least 18 years of age and that you are accepting these Terms on behalf of yourself and anyone in your household who will use the Service. If you are an entity, by accepting these Terms, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms. You are also confirming that these Terms constitute a valid and binding obligation of yours.
As a condition of your use of the Service you will comply with all applicable laws, rules and regulations in your use of the Service. You agree that Jetlun will not be responsible for informing you of any such laws, rules or regulations or monitoring your use of the Service.
1. Jetlun Energy Manager or EBox. You may access and use the Service only with an Jetlun Energy Manager or Ebox (the "Jetlun Gateway") that is authorized to receive the Service and you agree not to tamper with or otherwise modify the Jetlun Gateway or any software embedded in the Jetlun Gateway. By using the Service, you agree to receive any software updates and upgrades that Jetlun sends to your Jetlun Gateway.
2. Software Licenses. You agree to comply with any software licenses that accompany the Jetlun Gateway or any products or software provided by Jetlun. You may not publish, display, disclose, modify, distribute, or create derivative works based on the Site, any software embedded in the Jetlun Gateway, or any software available through, or used to power, the Site or the Service (collectively, “Software”). You may not reverse engineer, decompile, translate, adapt, disassemble or otherwise attempt to derive any source code or any underlying processes or algorithms from any such Software.
3. Automatic Communications Features. The Jetlun Gateway contains Software that consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the Jetlun Gateway that contains such Software, you consent to such Software’s communications features. Once you use the Jetlun Gateway, user information including your User ID may be sent in communications with Jetlun's servers. This information is used to access your account and to provide the Service. Jetlun may match this information to personally identifiable information in order to provide you with the Service.
4. Telephone Access and Possible Charges. You are responsible for any telecommunications or other connectivity charges (including SMS charges) incurred as a result of using the Service and acknowledge and agree that you shall be solely responsible for all disputes with any telecommunications company related to the same.
All information that you provide to Jetlun must be accurate, including your name, address, credit or charge card numbers and expiration dates and any Service payment information ("Registration Data"). You are responsible for keeping such information up to date and must provide changes promptly to Jetlun by entering such information on the Site or by contacting customer service. We may terminate your Account if we are unable to verify or authenticate the information you provide to us.
You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these Terms, and such breach may result in suspension or termination of the Service and possibly referral to law enforcement authorities. Obtaining unauthorized access to the Service, restricted portions of the Service or the telecommunications or computer facilities used to deliver the Service is a breach of these Terms whether or not such activities are a violation of the law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Service, including public use, and you must take prompt remedial measures upon notice of breaches or potential breaches of security. You agree to immediately notify Jetlun of any unauthorized use of your password or account or any other breach of security. As a condition of your use of the Service, you will not:
Jetlun will use its reasonable commercial efforts to ensure the availability of the Service, but Jetlun makes no commitments regarding any particular uptime level. Jetlun will use its reasonable commercial efforts to notify you in advance of any scheduled downtime, but does not guarantee that you will receive prior notice of downtime in all cases.
Jetlun may make changes to the Service and the Site at any time without notice.
The content, information, Software, images, files, logos, service names, graphics, text, documents and services (“Materials”) offered on, or used to power, the Site or the Service, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or this Site may violate such laws and these Terms. Except as expressly provided herein, Jetlun do not grant any express or implied rights to use the Materials. Jetlun is a trademark or registered trademark of Jetlun Corporation in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
You agree to hold harmless and indemnify Jetlun, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Jetlun and Partners") from and against any third party claim arising from or in any way related to your use of Jetlun’s services, violation of the Terms or any other actions connected with use of Jetlun’s 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, Jetlun will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF JETLUN SERVICES IS AT YOUR SOLE RISK. JETLUN SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JETLUN AND PARTNERS 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.
JETLUN DO NOT WARRANT THAT (i) JETLUN SERVICES WILL MEET YOUR REQUIREMENTS, (ii) JETLUN SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF JETLUN SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH JETLUN SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETLUN 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 JETLUN OR THROUGH OR FROM JETLUN’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JETLUN 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 JETLUN OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE JETLUN SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM JETLUN SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON JETLUN’S SERVICES; OR (v) ANY OTHER MATTER RELATING TO JETLUN SERVICES.
NOTHING IN THIS AGREEMENT 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 ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on the Site may refer to products, programs or services that are not available in your country. Contact Jetlun directly email@example.com for information regarding the products, programs, and services that may be available to you.
This Site is controlled, operated, and administered by Jetlun from its and its contractors’ facilities within China. Jetlun makes no representation that this Site or the Service are appropriate or available for use at other locations outside the China, and access to this Site from territories where the Site or the Service is illegal is prohibited. If you access this Site or use the Service from a location outside the China, you are responsible for compliance with all local laws where you reside.
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Jetlun and govern your use of Jetlun’s services, superceding any prior agreements between you and Jetlun for the use of Jetlun’s services.
Choice of Law and Forum. The Terms and the relationship between you and Jetlun shall be governed by the laws of Hong Kong, SAR without regard to its conflict of law provisions. You and Jetlun agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong, SAR.
Waiver and Severability of Terms. The failure of Jetlun 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.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Jetlun services or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.