Site Terms and Conditions of Use

  1. User's Acknowledgment and Acceptance of Terms; Modifications
    1. Terms of Use and Guidelines.  JumpBox Inc (“JumpBox”, or "us" or "we") provides the JumpBox Inc. web site and various related services (collectively, the "Site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Site, users shall be subject to any additional posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use, including without limitation JumpBox’s Privacy Policy (http://www.jumpbox.com/privacy-policy/), which describes the information JumpBox collects, and how we use and disclose such information (collectively, the “Guidelines”). All such Guidelines are hereby incorporated by reference into and made a part of these Terms of Use.  
    2. Subscribing Organizations.  If you are registering for or using the Site on behalf of a group, company, entity, or organization (a “Subscribing Organization”), you represent and warrant that you are the Subscribing Organization’s authorized representative with the authority to bind it to these Terms of Use, and you hereby do agree on its behalf to be bound by these Terms of Use.  In such a case, references to “you” in these terms shall be construed to mean you in your individual capacity, as well as the Subscribing Organization and any other individual that uses the Service on the Subscribing Organization’s behalf or with the Subscribing Organization’s authority or consent, but excludes the Subscribing Organization’s Affiliates.
    3. Acceptance of Terms.  BY REGISTERING FOR AN ACCOUNT, USING THIS SITE, AND/OR ACCESSING AND USING ANY MATERIALS YOU OBTAIN FROM OR THROUGH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, YOU MAY NOT USE THE SITE. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
    4. Modifications.  These Terms of Use are effective as of April 1, 2013.  We reserve the right to update or modify the Terms of Use at any time without prior notice, and such changes will become effective in accordance with the following.  In the case of material changes to the Terms of Use, We will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism.  Modifications to the Terms of Use will be effective upon the earlier of (i) your first use of the Site with actual notice of such change, or (ii) 30 days from posting of such change.  Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified Terms of Use.  If you do not agree to the modified Terms of Use, your sole and exclusive remedy is to terminate your account and cease use of the Service, and by providing JumpBox with written notice of your termination in connection with such a modification within thirty (30) days following the modification becoming effective you may receive a refund of a prorated portion of any fees you have paid in advance for services not yet rendered.  Notwithstanding the generality of the foregoing, disputes arising under these Terms of Use will be resolved in accordance with the version of the Terms in place at the time the dispute arose.  These Terms of Use will identify the date of last update, and we encourage you to review them periodically to stay informed of the latest modifications.
    5. Affiliates.  As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
  2. Description of Services; Subscription and Fees
    1. Access to software
      1. We make various services available on this Site including, but not limited to various preconfigured packages of software components, which include both third party software components (“Third Party Software” as well as JumpBox proprietary software (“Jumpbox Software”, as packaged together with Third Party Software, a “JumpBox”), which may be downloadable or deployable directly in the cloud, as well as various services and features to allow you to manage your account and other like services.
      2. We have no obligation to maintain any particular JumpBox Software and may add and discontinue JumpBoxes at any time. As a subscriber to the Site, as contemplated below, you will have access to the then-current JumpBox library and JumpBox Software as it may change from time to time. Once we discontinue a JumpBox or any piece of JumpBox Software, you may continue to use any instance that you currently have implemented, but we will no longer maintain, update or support JumpBoxes or JumpBox Software that has been discontinued.
      3. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access). 
      4. We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms of Use.
    2. Subscriptions.  In order to use certain features of the Site, such as obtaining access and updates to JumpBoxes, you must register and pay for a subscription.  Subscriptions are for the term selected at the time of registration, and automatically renew on expiration of the then-current term, unless you cancel your subscription prior to such expiration (together, the “Subscription Term”).  All purchases of subscriptions, and any other products and services from JumpBox are subject to JumpBox’s Terms of Sale.
    3. Fees.  Subscription Fees are billed at JumpBox’s then-current rates, and are charged to your payment instrument automatically in advance each month, provided that JumpBox may, from time to time in its sole discretion, offer certain additional benefits if you choose to pay for a longer Subscription Term in advance, such as discounted rates or an extension to the Subscription Term.  Except and solely to the extent expressly set forth elsewhere in these Terms of Use, JumpBox does not offer refunds of subscription fees or any other fees in any circumstance. 
    4. Free Trial.  JumpBox may make certain subscription based services available to you on a “free trial” basis for a limited time (the “Trial Period”), in which case, registration and payment information will be required up front, but applicable fees will not be charged until the expiration of the Trial Period.  If you do not wish to continue with a paid subscription you must terminate your registration prior to the end of the Trial Period. 
  3. Use of JumpBoxes.
    1. Third Party Software.  Third Party Software is provided under separate license terms (“Third Party Terms”), which are accessible and available for your review within the JumpBox, or directly from the applicable provider.  Your use of such Third Party Software in conjunction with the JumpBox Software in a manner consistent with these Terms of Use is permitted; however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third Party Software independent of the JumpBox Software.
    2. JumpBox Software.  Subject to your full and ongoing compliance with these Terms of Use, including without limitation payment of all applicable fees, JumpBox grants you a limited, nonexclusive, revocable, non-assignable, non-sublicensable license to install and use JumpBox Software during the Subscription Term, solely as embodied in JumpBoxes that are available to you through your account on the Site consistent with the level of subscription for which you have registered and paid all applicable fees, and solely in connection with deployment and use of the applicable JumpBox for your internal business purposes.  
    3. Provider License.
      1. To the extent that you have registered and paid for a “Provider” account subscription, the license granted in Section 3.b, above, includes the right to make JumpBoxes available to customers of your cloud-based service, for their deployment and use the hosting environment you offer under your own brand name (excluding any services provided by affiliates), and solely for such customers’ internal business purposes (the “Subscriber License”).  To the extent your Subscribing Organization provides cloud based services that are promoted and marketed under different brand names, each such brand requires its own account registration and the payment of a separate subscription fee.
      2. For Providers with a current and paid-up Subscriber License, JumpBox may in its discretion make available certain JumpBox marketing materials to assist in the marketing of the Provider's Subscriber License ("JumpBox Materials"). Such Providers may not modify the JumpBox Materials without JumpBox's prior express written approval and may not otherwise use the JumpBox Materials for any purpose other than for Provider's internal business purposes in the limited distribution and marketing of JumpBoxes to the Provider's hosting customers.
      3. Providers may request additional development services from JumpBox to be agreed by JumpBox in writing.

    4. Restrictions.  Except as expressly permitted by a Subscriber License, if applicable, the licenses to the JumpBox Software granted hereunder expressly exclude any right to redistribute the JumpBox Software, to use the JumpBox Software on a standalone basis (outside of the context of the particular JumpBox in which it was delivered or made available to you) or to use (or allow any hosting customer to use) any JumpBox Software after the conclusion of the applicable Subscription Term.  Except and solely to the extent that such a restriction is impermissible pursuant to applicable law, you may not (i) reverse engineer, decompile, or otherwise attempt to access and source code to any JumpBox Software provided to you in binary form, or (ii) disrupt, block, circumvent, or otherwise interfere with any feature of the JumpBox Software, including without limitation any subscription and/or license control mechanism or other security, encryption, or access control mechanism.
  4. Registration
  5. In order to access some of the services on the Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data, including payment instrument information ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.  Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party.  As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password.  If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify JumpBox by e-mail to [e-mail here].  You are solely responsible for your own losses or losses incurred by JumpBox and others (including other users) due to any unauthorized use of your account that occur prior to notifying JumpBox that your account was compromised.

    Conduct on Site

    Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information – or otherwise utilize the Site or a manner that:

    1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or inappropriate, including without limitation any explicit or graphic descriptions or accounts of sexual acts or sexual language or images of a violent or threatening nature directed at another individual or group of individuals, or otherwise violates our Guidelines or other rules or policies;
    2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    3. infringes on any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary or intellectual property right of any party;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
    6. impersonates any person or entity, including any of our employees or representatives.

    We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, we and our agents have the right at their sole discretion to refuse to publish and/or remove any content at any time for any reason with or without notice. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

    In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server, or to access or use any feature of the Site or any content thereon beyond the scope of the access for which you have registered and paid all applicable fees. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

    You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating the Terms of Use. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  6. Third Party Sites and Information
  7. This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  8. Intellectual Property Information
  9. The Site and the content thereof is Copyright (c) 2006-2013 JumpBox, Inc. All Rights Reserved.

    For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or accessed by users on the Site, including without limitation the JumpBox Software and JumpBox Materials, as applicable. This includes message boards, chat, and other original content.

    By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of JumpBox Inc and/or its Affiliates and licensors. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

    Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties. See Section 10 (“Digital Millennium Copyright Act”) below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes a copyright of a third party.

    The following are registered trademarks, trademarks or service marks of JumpBox or its Affiliates: JumpBox. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of JumpBox or its Affiliates or third parties.  Provider may use JumpBox marks to accurately and notmisleadingly refer to JumpBox in connection with the provision of unmodified JumpBoxes to Provider’s customer, provided that Provider includes all applicable proprietary notices, does not modify or composite any JumpBox marks, and does not imply any relationship with, or affiliation or endorsement by JumpBox. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of JumpBox or its Affiliates or any third party.

  10. User Content
    1. License Grant.  The Site may include features that allow you to submit content, including text, images, and other media files (“User Submissions”), such as when you create a profile, submit a comment, or post on a forum.  You retain all right, title and ownership to all intellectual property rights in original aspects of your User Submissions.  By submitting User Submissions to us, you hereby grant to JumpBox a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise utilize your User Submissions in connection with developing, enhancing, providing, syndicating, promoting, and advertising the Site and JumpBox’s products and services. You also agree to waive (and cause to be waived) any claims and assertions of so called “moral rights” with respect to your User Submissions.
    2. Representations and Warranties.  You are solely responsible for your User Submissions and the consequences of posting or publishing them.  By uploading and publishing User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have all the necessary licenses, rights, consents, and permissions to authorize us to use and distribute your User Submissions in the manner consistent with the features of the Site and these Terms of Use; (2) your User Submissions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy or other property rights of any other person; and (3) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that may have the effect of compromising any security or access control feature of the Site or of any JumpBoxes, JumpBox Software, Third Party Software, or Third Party Service.  
    3. Disclaimer.  You understand that when using the Site you will be exposed to User Submissions or other content from a variety of sources, and that we are not responsible for the quality, accuracy, usefulness, or intellectual property rights of or relating to such User Submissions and other content.  You further understand and acknowledge that you may be exposed to User Submissions (including without limitation communications with other users through comments, forums, or other similar features) and other content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against us with respect thereto.  We do not endorse any User Submissions, and we expressly disclaim any and all liability to you in connection with User Submissions and other content.  We reserve the right to determine in its sole discretion whether to remove any User Submission or other content, but we have no obligation to monitor or otherwise control User Submissions on the Site, except as set forth in Section 10, below.  For clarity, Origo Networks does not permit infringing User Submissions on the Site.  
  11. Submissions are Non-confidential 
  12. Subject to our Privacy Policy, any communication or material that you transmit to the Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary, regardless of any notice to the contrary in your communication or transmission. While you retain all rights in such communications or material, you grant us and our agents, affiliates, and successors a non-exclusive, paid-up, perpetual, irrevocable, transferable, sublicensable, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

    Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

  13. Digital Millennium Copyright Act
  14. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those we determine to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing: 

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site; 
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;  
    • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and 
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content."). 

    Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: 

    Designated Agent for Claimed Infringement:


    Contact: Bryan Kirch


    Address: 275 N Gateway Drive #12, Phoenix, Az. 85034


    Email:  copyright@jumpbox.com


    Phone: 602-492-4218

    For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to our general info or customer service contacts.  Please note that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and any removal requests may not be acted upon.  Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  15. Disclaimer of Warranties
  16. JUMPBOXES (INCLUDING THE JUMPBOX SOFTWARE) AND ALL OTHER MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

    THIS SITE AND MATERIALS AVAILABLE THROUGH THE SITE, INCLUDING JUMPBOXES COULD INCLUDE BUGS AND OTHER TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

    THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

    Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

    Content available through the Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized JumpBox Inc spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Site for further information, which policies are incorporated by reference into these Terms of Use.

    You understand and agree that temporary interruptions of the services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  17. Limitation of Liability
  18. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

    FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

    SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  19. THIRD PARTY DISPUTES.  
  20. ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROVIDER OF THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 

    "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

  21. Indemnification
  22. Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site, JumpBoxes or JumpBox Software. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  23. Participation in Promotions
  24. From time to time, the Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

  25. International Use
  26. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations (a) do so on their own initiative, (b) consent to the transmission of their information to the United States for storage and processing, and (c) and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited. You may not export, directly or indirectly, any Confidential Information, JumpBox Materials or JumpBox Software or any products utilizing any such information to any country for which the U.S. Government or any agency thereof, at the time of export, requires an export license or other government approval without first obtaining such license or approval and the written approval of JumpBox.

  27. Termination of Use
  28. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site and all licenses granted to you hereunder (including without limitation any and all licenses to use JumpBox Software) immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Promptly following any termination or expiration of your subscription, you must uninstall, delete all copies of, and cease all use of any and all JumpBox Software.  Notwithstanding the foregoing, to the extent you are a Provider with a fully paid up Subscriber License, JumpBox will provide you a transition and wind down period of sixty (60) days following any termination or expiration ("Transition Period") to allow you to terminate your customers' access to and otherwise uninstall, delete all copies of, and cease all use of the JumpBox Software. In the event JumpBox terminates or suspends your access under a Subscription License for breach or violation of JumpBox's intellectual property rights, JumpBox is under no obligation to provide any Transition Period.  We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension, provided that if we terminate your subscription without cause you will receive a refund of a prorated portion of any fees you have paid in advance for services not yet rendered. In the event that we terminate your subscription for cause, we reserve the right to automatically bill your payment instrument for the remaining unpaid balance of subscription fees applicable to the remainder of the then-current annual subscription, if any.

  29. Dispute Resolution and Arbitration.  
    1. Generally.  In the interest of resolving disputes between us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding arbitration.  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Use.  You understand and agree that, by entering into these Terms of Use, you and we are each waiving the right to a trial by jury or to participate in a class action.
    2. Exceptions.  Notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.  
    3. Arbitrator. Any arbitration between you and JumpBox will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting JumpBox.
    4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice").  JumpBox's address for Notice is: JumpBox, Inc., PO Box 15265 Phoenix, AZ 85060. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").  We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or JumpBox may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by you or JumpBox shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, JumpBox shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by JumpBox in settlement of the dispute prior to the arbitrator’s award.
    5. Fees. In the event that you commence arbitration in accordance with these Terms of Use, JumpBox will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules.  Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If the arbitrator finds that either the substance of your claim or the relief sought in the 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 fees will be governed by the AAA Rules. In such case, you agree to reimburse JumpBox for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    6. No Class Actions. YOU AND WE 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 OR REPRESENTATIVE PROCEEDING.  Further, unless both you and JumpBox 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.
    7. Modifications. In the event that JumpBox makes any future change to this arbitration provision (other than a change to the JumpBox's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to JumpBox's address for Notice, in which case your account with JumpBox shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
    8. Enforceability.  If either Section 18.f by itself, or the entirety of this Section 18, is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 20 shall govern any action arising out of or related to these Terms of Use.


  30. Governing Law
  31. This site (excluding any linked sites) is controlled by us from our offices within the State of Arizona, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing the Site both of us agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. To the extent that any action hereunder is permitted to be brought in a court of law, each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Arizona with respect to such matters.

  32. Notices
  33. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@jumpbox.com, if by email, or at JumpBox Inc. PO Box 15265 Phoenix, AZ 85060 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

  34. Entire Agreement
  35. These terms and conditions (along with the Privacy Policy, Terms of Sale, and any other Guidelines), as may be modified from time to time as provided herein, constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended except as expressly provided herein or by mutual agreement of you and us that is in writing and signed by your and our authorized representatives. Except as expressly set forth herein, any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

  36. Miscellaneous
  37. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

    These Terms of Use, and all the rights and licenses granted herein are personal to you, and do not extend to any Affiliate or other third party.  You may not assign, delegate, or sublicense your rights and obligations under these Terms of Use to any party, whether by sale of stock or assets, merger, change of control, operation of law, or otherwise, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of your and our successors and permitted assigns.

    You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site, or use of or access to the Site.

    In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

    If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, or if not capable of such construction shall be deemed severed from these Terms of Use, and the remaining portions shall remain in full force and effect.

    Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision, nor shall any waiver of any term or provision or in any specific case be deemed or interpreted to constitute a waiver of any other term or in any other case.

  38. Contact Information
  39. Except as explicitly noted on the Site, the services available through the Site are offered by JumpBox Inc, a Delaware Corporation, located at PO Box 15265 Phoenix, AZ 85060. Our telephone number is 602-492-4218. If you notice that any user is violating these Terms of Use, please contact us at info@jumpbox.com.

Terms and Conditions of Sale

  1. Sale and Purchase of Services
  2. JumpBox Inc ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, services of the description and quantity described on the signup form or other transaction documentation ("Sign Up") and incorporated herein by this reference ("Services") on the terms and conditions set forth in this Agreement.

  3. Purchase Price
  4. Buyer agrees to pay the Purchase Price of the Services as posted on this website attached hereto. 

  5. Payment Terms
  6. The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at service initiation. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein, including without limitation to suspend and/or terminate provision of any applicable Services or licenses granted to Buyer, and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements. Services with a subscription term will automatically renew at the end of such term, and extend for additional terms of the same length unless You give written notice of non-renewal to Seller at least fifteen (15) calendar days prior to the end of the Initial Term or the then-current Renewal Term, as applicable. The Initial Term and any Renewal Term are collectively referred to as the “Subscription Term”. 

  7. Delivery
  8. Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. 

  9. Promotional Participation
  10. Qualification and participation in the Amazon Web Services (AWS) Free Usage Tier promotion is limited to the AWS Free Usage Tier and subject to the AWS Free Usage Tier Offer Terms. Use of AWS in excess of free usage amounts will be charged standard AWS rates. Seller is not responsible for usage fees accrued and billed by AWS while using the AWS EC2 system.

  11. Charges for Cloud Services delivered on Third Party Cloud Services
  12. As part of your subscription you may have access to deploy applications on third party cloud services, such as the Amazon Web Services (AWS) Elastic Compute Cloud (EC2) service (“Third Party Services”). Usage of Third Party Services is governed by separate terms and subject to separate fees, and Seller is not responsible for usage fees accrued and billed by the applicable third party while using the Third Party Service. The Seller is not responsible for operation and availability of instances deployed on Third Party Services.  Buyer is solely responsible for compliance with the applicable terms and payment of applicable fees associated with such Third Party Services, and hereby agrees to indemnify, and hold Seller and its Affiliates harmless from all liabilities, claims, harms, losses, and expenses, including attorney’s fees, associated with Buyer’s use or misuse of Third Party Services. 

  13. Support Incidents
  14. For subscription plans that include bundled support incidents, incidents not consumed during a subscription period do not roll over or carry forward into future subscription periods.

  15. Disclaimer of Warranty/Limitation of Liability
  16. Seller undertakes no responsibility for the quality of the Services or that the Services will be fit for any particular purpose for which Buyer may be buying the Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

    SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE SERVICES OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

    IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

    SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE SERVICES.

  17. Force Majeure
  18. Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Services or the manufacturing facility for the Services, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Services. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

  19. General
  20. Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Services, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Arizona, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Arizona and hereby waives any objection to such jurisdiction and venue