Jituzu Web Site and Products Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN YOU MAY NOT USE THIS WEBSITE OR THE PRODUCTS.

This service is provided by Jituzu, Inc. (“we” or “JITUZU”) to you (“you” or “SUBSCRIBER”), subject to the terms of these Terms and Conditions of Use, and the rules that may be published from time to time by Jituzu.

1. Products

We provide a variety of products to providers of healthcare and other services, as well as to the recipients of those services, including:

• Online appointment scheduling;
• Appointment reminders;
• Credit card merchant accounts & payment processing;
• Mobile applications;
• Client portal & bill pay
• Messaging between subscribers;
• Messaging between subscribers & their clients
• Public-facing profile web pages

In addition to the products described above, we provide a variety of related offerings, mobile applications (including tablet applications), and services. These and any related offers and services are referred to in these Terms and Conditions of Use as the “Products”.

We reserve the right to modify, revise, suspend or discontinue any Product in whole or in part, either temporarily or permanently, with or without notice, and you acknowledge that we are not obligated to support or update the Products in any manner. If we discontinue a Product, we will provide with you advance notice and an opportunity to cancel your account.

2. General Terms and Conditions

This website and our Products are provided subject to these Terms and Conditions of Use, as they may be amended by us, and any guidelines, rules or operating policies that we may post on this website, including, without limitation our Privacy Policy, which are specifically incorporated herein by reference (collectively, the “Agreement”). We reserve the right, at our discretion, to change this Agreement on a going-forward basis at any time. Please check this Agreement periodically for changes. In the event that a change to this Agreement materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Products. Material modifications are effective upon your acceptance of such the modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under this Agreement will be resolved in accordance with this Agreement in effect that the time the dispute arose.Any terms and conditions that may be contained in any acknowledgement, invoice, purchase order or other form that you provide are specifically null and void.

This website and the Products are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, this website and the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use this website or the Products. If you are using this website or the Products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of this website and the Products.

You agree to provide true, accurate, and current and complete information about yourself and your organizations, as applicable, as requested in the registration form and elsewhere on this website, and agree to update such information if it changes.

3. Protected Health Information

SUBSCRIBER may make available or transfer to JITUZU Protected Health Information (as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (as amended) (“HIPAA”), in conjunction with Products that are being provided by JITUZU to SUBSCRIBER. If SUBSCRIBER is a Covered Entity (as that term is defined under HIPAA), this Section 3 of this Agreement will apply. To the extent that SUBSCRIBER is not a Covered Entity, this Section 3 will be of no force or effect.

1. Definitions
1. Individual. “Individual” will have the same meaning as the term “individual” in 45 CFR § 64.501 and will include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g).
2. HIPAA Privacy Rule. “HIPAA Privacy Rule” will mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.
3. Protected Health Information, “Protected Health Information” or “PHI” will have the same meaning as the term “protected health information” in 45 CFR § 164.501, limited to the information created or received by JITUZU from or on behalf of PROVIDER.
4. Required by Law. “Required By Law” will have the same meaning as the term “required by law” in 45 CFR § 164.501.
5. Secretary. “Secretary” will mean the Secretary of the Department of Health and Human Services or his/her designee.

Other terms used in this Section 3, but not defined in this Agreement will be defined as they are defined in the HIPAA Privacy Rule.

2. Obligations and Activities of JITUZU

JITUZU agrees to:

1. Not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required By Law.
2. Use reasonable and appropriate safeguards to protect the confidentiality, integrity and availability of the Protected Health Information.
3. Mitigate, to the extent practicable, any harmful effect that is known to JITUZU of a use or disclosure of Protected Health Information by JITUZU in violation of the requirements of the Section 3.
4. Report to SUBSCRIBER any use or disclosure of the Protected Health Information not provided for by this Section 3 of which it becomes aware.
5. Ensure that any agent, including a subcontractor, to whom it provides Protected Health Information agrees to the same restrictions and conditions that apply through this Section 3 to JITUZU with respect to such information.
6. Provide access, at the request of SUBSCRIBER to Protected Health Information in a Designated Record Set, to SUBSCRIBER or, as directed by SUBSCRIBER, to an Individual in order to meet the requirements under 45 CFR § 164.524.
7. Make any amendment(s) to Protected Health Information in a Designated Record Set that the SUBSCRIBER directs or agrees to pursuant to 45 CFR § 164.526 at the request of SUBSCRIBER or an Individual, and in the time and manner mutually acceptable to JITUZU and SUBSCRIBER.
8. Make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information available to the Secretary, in a time and manner or designated by the Secretary, for purposes of the Secretary determining SUBSCRIBER’S compliance with the HIPAA Privacy Rule.
9. Document such disclosures of Protected Health Information and information related to such disclosures as would be required for SUBSCRIBER to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528.
10. Provide to SUBSCRIBER or an Individual in timely manner information collected in accordance with Section (i) of this Agreement, to permit SUBSCRIBER to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528.
11. Comply with the security and privacy provisions of HIPAA made applicable to business associates under the HITECH act with respect to the Protected Health Information.
12. Ensure that any PHI is secured so that it does not qualify as Unsecured PHI.
3. Permitted Uses and Disclosures by JITUZU

General Use and Disclosure Provisions

1. Except as otherwise limited in this Section 3, JITUZU may use or disclose Protected Health Information to provide the Products to SUBSCRIBER if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule if done by SUBSCRIBER.
2. Except as otherwise limited in this Section 3, JITUZU may use Protected Health Information for the proper management and administration of JITUZU or the Products or to carry out the legal responsibilities of the JITUZU.
3. Except as otherwise limited in this Section 3, JITUZU may use Protected Health Information to provide Data Aggregation services to SUBSCRIBER as permitted by 42 CIK §164.504(e)(2)(i)(B).
4. To report violations of law to appropriate Federal and State authorities.
4. Obligations of SUBSCRIBER

SUBSCRIBER will:

1. Notify JITUZU of any limitation(s) in its notice of Privacy practices of SUBSCRIBER in accordance with 45 CFR § 164.520, to the extent that such limitation may affect JITUZU'S use or disclosure of Protected Health Information.
2. Notify JITUZU of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect JITUZU'S use or disclosure of Protected Health Information.
3. Notify JITUZU of any restriction to the use or disclosure of Protected Health Information that SUBSCRIBER has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect JITUZU'S use or disclosure of Protected Health Information.
4. Use any Product only in the manner in which is was intended.
5. Agree not to share account access information such as usernames or passwords, or any information that may permit another person to access SUBSCRIBER account with JITUZU, and take full responsibility for the protection of their account login credentials, including adequately protecting their computer from viruses and other malware.
6. Not request that JITUZU use or disclose the Protected Health Information in any manner that would not be permissible under HIPAA if done by SUBSCRIBER.
7. Comply with HIPAA, including all notification requirements under the HITECH Act.
5. Breach and Termination
1. Upon PROVIDER'S knowledge of a material breach of this Section 3 by JITUZU, SUBSCRIBER will either:
1. Provide an opportunity for JITUZU to cure the breach or end the violation and terminate this Agreement if JITUZU does not cure the breach or end the violation within the reasonable time specified by the SUBSCRIBER;
2. Immediately terminate this Agreement if JITUZU has breached a material term of this Agreement and cure is not possible; or
3. If neither termination nor cure are feasible, SUBSCRIBER may report the violation to the Secretary.
2. Effect of Termination:
1. Except as otherwise provided in this Agreement, upon termination of this Agreement, for any reason, JITUZU will return to SUBSCRIBER or destroy all Protected Health Information. This provision will apply to Protected Health Information that is in the possession of subcontractors or agents of JITUZU.
2. In the event that JITUZU determines that returning or destroying the Protected Health Information is infeasible, JITUZU will provide to SUBSCRIBER notification of the conditions that make return or destruction infeasible. Jituzu will extend the protections of this Section 3 to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to the purposes that make the return or destruction infeasible, for so long as Jituzu maintains such Protected Health Information.
3. Amendment. Jituzu agrees to take such action as is necessary to amend this Section 3 from time to time as is necessary for Jituzu and SUBSCRIBER to comply with the requirements of HIPAA and such amendments will be effective upon their posting to this website by Jituzu.
4. Ambiguity. Any ambiguity in this Agreement will be resolved to permit PROVIDER to comply with the Privacy Rule.

4. Other Terms and Conditions


1. Indemnity
   
   You agree to indemnify and hold JITUZU and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Products, your violation of this Agreement, your violation of any rights of another, or any disputes between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.


2. Disclaimer of Warranty
   
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JITUZU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) JITUZU MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JITUZU OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.


3. Limitation of Liability
   
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT JITUZU WILL NOT BE LIABLE FOR ANY 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 JITUZU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PRODUCTS. JITUZU'S TOTAL AGGREGATE LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO JITUZU IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
   
   TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU PRESENT USING OUR PRODUCTS AND FROM ANY CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).
   
   EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 4(D) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
   
   Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.


4. Limited License
   
   Subject to your compliance with this Agreement, JITUZU hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Products in the manner and for the purposes intended by JITUZU. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products“”; remove any proprietary notices or labels from the Products; modify, translate, or create derivative works based on the Products; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products.


5. User Content
   1. User Content Generally. Certain features of the Products may permit users to post content, including messages, reviews, photos, video, images, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Products. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Products.
   2. Limited License Grant to JITUZU. By posting or publishing User Content, you grant JITUZU a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in order to publicly display your User Content in the manner selected by you.
   3. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
      • you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize JITUZU and users of the Products to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4(F) and in the manner contemplated by JITUZU and this Agreement; and
      • your User Content, and the use thereof as contemplated herein, does not and will not: (1) 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 (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
   4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. JITUZU may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JITUZU with respect to any User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, JITUZU does not permit copyright-infringing activities on the Products.


6. Digital Millennium Copyright Act
1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Products, you may contact our Designated Agent at the following address:
   
   
   Jituzu
   2-20th Street North, Suite 500
   Birmingham, AL 35203
   E-mail: copyright@jituzu.com
   
   Any notice alleging that materials hosted by or distributed through the Products infringe intellectual property rights must include the following information:
   1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
   2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
   3. a description of the material that you claim is infringing and where it is located on the Products;
   4. your address, telephone number, and email address;
   5. a statement by you that you have a good faith belief that the use of the materials on the Products of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
   6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
2. Repeat Infringers. JITUZU will promptly terminate without notice the accounts of users that are determined by JITUZU to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User Content removed from the Products more than twice.
7. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

1. use the Products for any illegal purpose, or in violation of any local, state, national, or international law;
2. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights or by disclosing any personally identifying information or private information about any person without his or her (or parental, if applicable) consent;
3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
4. interfere with security-related features of the Products, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Products or any part thereof except to the extent that such activity is expressly permitted by applicable law;
5. interfere with the operation of the Products or any user’s enjoyment of the Products, including without limitation by: (1) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (2) making unsolicited offers or advertisements to other users of the Products; (3) attempting to collect, personal information about users or third parties without their consent; or (4) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Products, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
6. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Products accounts of others without permission, or falsifying your age or date of birth;
7. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 4(J)) or any right or ability to view, access, or use any Materials; or
8. attempt to do any of the foregoing in this Section 4(H), or assist or permit any persons in engaging in any of the activities described in this Section 4(H).
8. Third-Party Website and Services
   
   This website may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, telecommunications services, Payment Processing Services and other payment intermediaries or websites (each, a “Third Party Service”). Any Third Party Service accessed from this website or any of the Products is independent from us and we have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service. Any such Third Party Service may have terms of use and a privacy policy different than ours and you should review the applicable terms and policies, including privacy and data gathering practices before proceeding.
   
   We may terminate any Third Party Service's ability to interact with any of the Products at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Products at any time, with or without notice, and we will not be liable to you or to the third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.


9. Intellectual Property Matters

The Products are owned and operated by JITUZU. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Products (the “Materials”) provided by JITUZU are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Products are the property of JITUZU or our third-party licensors. Except as expressly authorized by JITUZU, you may not make use of the Materials. JITUZU reserves all rights to the Materials not granted expressly in this Agreement.

10. Account Access; Termination

If you violate any provision of this Agreement, your permission to use the Products will terminate automatically. We may, in our sole discretion, terminate your JITUZU account or your access to or use of the Products, disable your JITUZU account or access to the Products, remove all or a portion of your content, or put your JITUZU account on inactive status, in each case at any time, with or without cause, with or without notice and without refund. We will have no liability to you or any third party because of such termination or action, except that we will refund a pro rata portion of any prepaid amount if we terminate you without cause. Unless you or we terminate your account, you will continue to be responsible for paying any amounts owed to us hereunder. Upon termination of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2, 4(A)-(D), 4(J), 4(K), and 4(O)-(S).

11. Username and Password

You are responsible for maintaining the security of your JITUZU account, passwords and files. We will accept the instructions of any individual who claims to be authorized to direct changes to your JITUZU account so long as such person presents your username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Products. We have no knowledge of your organizational structure, if you are registering for the Products as an organization, or your personal relationships, if you are a person. You will be solely responsible and liable for any activity that occurs under your username and we will not be responsible for the actions of any individuals who misuse or misappropriate your content or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your JITUZU account or any other breach of security.

12. Privacy Policy; Additional Terms
    1. Privacy Policy. Please read the JITUZU Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The JITUZU Privacy Policy is hereby incorporated by reference into, and made a part of, this Agreement.
    2. Additional Terms. Your use of the Products is subject to any and all additional terms, policies, rules, or guidelines applicable to the Products or certain features of the Products that we may post on or link to on the Products (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Products. All such Additional Terms are hereby incorporated by reference into, and made a part of, this Agreement.


13. Special Terms Regarding Apple

If you download a JITUZU Product from Apple, Inc.'s App Store, your use of that product must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service. You acknowledge that this Agreement is entered into solely between you and JITUZU. This Agreement is not intended to provide for usage rules for the Product that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that:

1. if any third party claims that your possession or use of the Software infringes a third party's intellectual property rights, JITUZU is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
2. Apple has no responsibility for addressing any claims relating to the Software, including: (1) product liability claims; (2) maintenance and support; (3) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (4) any claim arising under consumer protection or similar legislation; and
3. Apple and its subsidiaries are intended third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
14. Governing Law

This Agreement will be governed by the laws of Washington.

15. Notices

Notices to you may be made via email, regular mail, or the Products may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Products. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

16. Assignment

You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.

17. Entire Agreement/Relation to Services Agreement Between Parties

This Agreement constitutes the entire agreement between you and JITUZU and governs your use of the Products, superceding any prior agreements between you and JITUZU. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and JITUZU will be governed by the laws of the State of Washington, USA without regard to its conflict of law provisions. You and JITUZU agree to submit to the personal and exclusive jurisdiction of the state courts located within the county of Benton County, Washington, USA, and federal courts located within King County, Washington. We operate the Products from our offices in Washintgon, and we make no representation that Materials included in the Products are appropriate or available for use in other locations. The failure of JITUZU to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. 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 the Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

There are no understandings or agreements relating to this Agreement which are not fully expressed in this Agreement and no change, waiver, or discharge of obligations arising under this Agreement will be valid unless, in writing and executed by the Party against whom such change, waiver, or discharge is sought to be enforced.

18. Contacting Jituzu

The Products are offered by Jituzu, Inc. located at 2-20th Street North, Suite 500, Birmingham, Alabama 35203. You may contact us by sending correspondence to the foregoing address or by emailing us at info@jituzu.com. If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement.