JAWA TERMS OF SERVICE
Last Revised September 12, 2023
Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.
This Agreement applies to all Jawa services currently being offered, including the website located at jawa.gg and associated social media and messaging channels on Discord and other third party platforms (collectively, the “Service(s)”). The Service provides an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Jawa is not a party to such sale or purchase.
There are risks that you assume when dealing with others, and unless otherwise set forth herein, these risks are borne by You alone, and not Jawa. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use our Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
The service is not available to temporarily or permanently suspended members of the Service. Jawa reserves the right to refuse access to the Service, or terminate the account of any User, at its sole discretion and for any reason or no reason at all. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security. Jawa will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Third Party Services
Jawa may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, email and telephone correspondence and other offers outside of the Jawa network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Jawa network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Jawa is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
5. Third Party Material
Jawa will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Jawa does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Jawa reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
6. User Acknowledgements
You agree that any feedback you provide Jawa regarding the Services is the property of Jawa and may be used or exploited in any manner without payment to you. You are participating in the Services in a voluntary basis and will not receive any compensation specifically for such participation.
7. Your Responsibilities
You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of Content, Postings, or Use of the Service that is illegal or prohibited by Jawa. Jawa may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes. You agree to not use the Service to (1) provide any Content, Postings, or otherwise that are unlawful, harmful, violent, hateful, illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior. (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service (3) create any derivative works or reviser engineer any part of the Service, or put unreasonable load on the Service infrastructure or disrupts the networks connected to the Service (4) promote any illegal activity or enterprise (5) stalk, harass, bully, impersonate or solicit information from anyone, especially those that are under the age of 18 (6) copy, scrape, harvest or use automated systems to collect contact information from the Service for use outside of those intended by this Terms of Service (7) to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship (8) pose a privacy or security risk (9) infringe on anyone’s intellectual property (10) spam any users with email, junk mail, fraud, schemes, or the like (11) transmit or upload viruses, worms, or interfere with the Service, or (12) take any action or inaction which Jawa, in its sole judgement, believes is questionable or could cause harm or liability.
8. Your Content
As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Jawa Service(s). By posting or otherwise transmitting any User Content you hereby grant and will grant to Jawa and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Jawa, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Jawa is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Jawa. You further understand and acknowledge that You may be exposed to 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 the Jawa Parties with respect thereto. Any and all Content You upload is not considered confidential by Jawa, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Jawa’s sole discretion, and Jawa has no control or liability over what other users do with your Content. You understand and agree that Jawa will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Jawa are non-confidential and Jawa shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
9. Intellectual Property Rights
You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Jawa retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Jawas intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Jawa Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Jawa. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Jawa.
10. Infringement Policy
Jawa respects the intellectual property of others and ask that our Users do the same. Although Jawa is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information: (1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized. If you work is removed due to infringement and You believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information and a consent to submitting to federal courts located in the Southern District of New York and a statement to accept service of process regarding the alleged infringement. Jawa will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact our Copyright Agent at legal@Jawa.com (Subject line: Takedown Request), or through mail:
Jawa Ventures, Inc. Attn:
1495 Canyon Street Suite 107
Boulder, CO 80302
11. Purchase and Sale Transactions
- Risks, No Warranty. You assume certain risks in using a marketplace service such as Jawa. Unless otherwise set forth herein, Jawa is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service.
- Fees & Currency All amounts are quoted in US dollars unless otherwise stated.
- Sales Fees. Jawa charges Sellers payment processing and service fees for transactions on the platform. Our fees are described in more detail here.
- Prohibited items. Jawa prohibits the listing or sale of counterfeit items, and any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the following:
- Stolen goods
- Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (such as "mod chips" to break the encryption on game computers to allow the playing of unlicensed game copies
- Any item that contains a computer virus, malware, or spyware
- Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely. You agree that your activities on our platform and the underlying products you sell comply with all applicable laws and ethical business practices, including but not limited to the ethical seller expectation linked here.
- Buyers. You are solely responsible for reading and reviewing the Item listing before making an offer or purchasing. The contract to purchase is between You and the Seller, not Jawa.
- Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Jawa including any shipping or additional fees listed. Jawa is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and payment assistance, but Jawa is not a Buyer or Seller of Items. Jawa may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities.
- Returns. If Buyer receives an item that's damaged, not as described in the listing, or if they are sent the wrong item, the Buyer must report the problem to Jawa within 2 (two) days of receipt. Buyer may use "Contact Us" in the Help Center, email email@example.com, or initiate a report directly on their item. If Jawa allows, items may be returned to the Seller for a refund. Items in the As-is/For Parts condition are not eligible for returns and refunds. Items that are hazardous or illegal shall not be returned. Refunds will be issued to the original form of payment. Refunds will be less any fees in certain situations outlined in "Sale Voidance" below. Other than as set forth in this paragraph, all Purchases are final, with no returns, refunds, cancellations, or retractions allowed.
Jawa sales are binding, though they may become void in certain circumstances:
- Seller may void a sale if the buyer does not meet stated, required criteria for buying.
- If the seller advertises US-only shipping and the buyer is in a different country, the seller may void the sale.
- Seller may void a sale if the buyer requests unreasonable shipping methods (e.g. overnight shipping).
- Seller may not (in good standing) void a sale because they forgot to include shipping costs.
- Seller may void a sale if they suspect fraud on the part of the buyer. In events of suspected fraud the seller must notify Jawa immediately.
- Seller may void a sale if the buyer does not meet stated, required criteria for buying.
- If a buyer requests a sale to be voided due to "buyer's remorse", the seller is not obligated to accept a return. Any refund in "buyer's remorse" situations should be less any fees. Jawa sale fees are not refundable in such situations.
- Shipping. Sellers must ship items within (3) days of purchase from the buyer. Specifically, they must:
- Only include shipping charges that are actually incurred and are related to the cost of shipping and handling the items being delivered
- Follow any category restrictions for maximum shipping costs
- Respond to firstname.lastname@example.org with tracking information once the item has been sent
- Shipping surcharges that result from incorrect dimensions and weight may be withheld from seller payouts
Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Jawa within two (2) days after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Jawa or failing to notify Jawa within two (2) days of delivery (as determined by tracking information), Jawa will credit Seller’s account with the Purchase price. Funds may be redeemed by Seller through Jawa’s permitted third party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service.
- Taxes. Taxes related to purchases on the Jawa platform vary based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. You are ultimately responsible for the verification, reporting and payment of any and all applicable taxes to the appropriate tax authorities.
- Payments. Buyers may pay for Items using payment methods approved by Jawa, and Jawa will receive payment from Buyer on behalf of Seller. By submitting payment information to Jawa You authorize Jawa to store that information and with your confirmation, charge You for any Items purchased.
12. Marketplace guidelines
Help us keep the Jawa community and marketplace safe by following the following rules:
Accurately represent yourself and your listings. Only list items you intend to sell and at a price you intend to sell it at. If you negotiate, do so in good faith.
- Sending chat messages intended to threaten, degrade, or harass another user
- Listing items associated with hate groups or glorifying violence
- Sending messages or listing items with racial slurs
- Listings or messages that provide false information
- Stores, listings, or messages that could be seen as offensive, sexually suggestive, spamming, trolling, or baiting
Stay on the platform
Jawa's buyer and seller protections will only apply if you complete the transaction on our platform. It's prohibited to attempt to take a transaction off of Jawa.
Jawa allows linking of personal business websites in profile pages under the condition that there is no language either written or implied to suggest that a customer bypass Jawa fees and purchase outside of the platform.
Keep it legal
All listed items must be legal to manufacture, sell and ship — under federal, state and local law.
13. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, JAWA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JAWA MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE 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, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
JAWA MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
14. Limitations on Liability
Jawa is not liable for (1) any Content posted on Our Services; (2) purchases, sales, or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Jawa pursuant to the Services (7) any cost of substitute goods or services.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree Jawa will have no liability or responsibility with respect to such interactions, purchases, or sales. Jawa reserves the right but is under no obligation to become involved in any dispute between You and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JAWA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT JAWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL JAWA BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO JAWA AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You agree to release, defend, indemnify and hold Jawa, its affiliates and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
16. Mobile Services
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
- Governing Law.
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in New York County, New York. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
- Dispute Resolution, Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
Jawa is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at email@example.com. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to Jawa, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days You or Jawa may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is USD $10,000 or less, at your request, Jawa will pay all Arbitration Fees. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by You within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
- Severability, Headings, Non-waiver
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Jawa will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY JAWA IN ITS SOLE DISCRETION AT ANY TIME. Jawa may modify or discontinue the service with or without notice. Jawa is not liable to You or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the "Last Revised" date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
We may suspend or terminate the Services or Your account at Our discretion without explanation, notice, and liability to Jawa including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing Your account for the Service. Jawa will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
- Export Controls and Laws
All Software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where You use, is Your responsibility and at Your own risk.
- Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
You agree We will provide notices and messages to You within the Services, or if required, via email or regular mail. You may provide Jawa notice and will be deemed provided once received by Jawa, addressed via mail to the address noted in the Questions, Comments section below.
- Questions, Comments
Please contact us with any questions, comments, or to report a violation of this Agreement:
Jawa Ventures, Inc.
1495 Canyon Street Suite 107
Boulder, CO 80302
18. Geographic Specific Provisions
- Users in California
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California:
California Civil Code. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.