Terms of Use

Last modified: 23.06.2022

Introduction

Welcome to the J-Vite Web-App (“Web-App”) at j-vite.com. Please, read these Terms of Use (the “Terms”) and our Privacy Policy carefully because they govern your use of the Web-App.

Acceptance of Terms of Use

J-Vite LLC, an Illinois Limited Liability Company (referred to as “J-Vite", "us" or “we”) provides the J-Vite Web-App subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). By clicking “I agree” to accept these Terms or accessing and using the Web-App, you agree that you have read, understood and accepted all of the terms and conditions stated in these Terms as well as our Privacy Policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditionsapplicable to those features. If you do not agree to be bound by these Terms and to be responsible for compliance with any local laws and regulations, it is your choice not to use the Web-App.

Changes to These Terms

We reserve the right to review and modify these Terms from time to time and if we make any changes to these Terms, we will notify you by updating the “Last Modified Date” above.

Our Web-App and all of the functionality, features and contents (including but not limited to all the information, software, text, images, design) are owned by J-Vite LLC and are protected by United States copyright, trademark and other intellectual property regulations, as applicable. The company reserves the right to change, modify, add, or remove our Web-App at our sole discretion without notice. We also will not be liable if any part or even all the Web-App is unavailable at any time.

Our Services

J-Vite LLC provides Web-based software for the purpose of managing and planning personal events, including but not limited to creating and sending out invitations, managing guest lists, receiving and making financial gifts in regard to such events and creating seating charts (“Services”).

Eligibility

You may use the Services only if you are at least 18 and are able form a binding contract under applicable laws.

Registration

In order to access and use the Services, you’ll have to create an “Account”. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from and about our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Electronic Fund Transfers (EFTs) and Account Balances.

J-VITE partners with financial services software company Sila Inc. (Sila) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers (EFTs). By creating a J-VITE account and initiating bank deposits or withdrawals, you agree to Sila’s terms of service, https://silamoney.com/terms-of-service/, Sila’s acceptable use policy, https://silamoney.com/acceptable-use-policy/, and Evolve’s demand deposit account agreement, https://silamoney.com/evolve-bank-deposit-agreement/, (together, the “Partner Terms”). You must comply with the Partner Terms when creating or using your J-VITE Account. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into these Terms of Use. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR J-VITE ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

Depositing and Payout Procedures

With regard to procedures and policies involving payment depositing/payout procedures (including any applicable waiting periods), refunds, and chargebacks, you should contact the payment processor in question for details and current policies. J-Vite assumes no liability, obligation or responsibility with regard to issues or errors regarding payouts, refunds and chargebacks, and you are directed to resolve these matters with the provider in question.

Account Cancellation Policy

You may cancel your J-Vite Account at any time by sending us an email to contact@j-vite.com. Upon successful receipt of your cancellation request we will send you an email confirmation that your account has been cancelled. Your proof of cancellation is the receipt of this confirmation email; if you do not receive the confirmation email within 7 days of your request, then we have not received said request and you will need to notify us regarding this. Once a J-vite Account is canceled, all remaining Wallet balance will be payable immediately to the Account Owner.

Electronic Communications

You are communicating electronically with us when you visit the Web-App, provide information via the Web-App or send e-mails to us. As a User of the Web-App or an Attendee of an event posted and promoted via the Web-App, you consent to receive communications from us electronically. We will communicate with you by e-mail and by posting information or notices via the Web-App, as applicable.

Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.

Indemnification

Upon request, you agree to defend, indemnify, and hold us harmless from any and all liabilities, claims, costs (including, without limitation, settlement costs), and expenses (including attorney`s fees), that directly or indirectly arise from your use or misuse of this site including, but not limited to, (i) your access to or use of the Services, (ii) your User content, (iii) your relationship with any other Third Party Providers or (iii) your violation of these Terms.

Termination of Use

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and J-Vite agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide J-Vite with written notice of your desire to do so by email or regular mail at 14812 S Campbell Ave Posen, IL 60469 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide J-Vite with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide J-Vite with an Arbitration Opt-out Notice, will be the state and federal courts located in the State of Illinois and each of the parties hereto waives any objectionto jurisdiction and venue in such courts. Unless you timely provide J-Vite with an Arbitration Opt-out Notice, you acknowledge and agree that you and J-Vite are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and J-Vite otherwise agree in writing, the arbitrator may not consolidate more than one person`s claims, and may not otherwise preside over any form of any class or representative proceeding.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Notices

Any notices or other communications provided by J-Vite under these Terms will be given: (i) via email; or (ii) by posting to the Web-App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Entire Agreement

This agreement supersedes all prior agreements, if any, between the parties, and constitutes the entire agreement and understanding between the parties with respect to the subject matter of this agreement.

Contact Information

If you have any questions or concerns regarding these Terms, you may contact us at contact@j-vite.com or send a letter to 14812 S Campbell Ave Posen, IL 60469.