Terms of Service

Accurate Information

You agree to maintain accurate information by providing updates to Just Get Productive LLC (Just Get Virtual affiliation), as needed, while You are using the Services. You agree You will notify Just Get Productive LLC within five (5) business days when any change of the information You provided as part of the subscription process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Just Get Productive LLC to determine the validity of the information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Just Get Productive LLC has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Just Get Productive LLC has the absolute right, in its sole discretion, to terminate its Services and close Your account.

Privacy

Just Get Productive LLC 's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Just Get Productive LLC 's responsibilities with regard to Your personal information. Just Get Productive LLC will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Just Get Productive LLC, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal information You supply to Just Get Productive LLC as part of the Services with regard to (i) the purposes for which such third party’s personal information has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal information; (iii) which parts of the third party’s information are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the information held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal information You supply to Just Get Productive LLC in the future. Just Get Productive LLC is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate information.

Accepted Use Policy

Just Get Productive LLC’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. By using any Services, You agree:

  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.

  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.

  • not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.

  • not to make, attempt or allow any unauthorized access to the cloud desktops provided by Just Get Productive LLC.

  • not to allow any remote code execution of malicious software through the cloud desktops provided by Just Get Productive LLC.

  • not to cause denial of service attacks, port scans or other endangering and invasive procedures against Just Get Productive LLC servers and facilities or the servers and facilities of other network hosts or Internet users.

  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of any User.

  • not to use Just Get Productive LLC services to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information.

  • not to use Just Get Productive LLC services to promote pornography or other content deemed adult-related; promote hatred for particular social, ethical, religious or other groups;

  • not to use Just Get Productive LLC services to promote viruses, Trojan horses, worms, time bombs, intentionally corrupted files, or any other similar software or programs with the intent to damage the operation of a computer

  • not to use Just Get Productive LLC services to damage a person's property promote violent or encouraging violence.

  • not to use warez, proxy servers, traffic relaying programs, torrent trackers, torrent Portals or similar software.

  • not to upload or use unacceptable material which includes: IRC bots, warez, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts.

  • not to engage in or to instigate actions that cause harm to Just Get Productive LLC or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.

Just Get Productive LLC reserves the right to refuse service to anyone upon Our discretion. Any material that in Just Get Productive LLC judgment, is either obscene or threatening is strictly prohibited and will be removed from Just Get Productive LLC servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Just Get Productive LLC will take corrective action upon our own discretion and will notify You. Just Get Productive LLC decision in such case is binding and final, and cannot be a subject of a further change. Just Get Productive LLC cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Just Get Productive LLC or any other third party. We have the right to terminate each and any account that has been suspended for any reason for more than 14 calendar days after the suspension date unless You take corrective measures to remove the initial suspension threat or violation. Just Get Productive LLC will not be liable for any loss or damages in such cases.

At its discretion, Just Get Productive LLC can remove and return any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

Storage and Security

At all times, you shall bear full risk of loss of Your cloud desktop content. You are entirely responsible for maintaining the confidentiality of Your passwords. You acknowledge and agree that You are solely responsible for all acts, omissions, and use under and charges incurred with Your account or password or in connection with the content stored on Your cloud desktops. You shall be solely responsible for undertaking measures to prevent any loss or damage to Your cloud desktop content and to ensure the security, confidentiality, and integrity of Your cloud desktop content transmitted through or stored on Just Get Productive LLC servers and to ensure the confidentiality of Your password.

Ownership

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Just Get Productive LLC or its licensors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgment, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Just Get Productive LLC and all right, title and interest in and to each such Derivative Work shall automatically vest in Just Get Productive LLC. Just Get Productive LLC shall have no obligation to grant You any right in any such Derivative Work.

Non-Exclusive License

If Just Get Productive LLC has included software in your service plan, Just Get Productive LLC grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on our cloud desktops. You agree to not alter or modify the software programming. Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

Third-Party Software

You can add and use third-party software on Your cloud desktops only if it is compatible and is approved by Just Get Productive LLC. Your use of any third party software is at Your own risk. Just Get Productive LLC does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Just Get Productive LLC will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third-party software. Just Get Productive LLC reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Billing and Payment

All fees for the Services shall be in accordance with Just Get Productive LLC 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for monthly renewal periods after the Initial month shall be due and owing immediately upon the first day of such renewal month. In addition, in the event that any amount due Just Get Productive LLC remains unpaid seven (7) days after such payment is due, Just Get Productive LLC, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $45.00 fee to reinstate accounts that have been suspended or terminated.

Your monthly billing date will be determined based on the day of the month Your cloud desktops were first made available to You. Just Get Productive LLC will automatically renew Your Services each month using the payment method you supplied while subscribing.

There is a one-time fee for adding a new user as agreed to on Your subscription form. Adding a new user is The first-month service fee for a new user desktop will be pro-rated by multiplying the fee for one user under your plan by 30 and then by the number of calendar days between the first day that cloud desktop is available and the last day of the current billing period. When a cloud desktop is removed from Your service there is no refund for the unused days in that month for that user.

Termination & Cancellation Policy

The initial term of Your agreement with Just Get Productive LLC shall be as set forth in Your subscription form. The Initial Term shall begin upon commencement of the services. After the Initial Term, your agreement with Just Get Productive LLC shall automatically renew for successive months, unless terminated or canceled by either party as provided in this section.

This agreement may be terminated: (i) by You via email at least three (3) working days before the account is due for monthly renew; or (ii) by Just Get Productive LLC at any time, without prior notice, if, in Just Get Productive LLC 's judgment, You are in violation of any terms or conditions herein; or (iii) in Just Get Productive LLC 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Just Get Productive LLC or could disrupt Just Get Productive LLC 's business operations; or (iv) by Just Get Productive LLC if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Just Get Productive LLC. In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You.

Customer Support

Just Get Productive LLC provides customer support to You at no additional fee for issues related to Just Get Productive LLC service only. Just Get Productive LLC has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.

You can request customer support via email or phone. Just Get Productive LLC will have no liability to provide customer support if it is requested in any other way. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.

Legal Purposes

The service can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Just Get Productive LLC reserves the right to refuse Service if You use this service in violation of this agreement. You agree that Just Get Productive LLC shall not be liable to you for loss or damages that may result from its refusal to provided the Services under this Agreement.

Account Use

You are responsible for the security of Your password. If you are required to supply or transmit sensitive information to Just Get Productive LLC you should take all due precautions to provide any sensitive information over a secure communication channel.

Currency

While all purchases are processed in US dollars, Just Get Productive LLC may provide an estimated conversion price to currencies other than US dollars. Due to potential slight time delays between actual purchase and the payment settlement, the actual price in international funds charged may fluctuate. Accordingly, Just Get Productive LLC makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section.

Limitation of Liability; Waiver and Release

The Services offered by Just Get Productive LLC are being provided on an "AS IS" and Just Get Productive LLC expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Just Get Productive LLC expressly does not warrant that the Just Get Productive LLC Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error-free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services 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 such material and/or data. No advice or information, whether oral or written, obtained by you from Just Get Productive LLC shall create any warranty not expressly made herein. You agree that Just Get Productive LLC will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the cloud desktops(s) provided through or by the Services; (iv) loss or liability resulting from acts of God; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Just Get Productive LLC; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

In no event shall Just Get Productive LLC be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Just Get Productive LLC is aware of or has been advised of the possibility of such damages.

In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Just Get Productive LLC or the Services provided by Just Get Productive LLC must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, You specifically acknowledge and agree that in no event shall Just Get Productive LLC’s total aggregate liability to exceed the total amount paid by You for the particular Services that are the subject of the cause of action.

The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Just Get Productive LLC or its Services offered.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Just Get Productive LLC.

Indemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Just Get Productive LLC and all affiliates of Just Get Productive LLC, and all officers, agents, employees, and representatives of Just Get Productive LLC, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Just Get Productive LLC products and/or services by Just Get Productive LLC and its agents and employees. Further, You agree to defend, indemnify and hold harmless Just Get Productive LLC and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Just Get Productive LLC’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Just Get Productive LLC, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Just Get Productive LLC website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should Just Get Productive LLC be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Just Get Productive LLC may seek a written confirmation from You concerning Your obligation to defend, indemnify Just Get Productive LLC. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Just Get Productive LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Just Get Productive LLC of any such claim promptly in writing and to allow Just Get Productive LLC to control the proceedings. You agree to cooperate fully with Just Get Productive LLC during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

Trademark or Copyright Claims

Just Get Productive LLC is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Just Get Productive LLC receives a proper notice of infringement of copyright, trademark or other intellectual property, Just Get Productive LLC reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Just Get Productive LLC believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

Just Get Productive LLC expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Just Get Productive LLC also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to Just Get Productive LLC’s designated agent:

the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;

identification of the work that has been infringed;

an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Just Get Productive LLC to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Just Get Productive LLC to locate that reference or link;

Your name, address, telephone number, and email address;

a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and

a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.

Notice of infringement must be sent to Just Get Productive LLC’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, Just Get Productive LLC, 4600 East Washington Street, Suite 305, Phoenix, AZ 85034, facsimile: (310)-312-9513.

Additional Reservation of Rights

Just Get Productive LLC expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Just Get Productive LLC in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Just Get Productive LLC in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Just Get Productive LLC, its officers, directors, employees and agents, as well as Just Get Productive LLC’s affiliates.

In the event that Just Get Productive LLC need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

Governing Law and Jurisdiction for Disputes

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas.

Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement.

Final Agreement

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Just Get Productive LLC, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Just Get Productive LLC. By applying for Just Get Productive LLC’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

No Agency Relationship

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

Enforceability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Assignment and Resale

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Just Get Productive LLC's prior express written consent.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Just Get Productive LLC, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Just Get Productive LLC may immediately terminate this Agreement.

Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

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