These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and James West Investment, LLC ("Company," "we," "us," or "our") regarding your access to and use of the James West Investment, LLC software-as-a-service platform (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
James West Investment, LLC provides a cloud-based software platform accessible via web browser and/or mobile applications. The specific features and functionalities of the Service are described on our website and may be updated from time to time at our sole discretion.
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
4.1 Account Creation. To access certain features of the Service, you must create an account by providing accurate, current, and complete information as requested in our registration process.
4.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for 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 security.
4.3 Account Accuracy. You agree to provide accurate information and to update your account information promptly if it changes. We reserve the right to suspend or terminate accounts that contain inaccurate or outdated information.
5.1 Subscription Plans. The Service is offered on a subscription basis with various plans and pricing tiers as described on our website.
5.2 Payment. You agree to pay all fees associated with your selected subscription plan. Fees are billed in advance on a recurring basis (monthly or annually, depending on your plan) and are non-refundable except as expressly provided in these Terms.
5.3 Automatic Renewal. Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You authorize us to charge your payment method on file for the renewal fees.
5.4 Price Changes. We reserve the right to modify our pricing with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle following the notice period.
5.5 Late Payment. If payment cannot be charged to your payment method, we may suspend your access to the Service until payment is received. We reserve the right to charge interest on late payments at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
5.6 Taxes. All fees are exclusive of applicable taxes, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes. You are responsible for paying all such taxes associated with your subscription.
6.1 Permitted Use. You may use the Service only for lawful purposes and in accordance with these Terms.
6.2 Prohibited Conduct. You agree not to:
6.3 Enforcement. We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.
7.1 Your Content. You retain all ownership rights in any content, data, or materials you upload, submit, or transmit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely to provide and improve the Service.
7.2 Responsibility for Content. You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate the rights of any third party.
7.3 Content Monitoring. We have no obligation to monitor User Content but reserve the right to review and remove any User Content that violates these Terms or is otherwise objectionable.
7.4 Backup. You are responsible for maintaining backups of your User Content. We are not responsible for any loss or corruption of User Content.
8.1 Company Ownership. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes.
8.3 Restrictions. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as necessary for your use of the Service and except for your own User Content.
8.4 Trademarks. James West Investment, LLC and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without our prior written permission.
The Service may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by your use of any such third-party content, goods, or services.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.
11.1 Service Availability. While we strive to provide continuous availability of the Service, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
11.2 Maintenance. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We may perform scheduled or emergency maintenance that may temporarily interrupt access to the Service.
12.1 Warranty Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
12.3 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12.4 Exceptions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including your User Content.
14.1 Term. These Terms commence on the date you first access the Service and continue until terminated as set forth herein.
14.2 Termination by You. You may terminate your account at any time by following the cancellation process within your account settings or by contacting us. Termination will be effective at the end of your current billing period, and you will not receive a refund for any fees already paid.
14.3 Termination by Us. We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
14.4 Effect of Termination. Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content, and we have no obligation to retain or provide you with copies of your User Content. Sections that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
15.2 Arbitration Agreement. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Charlotte, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
15.3 Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and there is no right or authority for any dispute to be brought in a purported representative capacity.
15.4 Exceptions to Arbitration. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.
17.1 Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service.
17.2 Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
17.4 Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
17.5 Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
17.6 Export Control. The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations.
17.7 No Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority to bind us in any respect whatsoever.
For questions about this Agreement, please contact us through this form or by mail at:
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.