Terms and Conditions

The policies below apply to the the following websites owned and operated by JWAY GROUP, Inc. : www.jway.com, www.elearnatwork.com, www.xuiframework.com.

1. TERMS OF USE

THE SOFTWARE AND ACCOMPANYING CONTENT HEREIN, INCLUDING INSTRUCTIONS AND INFORMATION CONCERNING ACCESS, USE, AND INSTALLATION, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. JWAY GROUP, INC. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS HEREIN IN TERMS OF VALIDITY, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK OF THE RESULTS AND PERFORMANCE OF SOFTWARE AND OTHER INFORMATION HEREIN IS ASSUMED BY THE USERS. IF SOFTWARE OR WRITTEN MATERIALS HEREIN ARE DEFECTIVE, THEN THE USER, AND NOT JWAY GROUP, INC. OR ANY OF ITS AGENTS OR EMPLOYEES, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION OF ANY RESULTING DAMAGE OR INJURY. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JWAY GROUP, INC., ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND USERS MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. JWAY GROUP, INC., ITS AGENTS NOR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION AND LOSS OF BUSINESS INFORMATION) ARISING FROM THE USE OR INABILITY TO USE SOFTWARE OR INFORMATION HEREIN, EVEN IF JWAY GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OR PRIOR OCCURENCE OF SUCH DAMAGES. BY USING SOFTWARE AND INFORMATION AVAILABLE HEREIN, USERS ACKNOWLEDGE THAT THEY HAVE READ THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. USERS OF THIS SERVICE ALSO AGREE THAT THIS LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND IS SUPERIOR TO ANY OTHER AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY.

2. WAIVERS

2(a). JWAY and Your Privacy

JWAY Group, Inc. is committed to protecting your personal information and respecting your privacy. JWAY's goal is to give users as much control and information as possible regarding your personal data and the use we make of it in the course of our business. We want our users to always be aware of any information we collect, how it will be used and under what circumstances, if any it will be disclosed. In general, you can visit JWAY' Web sites without telling us who you are or revealing any information about yourself.

In order for us to provide quality support and service, it is necessary to provide limited personal information when using support and information request forms. JWAY will never sell, rent or otherwise disclose personal information to outside parties without your consent, unless compelled by law or court order to do so. With your permission, JWAY may send e-mail regarding new products, upgrades, or select third party products. We do not disclose personal information to third parties.

2(b). JWAY Web Site Privacy Statement

What Information We Gather and Track

There are times when JWAY may need to collect information from users through our Web sites. This generally involves filling out forms so users can download, order, test or view a JWAY product or service. When you download JWAY PDF files and other product information, we may require you to fill out a form with your name and e-mail address.

JWAY uses various methods to collect certain other kinds of information, including:

  • Cookies
  • Referrers
  • IP addresses
  • System information

None of these methods can be personally identified with you with the exception of cookies, which can optionally store information that you may enter in forms on our Web site, as described below.

JWAY's software may use unique identifiers to notify us of the installation of one of JWAY's products.

A "cookie" is an element of data that a Web site can send to your browser, which may then be stored on your system. It can be used to provide you with a tailored user experience. Some JWAY pages use cookies. Cookies are used to better personalize the content, banners and promotions that users will see. They can also be used to maintain a user's log in from page to page. JWAY may use the information to research and understand how our users' habits in the aggregate are similar or different so that the user experience can be enhanced. With consent, cookies can optionally store information from forms that has been filled out on our site so that next time a user visits, information will not need to be re-entered. For example, this would allow you to enter a zip code so that next time you visit, local content from your area will be displayed. Browsers can be set to notify users when a cookie is received, giving the chance to decide whether or not to accept it. Some of JWAY's Web sites may require cookies when logging in to view protected content.

A "referrer" is the information passed along by a web browser that references the Web URL a user session originated from, and is automatically gathered by our Web server. This information is used by JWAY to identify broad demographic trends that may be used to provide information tailored to users' interests. Users will not be personally identified from this information.

IP addresses are used by your computer every time you are connected to the Internet. An IP address is a number that is used by computers on a network to identify your computer so that data (such as the Web pages you request) can be sent. They are automatically gathered by our Web server. JWAY will not use an IP address to attempt to identify any personal information.

System information we gather includes time, type of Web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your Web browser when connected to a Web site and is used by JWAY only for broad demographic statistics. This information is used by JWAY in identifying broad demographic trends and may be used to provide information appropriate for a user's computer system. A user will not be personally identified from this information.

2(c). What We Do With the Information We Gather and Track

The personal information gathered from the forms you fill out on our Web site is used in one of four ways:

  1. to provide information about products, services, news and events;
  2. to allow products to be downloaded;
  3. to gather broad demographic information about user trends.
  4. to allow JWAY to contact you if you have opted in to receive communication

JWAY, at times, must disclose relevant information about our customers to our contractors so they may provide specific services for JWAY. JWAY requires such contractors to keep your information strictly confidential and to use the information solely on behalf of JWAY. For purposes of this Privacy Statement, such contractors are not considered "third parties" and JWAY may disclose personal information to such contractors without additional notice.

2(d). What We Do with Information Gathered When You Acquire Third Party Products

JWAY will never sell, rent or disclose to third parties users' personal information collected from the distribution of JWAY products or gathered on a JWAY Web site. If you purchase a product or service developed or owned by a third party, JWAY may provide to the product owner or licenser the same information users provide to JWAY.

2(e). Rules for Forums, Bulletin Boards, and Other User-Supplied Material

JWAY's Web sites may include an area for registered users to post comments or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this site, any materials that (1) interfere with any user's use of the site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate copyrights or other property rights; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. Further, you agree to comply with all additional terms which are referred to on this site.

2(f). Feedback, Submissions, and Comments

JWAY assumes no obligations of any kind with respect to any feedback provided to the company. Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide shall not be regarded as confidential. JWAY shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. The exception is personal information which will not be made public per section 2(a). Further, JWAY shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

2(g). User's Material

Although JWAY may from time to time monitor or review bulletin boards, forums, discussions, postings, transmissions, and the like on the sites, JWAY is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Site users are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. JWAY may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate JWAY's policies in any way. JWAY will cooperate with any law enforcement authorities or court order requesting or directing JWAY to disclose the identity of anyone posting such materials.

2(h). Communications to our Consumers

For visitors who have opted in to receive communications, in addition to product update, promotional and informational e-mails that JWAY may send from time to time, JWAY may, on occasion, invite users to participate in a focus group or send postal mail.

You may always opt-out of receiving such mail by notifying us.

Once you supply us with personal information, such as an e-mail address, JWAY does not change the manner of usage of such information from its original purpose, unless we first obtain your informed consent.

2i. Security of Personal Information

JWAY employees are required to acknowledge that they understand and will strictly abide by our corporate policies with respect to the confidentiality of user personal information. JWAY only gives access to databases containing personal information to employees on a need-to-know basis. Passwords are regularly changed pursuant to security protocols.

2(j). Links

Some of JWAY's sites (or sections thereof) provide links to third-party websites, such as those of business partners and user groups. While on these third party Web sites, JWAY or its partners may collect information about users. Because JWAY does not control the information policies or practices of these third parties, you should review their privacy policies to learn more about how they collect and use personally identifiable information.

2(k). Changes to our Privacy Policies

JWAY will revise this Web Site Privacy Policy to keep it up to date with JWAY products, services and web pages from time to time. JWAY will use reasonable efforts to comply with this privacy statement and will take prompt corrective action when it learns of any failure to comply with its privacy statement. Because of the complex and constantly changing nature of our technology and business, JWAY does not guarantee error-free performance under this privacy statement. JWAY shall not be liable for any incidental, consequential or punitive damages relating to this privacy statement.

2(l). Contacting Us About Privacy

If you have any questions about this privacy statement, the practices of our software or Web sites, you may contact us at info@jway.com or at:

JWAY GROUP, Inc.
4125 Blackford Avenue, Suite 128
San Jose, CA 95117-1704 USA
Telephone: +1.408.247.5931
Fax: +1.408.247.5931