PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE JUICERO PLATFORM (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE JUICERO CUSTOMER SERVICES IN ANY MANNER.
Will these Terms ever change?
We are constantly updating our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the juicero.com website, Juicero applications, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please email email@example.com.
What are the basics of using the Juicero platform?
You may be required to sign up for an account, and select a password and user name (“Juicero User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Juicero User ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
In order to use the Juicero Platform, you will be required to sign up for an account and select a password and user name (“Juicero User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Juicero User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Juicero);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Juicero account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content; or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
FURTHER, YOU AGREE THAT YOU WILL NOT DIRECTLY OR INDIRECTLY, DEFEAT, BYPASS OR OTHERWISE CIRCUMVENT ANY SECURITY OR OTHER AUTHENTICATION FEATURES INCORPORATED IN ANY JUICERO PRODUCT(S) USED BY YOU IN CONJUNCTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION FEATURES DESIGNED TO VERIFY YOUR IDENTITY AND/OR THE AUTHENTICITY OF ANY CONSUMABLE MEDIA USED WITH THE PRODUCT(S).
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Juicero Platform?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Juicero’s) rights.
You understand that Juicero owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply!
Do I have to grant any licenses to Juicero?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” For all User Submissions, you hereby grant Juicero a worldwide, royalty-free, perpetual, sublicensable, irrevocable license to translate, modify, reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services and, with respect to User Submissions posted to a public forum, the right to display the User Submission to other users as well as all other rights necessary to use and exercise all rights in that publicly posted User Submission for any purpose. In addition, you grant all other users of the Services a license to access publicly posted User Submissions, and to use and exercise all rights in them, as permitted by the functionality of the Services. This is a license only – your ownership in User Submissions is not affected. You understand and agree that if you delete your Juicero account, it may not be possible to completely delete your User Submissions from the Services or otherwise remove such User Submissions from Juicero’s records.
If you store a User Submission in your own personal Juicero Account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), such as a favorite frequent order, you grant Juicero the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (a “Public User Submission”), then you grant Juicero the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Juicero users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Juicero’s business for any purpose.
Finally, you understand and agree that Juicero, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Services?
You use the Services and access all information and content at your own risk and you are responsible for all your activity in connection with the Services. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it or with your use of the Services. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
Juicero has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Juicero will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Will Juicero ever change the Services?
We’re always updating the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
Does the Juicero Platform cost anything?
The Juicero Services are currently free to use, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
You may choose to purchase products through the Services. Juicero may limit or cancel quantities of product purchased, and it reserves the right to refuse any order. In the event Juicero needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed via the Services are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order.
Company is required by law to apply sales tax to orders to certain states. We will collect applicable sales tax on all products sold for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout on the Juicero website or on the Juicero applications may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
For more information regarding shipping and delivery of our products, please visit www.juicero.com/faq.
In some instances, your payment may be partially subsidized by a third party. If an item is subject to reimbursement or subsidization by a third party, this subsidy may appear at the time of checkout or it may be applied as a credit to your Account on the Services (your “Billing Account”).We use a third-party payment processor (the “Payment Processor”) to charge all applicable fees through a payment account linked to your Billing Account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any errors by the Payment Processor. By choosing to make purchases through the Services, you agree to pay us, through the Payment Processor, all charges for any such purchases and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”) and you agree to make payment using that selected Payment Method. If we do not receive payment from you through the Payment Processor for any reason, or if the Payment Processor issues a “chargeback” or otherwise reverses any payment previously made by you, you agree to pay all amounts due on your Billing Account upon demand.
By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for all charges you incur for the purchase of any products. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any purchase of any product. In the event you want to change or update payment information associated with your Billing Account, you can do so at any time by logging into your account and editing your payment information.
What if I want to stop using the Juicero Platform?
Juicero is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Juicero has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org. We will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Juicero app available via the Apple App Store—should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPod Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Applications”), but the following additional terms also apply to the Applications:
- Both you and Juicero acknowledge that the Terms are concluded between you and Juicero only, and not with Apple, and that Apple is not responsible for the Applications or the Content;
- The Applications is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Applications in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Applications to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Juicero, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Applications or your possession and use of the Applications infringes that third party’s intellectual property rights, Juicero, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Juicero acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Juicero acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Your use of applications within the Juicero Platform, including Juicero Habit, is subject to the following additional restrictions:
- You acknowledge and agree that Juicero may access to your phone camera or other scanning device to enable Juicero to identify a product pack (“Pack”) to be used in a Juicero Habit-enabled machine and charge the product pack to your Juicero Habit account;
- You acknowledge and agree that Juicero may access your Juicero Habit account and share your order information with a subsidizing entity’s (“Subsidizer”) billing department, for the purposes of receiving a rebate for your order;
- You acknowledge and agree that you will only use a Pack in the Juicero Habit-enabled machine which you have previously identified through scanning;
- You acknowledge and agree that you will be responsible for knowing and adhering to Subsidizer’s rules and regulations regarding Juicero Habit;
- You acknowledge and agree that you will not damage, switch, or otherwise tamper with Packs to be used in a Juicero Habit-enabled machine.
What else do I need to know?
Product Warranty. Juicero warrants that the products purchased through the Services other than perishable food products (collectively, “Products”) will be free of defects in materials and workmanship for a period of ninety (90) days from the date of sale. Products which have been abused, misused, damaged in transport, altered, neglected or subjected to unauthorized repair, modification or installation as determined by Juicero are not covered by the foregoing warranty. JUICERO’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY SHALL BE, AT JUICERO’S OPTION AND EXPENSE: (1) REPAIR OF THE DEFECTIVE PRODUCT; (2) REPLACEMENT OF THE DEFECTIVE PRODUCT; OR (3) REFUND OF THE PRICE PAID FOR THE DEFECTIVE PRODUCT, PROVIDED IN EACH CASE THE PRODUCT IS RETURNED TO JUICERO DURING THE WARRANTY PERIOD AFTER YOU FIRST CONTACT A RETURN MATERIAL AUTHORIZATION (RMA) FROM JUICERO BY EMAILING CONTACT@JUICERO.COM. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. ADDITIONAL RIGHTS MAY BE AVAILABLE TO YOU, WHICH VARY FROM STATE TO STATE.
Warranty Disclaimer. Neither Juicero nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE SERVICES, CONTENT AND PRODUCTS YOU OBTAIN THROUGH THE SERVICES ARE PROVIDED BY JUICERO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Food Safety Warning. JUICE PACKETS CONTAIN RAW, UNPASTEURIZED FRUITS AND VEGETABLES AND, THEREFORE, MAY CONTAIN HARMFUL BACTERIA THAT CAN CAUSE SERIOUS ILLNESS IN CHILDREN, THE ELDERLY AND PERSONS WITH WEAKENED IMMUNE SYSTEMS.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL JUICERO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Juicero, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Juicero’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Juicero may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Juicero agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Juicero, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Juicero, and you do not have any authority of any kind to bind Juicero in any respect whatsoever. You and Juicero agree there are no third party beneficiaries intended under these Terms.