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AR, AZ, CA, CO, ID, KS, LA, NE, NM, NV, OK, OR, UT, SD, TX, WA, WY. Let’s see if we’re in your hood - or will be soon.
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First, let’s review a few quick details about our leasing program.
By joining, you have agreed to lease a Juicero Press for $29/month. After an initial 3-month term, your agreement will auto-renew monthly unless you (or we) choose to cancel.
If you elect to cancel at any point or want to apply your monthly payments toward purchasing your Press, just email us at help@juicero.com.
This Equipment Lease Agreement (the “Agreement”) is between Juicero, Inc., with a place of business at 2001 Bryant St., San Francisco, CA, USA 94110 (“Juicero”), and you (“you,” “Lessee”), and is effective as of the date that you confirm to Juicero your acceptance of this Agreement (the “Effective Date”). The parties agree as follows:
This Agreement sets forth the terms and conditions under which Lessee will receive and use Juicero’s at-home cold-press juicer (the “Juicero Press”), including all software (“Software”) embedded therein and associated documentation (the Juicero Press, Software and documentation together, the “Equipment”).
Subject to the terms and conditions herein, Juicero grants to Lessee a personal, nontransferable and non-exclusive right to use the Equipment for Lessee’s non-commercial purposes during the Lease Term (as defined in Section 4 below) in accordance with the user manual provided by Juicero.
Lessee agrees to pay Juicero twenty-nine dollars ($29) per month during the Lease Term (each payment, a “Lease Payment”) as consideration for its right to use the Equipment during the Lease Term. Lessee shall pay the first payment upon the first day of the Lease Term, and Juicero will automatically bill Lessee for all subsequent payments at the beginning of each calendar month during the Lease Term. If Lessee terminates this Agreement without cause in accordance with Section 3, Lessee shall not be entitled to a refund for Lease Payments that it has already made.
The term of this Agreement shall begin on the Effective Date and continue until terminated by either party at any point by sending written notice to the other party, with or without cause. Juicero will provide Lessee with instructions for how to return the Equipment to Juicero, at the expense of Juicero. The termination of this Agreement will be effective on the date that Lessee ships the Equipment to Juicero pursuant to Juicero’s instructions.
Unless otherwise agreed upon, Juicero shall deliver the Equipment at no charge to Lessee within fifteen (15) days from the Effective Date of this Agreement. The “Lease Term” shall commence on the date that Lessee receives the Equipment and continue in effect for three (3) calendar months unless terminated earlier in accordance with Section 3. If the Lease Term begins in the middle of a calendar month, the remainder of that calendar month shall constitute the first calendar month of the Lease Term and the Lease Payment for that first calendar month will be prorated to reflect the number of days in that calendar month that are part of the Lease Term.
At the end of the three-month period the Lease Term will automatically extend for successive one-month renewal periods until THIS AGREEMENT is terminated in accordance with Section 3. JUICERO WILL CONTINUE TO CHARGE LESSEE TWENTY-NINE DOLLARS ($29) for each one-month renewal PERIOD IN ACCORDANCE WITH SECTION 2.
At the end of the Lease Term, the license granted to Lessee in Section 2 shall terminate and Lessee agrees to return the Equipment to Juicero within thirty (30) days of the conclusion of the Lease Term at the expense of Juicero and pursuant to Juicero’s instructions. If Lessee does not return the Equipment within thirty (30) days of the end of the Lease Term, Juicero shall be entitled to charge Lessee for the full fair market value of the Equipment.
As between the parties, Juicero owns all rights, title and interest (including all intellectual property rights) in and to the Equipment, and Lessee may not use the Equipment except as expressly provided herein.
Lessee shall not, directly or indirectly, defeat, bypass or otherwise circumvent any security or other authentication features incorporated into the Equipment, including, without limitation, features designed to verify Lessee’s identity and/or the authenticity of any consumable media used with the Equipment.
Lessee shall not disassemble or reverse engineer any Equipment, attempt to derive any source code of any Software or develop any improvement, modification or derivative thereof or include any portion thereof in any other equipment or item.
Juicero will provide the Equipment in good working order. Lessee shall be responsible for any damage or loss to the Equipment while in Lessee’s possession, reasonable wear and tear excepted. Lessee agrees to pay and be responsible for all costs relating to repair of damage to Equipment other than reasonable wear and tear.
Juicero warrants that the Equipment will be free of defects in materials and workmanship for a period of two (2) years from beginning of the Lease Term (“Equipment Warranty”). Equipment that has been abused, misused, 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 Lessee’s exclusive remedy for breach of the foregoing warranty shall be, at Juicero’s option and expense: (1) repair of the defective Equipment; (2) replacement of the defective Equipment; or (3) refund of the price paid for the defective Equipment, provided in each case the Equipment is returned to Juicero during the warranty period.
EXCEPT FOR THE EQUIPMENT WARRANTY STATED ABOVE, THE EQUIPMENT IS 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, OR NON-INFRINGEMENT.
EXCEPT IN THE CASE OF ANY CLAIM OF PERSONAL INJURY OR DEATH OR LICENSEE’S PAYMENT OBLIGATIONS FOR DAMAGED EQUIPMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE CONCERNING THE SUBJECT MATTER OF this agreement, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERwise), FOR ANY (i) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL OR (ii) AGGREGATE DAMAGES IN EXCESS OF THE LEASE PAYMENTS PAID OR PAYABLE BY LESSEE TO JUICERO, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The respective obligations of Lessee and Juicero under this Agreement, which by their nature would continue beyond the termination or expiration of this Agreement, shall survive any such termination or expiration.
The construction, interpretation and performance of this Agreement and all transactions under it shall be governed by the law of the State of California excluding its conflict of law provisions.
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter herein and supersedes all prior oral or written understandings between the parties concerning the subject matter of this Agreement. Juicero reserves the right to modify this Agreement at any time upon written notice to Lessee. If Lessee does not intend to continue the lease under the terms of the modified Agreement, Lessee can terminate this Agreement in accordance with Section 3. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Lessee shall not transfer or assign its rights or obligations hereunder without written consent of Juicero and any such attempted transfer or assignment shall be void. Juicero may transfer, assign, or delegate this Agreement and its rights and obligations without Lessee’s consent. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.