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 two (2) years 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 email@example.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.
Product warranty: Check out a cleaner version of our warranty. It’s got a comprehensive list of what we guarantee, what we won’t cover, and how we’ll fix things if they go wrong. Have issues with your press or the service? Contact support at firstname.lastname@example.org to get an RMA and start the return process.
Food safety warning: The beauty of unpasteurized, cold-pressed juice is that it keeps the living microorganisms in produce raw and alive. What you drink in each glass of Juicero is the freshest, healthiest, most alive product on the market. Because that is the case, though, we do not recommend that children, the elderly, pregnant women, or those with a compromised immune system drink our products.
Limitation of liability: If for some reason we are ordered to pay you as a result of a dispute, the amount we have to pay you will be limited. We won’t be liable to you for more than the amounts you’ve paid us for the Services over the last twelve months or $100, whichever is more.
Assignment: If you need to transfer your account, talk to us. Assigning, delegating, or transferring these Terms isn’t an option.
Choice of Law; Arbitration: Let’s not sue each other. Instead, if we have a dispute that we can’t work out on our own, we’ll use an independent arbitrator called JAMS, but you’ll have to come to San Francisco. (We can think of many other things you’d have more fun doing here.) As an exception, if one of us needs to get an injunction, we’ll still be allowed to resort to the courts. If we end up in court for any reason, we agree to use only the state courts in San Francisco County, or the federal court in the Northern District of California. There won’t be any jury trials or class actions.