Terms
General
Welcome to the Juicy Juice® (as used herein “we,” “us,” or “our” or “Juicy Juice”) website located at domain www.JuicyJuice.com (collectively, the “Website” or “Juicy Juice Websites”). By using the Website, you acknowledge that you have read and agree to these terms and conditions (“Terms of Use”), the Privacy Policy, and any terms and conditions on subdomains of the Website that govern particular offers or features (e.g., contests and registration) (each collectively forming the “Agreement”) all of which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein. YOUR USE OF ANY JUICY JUICE WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY Juicy Juice, IN ITS SOLE DISCRETION. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THESE TERMS AND ANY CHANGES HERETO WHEN USING THE WEBSITE. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND ANY THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS ANY JUICY JUICE WEBSITE.
YOU MUST BRING ANY CLAIM AGAINST Juicy Juice IN ACCORDANCE WITH THE ARBITRATION PROVISIONS HEREIN AND, IN ANY EVENT, WITHIN 60 DAYS OF THE EVENTS GIVING RISE TO SUCH CLAIM.
As used in this Agreement, “you” or “your” means the individual, corporation or other entity that uses the Juicy Juice Websites or any portion thereof in any manner. Nothing herein permits you to use the Juicy Juice Websites or any services offered or information contained therein without first obtaining any rights or consents necessary, as described herein, as set forth in another contract or as proffered by any applicable law.
Modifications of This Agreement
We reserve the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of any Juicy Juice Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Juicy Juice Website.
Links
Juicy Juice is not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from any Juicy Juice Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party sites. We do not make any representations or warranties as to the security of any information you might give on any third-party site.
Unless otherwise explicitly specified on the Juicy Juice Websites, the information on all Juicy Juice Websites is intended solely for use and access by persons residing in the United States, its territories and possessions. Juicy Juice controls and operates its Websites from offices located in the United States and makes no representations or warranties that the information, products or services contained on any of the Juicy Juice Websites is appropriate for use or access in other locations. Anyone using or accessing any of the Juicy Juice Websites from other locations assumes all responsibility for compliance with local United States laws, if and to the extent applicable, in connection with the Website.
The Juicy Juice Websites are intended for use by persons over age 18. If you are under the age of 18, you may not use the Juicy Juice Websites.
Your Limited License to Use the Juicy Juice Websites
Unless otherwise explicitly specified herein, all materials that are included in or are otherwise a part of any Juicy Juice Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Juicy Juice or by third parties who have licensed their materials to Juicy Juice and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on any Juicy Juice Website is the exclusive property of Juicy Juice and is protected by U.S. and international copyright laws. Except as solely provided in the next paragraph, no material from any Juicy Juice Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
Subject to your compliance with this Agreement (including without limitation the Acceptable Use Guidelines herein) Juicy Juice grants to you a non-exclusive, non-transferable, revocable, limited license, without the right of sublicense, to access and use the Juicy Juice Websites solely in accordance with the terms of this Agreement and the Privacy Policy. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials.
As used in this Agreement, “Content” means any and all information or materials, including text, personal information, images, logos, graphics, commentary, literary works and any intellectual property rights contained therein, that you upload, submit, or otherwise provide or view in connection with your use or your agents’ use of the Juicy Juice Websites.
You hereby grant Juicy Juice a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to perform such acts with respect to the Content as may be necessary, in Juicy Juice’s sole discretion, in connection with the conduct of Juicy Juice’s business or its administration of the Website, including the right to: (i) deliver Content in accordance with the preferences you set using your account and any authorized subaccounts; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of the Content; (iii) use, exhibit, broadcast, publish, publicly display, publicly perform, distribute, promote, copy, store, and/or reproduce (in any form) the Content on or through the Juicy Juice Websites and any administration thereof; and (iv) utilize Content to test Juice Juice’s internal technologies and processes.
Acceptable Use Guidelines
All Juicy Juice Websites and their contents are intended solely for, and may be used solely for, personal, non-commercial purposes.
In addition, you agree not to:
- Use or access any Juice Juice Website for any purpose that is unlawful or prohibited by this Agreement;
- Use or access any Juicy Juice Website in a manner that could damage, disable, overburden, or impair any Juicy Juice server or the networks connected to any Juicy Juice server or the server of its service provider;
- Use or access the Juicy Juice Website by any automated means (e.g., crawlers, scrapers, bots), including in order to alter the order or appearance of the Juicy Juice Websites’ appearance in any search engine results;
- Use or access the Juicy Juice Website to engage in, further or promote any illegal activity;
- Use or access any Juicy Juice Website in a manner that would interfere with any third party’s use and enjoyment of any Juicy Juice Website or any other rights of a third party; or
- Attempt to gain unauthorized access to accounts, computer systems or networks connected to any Juicy Juice server or the server of its service provider through hacking, password mining or any other means.
Registration, Authorization, and Access
To enter certain portions of the Juicy Juice Websites, you may be required to submit an on-site registration form, which may include your name, address, email address, age, birthdate and/or gender (“Application”). You agree that for the Application, and at all times thereafter, to: (a) provide current, complete, true and accurate information; (b) maintain and update your information as required to keep it current, complete and accurate; and/or (c) provide additional information about yourself as may be requested by Juicy Juice from time to time. Please note that Juicy Juice may use any Application information in accordance with its Privacy Policy.
Juicy Juice will review the Application and determine, in Juicy Juice’s sole discretion, whether to accept the Application. Juicy Juice shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Juicy Juice Websites at any time for any reason. Upon acceptance of your Application by Juicy Juice, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Juicy Juice Website.
User Ids/Passwords
Juicy Juice reserves the right to require you to periodically change your password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Juicy Juice immediately about any unauthorized use of your Password or any breach of security. You further agree that Juicy Juice shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Juicy Juice.
Disclaimer
ALL JUICY JUICE WEBSITES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUICY JUICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY JUICY JUICE WEBSITE OR THE INFORMATION OR MATERIALS INCLUDED ON ANY SUCH WEBSITE. JUICY JUICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, SYSTEM OPERATION AND FREEDOM FROM COMPUTER VIRUS. JUICY JUICE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY JUICY JUICE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY JUICY JUICE WEBSITE OR THE SERVER THAT MAKES ANY JUICY JUICE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY JUICY JUICE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY JUICY JUICE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK AND YOU BEAR RESPONSIBILITY FOR ANY DEFECTS IN THE JUICY JUICE WEBSITES.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW DISCLAIMER OR EXCLUSION OF WARRANTIES. SO THE ABOVE DISCLAIMER MAY NOT BE APPLICABLE.