Terms of Service
Terms of Service
Effective Date: March 28, 2020
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY.
This website is operated by Jupiter Brands Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Jupiter Brands Inc.. Jupiter Brands Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By visiting our site, completing the registration process, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you have read, understand, and agree to be bound by these Terms.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You further represent that you have the authority to enter into these Terms of Service personally or on behalf of a company that you have named as the user of this Service or the buyer of our products, and to bind that company to the Terms.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM, THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM (FOR EXAMPLE, AN ADDITIONAL MONTH OF SUBSCRIPTION TO A PRODUCT) AT OUR THEN CURRENT PRICING AND FEES FOR SUCH SERVICES UNLESS YOU CANCEL YOUR SUBSCRIPTION AND OPT OUT OF THE AUTO-RENEWAL.
TO PURCHASE OUR PRODUCTS YOU MUST BE OF LEGAL AGE REQUIRED BY THE COUNTRY, STATE OR PROVINCE, AND CITY YOU ARE IN. IT IS YOUR RESPONSIBILITY TO KNOW AND FOLLOW YOUR LOCAL, STATE, AND FEDERAL LAWS AND TO CHECK IF YOU CAN LEGALLY PURCHASE OUR PRODUCTS.
You agree to pay all charges and fees to your account in accordance with the fees, prices, charges and billing terms in effect at the time any charge or fee is due and payable. You agree to provide Jupiter Brands Inc. with a valid debit card or credit card (Visa, MasterCard, Discover, or American Express) and associated payment information (e.g. a valid billing address). By providing Jupiter Brands Inc. with your debit card number or credit card number and associated payment information, you agree that Jupiter Brands Inc. and its third-party service providers for payment processing services are authorized to immediately invoice your account for all fees and charges due and payable to Jupiter Brands Inc. hereunder and that no additional notice or consent is required. You further agree to immediately notify Jupiter Brands Inc. of any change in your billing address or the debit card or credit card used for payment hereunder.
You may not use our Service, website, or products for any illegal or unauthorized purpose nor may you, in the use of the Service, website, or products violate any laws in your jurisdiction (including but not limited to CBD, THC, and hemp related laws and copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including debit and credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit and debit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You understand that in order to access and use certain features of our Service you may be required to become a registered user. You acknowledge and agree that when registering you will provide true, accurate, current and complete information about yourself and to update this information promptly when it changes to ensure it remains true, accurate, current and complete. You understand that your password is for individual use only and you agree to accept responsibility for all activities that occur under your account or your password.
You acknowledge and agree that we have the right to monitor your account and password and, at our discretion, require you to change your password. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership rights or other property interest in your account with us. You further acknowledge and agree that all rights in and to your account with us are and shall forever be owned by and inure to the benefit of Jupiter Brands Inc..
The use of our site and all our content is at your own risk. In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our site, even if a Jupiter Brands Inc. authorized representative has been notified orally or in writing of the possibility of such damage.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information, material and content on this website is provided “AS IS” without any representations or warranties of any kind, express or implied. We make no representations or warranties whatsoever in relation to any information, including but not limited to health information, on this website.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices, discounts, shipping costs, and other charges and fees for our products are subject to change at any time without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – HEALTH INFORMATION
The information on our site, such as text, graphics, images, information, and other material, including all content are for informational purposes only. The content is not intended to be a substitute for professional health and medical advice or care.
Always seek the advice of your physician before making a decision to buy or use any of the products on our site. Our products are not intended to diagnose, treat, cure or prevent any disease. Consult your healthcare provider before using our products, especially if you’re nursing, pregnant, have a medical condition, or are taking medication. If adverse reactions occur, discontinue use immediately and consult with your physician. Always follow all labels, warnings, and instructions.
All statements on our website, on our products, and on any other materials we provide to you have not been evaluated by the Food and Drug Administration (FDA), the U.S. Department of Agriculture (“USDA”), or any other regulatory agency.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example product reviews, testimonials, feedback, photos, videos, and contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, testimonials, product reviews, photos, videos, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You may further not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the site;
(b) Remove or obscure the copyright notice or other notices displayed in connection with any information and content on this website (“Content”) accessible through the site;
(c) Interfere with or disrupt the site, or servers and networks connected to the site, or circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content or that enforce limitations on use of the site;
(d) Modify the site in any manner or form, or use modified versions thereof;
(e) Sell, assign, sublicense, or otherwise transfer any right in the content accessible through the website;
(f) Use any robot, spider, scraper, or other automated means to access the site for any purpose;
(g) Take any action that imposes or may impose an unreasonable or disproportionately large load on the site infrastructure as we may determine in our sole discretion; or
(h) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation;
SECTION 14 – AFFILIATE PROGRAM
By signing up for the our Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions:
(a) We reserve the right to update and change these Terms as well as the terms and conditions of the Program at any time without notice and without your consent. Your continued use of the Program after any such changes shall constitute your consent to any and all changes.
(b) We reserve the right to modify and terminate any affiliate accounts at any time and without notice. This includes but is not limited to termination for suspected fraud.
(c) To participate in the Program you must be 21 years of age or older and live in the United States.
(d) We do not guarantee that your application to the Program will be reviewed or accepted. We do not guarantee that we will continue the Program or that it will always be available.
(e) You may not violate any law, rule or regulation, including copyrights. You may not infringe on anyone else’s intellectual property or other rights.
(f) You may not make any misleading claims or medical claims about our products, their effects, and their intended use. You may not make claims that any of our products diagnose, treat, cure or prevent any disease or medical condition.
(g) You must disclose that you are a paid marketing affiliate according to the then current FTC guidelines and other applicable laws. It is your responsibility to follow all applicable laws and regulations.
(h) Your website, social media, and other content will not in any way copy, resemble, or mirror the look and feel of our website, our content, our branding, or our social media content. You will also not use any means to create the impression that you are an employee or representative of our company.
(i) When advertising, may not bid on any of our trademarked terms (including but not limited to Jupiter, Jupiter CBD, Jupiter Drops, CBD Drops, Jupiter Organic, and Jupiter Organic CBD), including any variations or misspellings thereof for search or content-based campaigns on Google, Facebook, Instagram, and all other ad platforms.
(j) You may not use any of our trademarked terms (see above) as part of your social handle.
(k) We reserve the right to reverse, edit, cancel, decline, retroactively cancel, and otherwise modify all orders and all affiliate commissions for any reason, including for suspected fraud.
(l) We reserve the right, in our own discretion, to dispute and withhold commission payments for any reason, including for suspected fraud. If we ask you for clarification or other information on any commissions, orders, posts and social shares, or clicks that we suspect may be in violation of our terms and conditions, you agree to respond in a timely and honest manner.
(m) We have the right to monitor your site and social media at any time to determine if you are following the terms and conditions and to notify you of any changes to your site and social media that we feel should be made. If you do not make the changes to your site and social mediain a timely manner, we reserve the right to terminate your participation in the Program.
(n) All product prices and commission rates are at our sole discretion and may change at any time without notice.
(o) We pay commissions only on qualifying affiliate sales. Sales include affiliate orders that have been sold, paid in full and shipped, but does not include amounts collected for sales taxes, duties, shipping and handling fees, refunds, or credit for returned goods, services or similar charges.
(p) Payouts may be delayed or cancelled if we have to review orders for suspected fraud, if we suspect orders will be returned or refunded, and for any other reasons.
(q) Affiliate commissions may be different on a case-by-case basis per affiliate and may be different for individual products and for one-time purchases and subscription purchases.
SECTION 15 – COPYRIGHT AND TRADEMARK
Content and any intellectual property rights embodied within the site and Service are the property of Jupiter Brands Inc.. You understand that all trademarks, copyrights, and other rights are the property of their respective owners.
Unless otherwise stated, none of the content is permitted to be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express prior written permission of Jupiter Brands Inc.. You may display and print content available on this website solely for your personal, non-commercial use, provided that you do not modify the content and that you retain all copyright and other proprietary notices contained in the content. Unauthorized use of content contained on our site is expressly prohibited by law.
We encourage you to report any content on the site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the site infringes your copyright, trademark, or other intellectual property rights, please send a written notice containing your name and signature to our copyright Agent that specifically describes the nature and location of the content you believe to be infringing. Under the U.S. Digital Millennium copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the site is:
Jupiter Brands Inc.
3000 Lawrence Street
Denver, CO 80205
Phone: (720) 549-0814
Email: [email protected]
Any notices or other communications regarding copyright infringement that are sent in any manner other than as described above, or that are not relevant to copyright infringement, will receive no response. We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
THE MATERIALS ON OUR SITE, THE SERVICE, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
WE MAKE NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ANY INFORMATION DISPLAYED ON THE SITE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
In no event shall we be liable to you or any other party for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, that may result from your use of our Site, including but not limited to, losses resulting from: (a) any inaccurate information published on our Site or any site accessible via an advertisement or link; (b) your business dealings with any marketing affiliates, advertisers, companies, and third parties that link to or from our Site; (c) damages or losses of any kind, including, without limitation, injuries or death, resulting from your purchase and use of any products purchased from this site; (d) any actions you take in reliance upon any information available on the site; and (g) any other damages or losses you may incur in connection with your use of the site. YOU UNDERSTAND THAT IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
We are not responsible for examining or evaluating the business practices, actions, omissions, or services of marketing affiliates, advertisers, companies, and third parties whose information, products, or services are featured on our site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MARKETING AFFILIATE, ADVERTISER, COMPANIES, AND THIRD PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE JUPITER BRANDS INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using our site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If you are a New Jersey resident, certain sections of these Terms of Service may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
SECTION 17- INDEMNIFICATION
By using this Service, you agree to defend, indemnify and hold harmless Jupiter Brands Inc. and its subsidiaries, partners, affiliates, officers, directors, employees, interns, contractors, subcontractors, agents, licensors, and service or content providers from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising and resulting from your use of the site and any violations of these Terms.
If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
SECTION 18 – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You agree to arbitrate all disputes and claims that arise out of or relate to your use of our site. Therefore, you agree that, by using our site, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of any use of our site regardless of how or when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Jupiter Brands Inc. applying Delaware law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
SECTION 19 – LIMITATION OF ACTIONS
Any claim or cause of action arising out of your use of the site must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Jupiter Brands Inc. to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
SECTION 20 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Delaware, United States of America.
SECTION 24 – CHANGES TO TERMS OF SERVICE
We reserve the right to update the Terms at any time without providing notice. If we update the Terms, you are responsible for reviewing the updated Terms, and you accessing this site after any changes to the Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in the Terms. However, if you reject any changes in these Terms, you must discontinue use of the site immediately. Unless specifically stated otherwise, any new features, products or services added to the site will be subject to the Terms. Some new products or features may require your acceptance of new or additional terms before use.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].