Juul Labs, INC.
Effective Date: 01/01/2020
The www.juullabs.com website, and all related content, and associated services (collectively the “Corporate Website”), is a corporate website and service owned and operated by JUUL Labs, Inc. (“JUUL Labs,” “us” or “we”). JUUL Labs has adopted these Terms and Conditions to inform you of your rights and obligations when using the Corporate Website (“Terms and Conditions” or “Terms”). Your use of this Corporate Website constitutes your agreement and manifestation of your assent to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use, and should immediately cease use of, the Corporate Website.
We may, and reserve the right to, from time to time modify, limit, change, discontinue, or replace the Corporate Website and these Terms at any time. In the event we modify, limits, change, or replace the Corporate Website or these Terms, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
The JUUL Labs Corporate Website is operated for the purpose of providing general information about our company, technology, public policy positions and efforts related thereto, with a specific emphasis on efforts and policies related to combating underage use of nicotine. We also use this site to communicate with the public, policymakers, and other third-party stakeholders through publication of press releases and other communications. The Corporate Website is not operated for advertising or marketing purposes. Nothing on the Corporate Website should be regarded as an offer to sell, or a solicitation of an offer to buy, any product manufactured by JUUL Labs. Such products are sold only in compliance with the laws of the particular jurisdictions in which they are sold. This Corporate Website is not intended to offer medical or psychological advice. This Corporate Website is intended for an audience 21 years of age or older.
If features on the Corporate Website require registration, by registering, and in consideration of your use of the Corporate Website, you agree to provide true, accurate, current and complete information about yourself.
Without our written consent, no one may use frames or utilize framing techniques or technology to enclose any content included on the Corporate Website or utilize any Corporate Website content in any meta tags or any other “hidden text” techniques.
Corporate Website users may forward comments or other communications to JUUL Labs. You agree that you will not transmit content to JUUL Labs that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that you will not use false contact information, impersonate a third-party person or entity, or otherwise mislead JUUL Labs as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms.
In your communications with JUUL Labs, please keep in mind that we do not accept or consider any creative ideas or suggestions relating to products or marketing plans unless we have specifically requested by them. Therefore, please do not send us any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information. We are continuously working on new product, packaging, and marketing ideas. Often, these ideas are in the developmental stage for years prior to launch.
You agree that your use of the Corporate Website will comply at all times with all applicable laws and regulations, in all relevant jurisdictions.
You agree to indemnify, defend, and hold harmless JUUL Labs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to this Corporate Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) your use and access to any linked website, including third-party sites.
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from JUUL Labs. For any dispute with JUUL Labs, you agree to first contact us via the contact information below and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that JUUL Labs has not been able to resolve a dispute it has with you after sixty (60) days, you and JUUL Labs each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, or use of the Corporate Website (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by JUUL Labs for injunctive or other equitable relief as provided in Section 9 below).
Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have accessed or used the Corporate Website for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless JUUL Labs’ agrees otherwise, the arbitrator may not consolidate more than one person’s claims.
You agree that, by entering into this agreement, you and JUUL Labs are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
These Terms and Conditions will be governed by and interpreted under the laws of the State of Delaware, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 8 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Wilmington, Delaware. You agree that Wilmington, Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 8 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Delaware. You agree that: (i) JUUL Labs and the Corporate Website shall be deemed solely based in Delaware; and (ii) JUUL Labs and the Corporate Website shall be deemed passive ones that do not give rise to personal jurisdiction over JUUL Labs, either specific or general, in jurisdictions other than Delaware.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Wilmington, Delaware for any actions for any such relief.
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against JUUL Labs, or any of its distributors, resulting from use of the Corporate Website; and (ii) to release JUUL Labs from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Corporate Website may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of JUUL Labs, in the design or manufacture of the Corporate Website.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”
You and JUUL Labs understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against JUUL Labs, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
This Corporate Website may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of JUUL Labs and its affiliates or licensors. This Corporate Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Corporate Website and all of its content are protected under copyright, trademark, and other laws of the United States and other countries.
All content of this Corporate Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Corporate Website (collectively the “Materials”), are the property of and owned by JUUL Labs or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Corporate Website is provided for informational purposes only. Your use of this Corporate Website is at your sole risk. This Corporate Website is provided on an “AS IS” and on an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Corporate Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Corporate Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Corporate Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Corporate Website and may be made at any time period. If you download any materials from this Corporate Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
The Corporate Website is provided on an “As is” and “As available” basis. Use at your own risk. To the maximum extent permitted by applicable law, JUUL Labs expressly disclaims any and all express warranties of any kind and limits the duration of any and all implied warranties of any kind (including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement). No advice or information concerning the use of the Corporate Website, whether oral or written, obtained by you from JUUL Labs or any third party will create any warranty not expressly stated herein. Without limiting the foregoing, except to the extent prohibited by the laws of any state, JUUL Labs, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on the Corporate Website will meet your requirements or be free from defects; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Corporate Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Corporate Website is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Corporate Website.
JUUL Labs does not warrant, endorse, guarantee, or assume responsibility for any content or product featured on any hyperlinked website, and JUUL Labs will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, limitations, and exclusions under this agreement will not apply to the extent prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER JUUL LABS NOR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) USE OF, ACCESS TO, OR INABILITY TO USE THIS CORPORATE WEBSITE; 2) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THIS CORPORATE WEBSITE; OR 3) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND US; IN EACH CASE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, OR MATERIALS AVAILABLE FROM THIS CORPORATE WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE CORPORATE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE CORPORATE WEBSITE OR OF THE SYSTEMS TRANSMITTING THE CORPORATE WEBSITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
Time for making claims: YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CORPORATE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Severability: A finding that any term or provision of these Terms and Conditions is invalid or unenforceable will be removed from these Terms and Conditions and will not affect the validity or enforceability of the remaining Terms and Conditions.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JUUL Labs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by JUUL Labs of any breach of this Agreement is effective unless in writing.
JUUL Labs, Inc.
560 20th Street
San Francisco, CA 94107
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