TERMS AND CONDITIONS OF USE
- Eligibility. The Site is intended solely for users who are (i) twenty one (21) years of age and older; or (ii) eighteen (18) plus years of age and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty one (21) years of age or older, or that you are at least eighteen (18) years of age and you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
- THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
OWNERSHIP OF THE SITE AND CONTENT
- All pages within this Site, and any material made available for download, unless otherwise noted, are the property of JUPITER. The Site is protected by United States and international copyright, trademark, and other intellectual property and non-intellectual property laws. The content of the Site, including, without limitation, the files, documents, text, photographs, images, audio, video, domain names, code, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by JUPITER in writing. Any use of the Content other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Content. You agree to report any violation of this Agreement by others of which you become aware. You are advised that JUPITER will aggressively enforce its rights to the fullest extent of the law. JUPITER may add, change, discontinue, remove or suspend the display of or access to any of the Content at any time, without notice and without liability.
- JUPITER is pleased to hear from its visitors and welcomes your comments regarding JUPITER products and services. JUPITER’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by JUPITER’s or its affiliates’ professional staff might seem to others to be similar to their own work. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, JUPITER may freely use the submission, in whole or in part, for any purpose without any obligation to you.
CODE OF CONDUCT
- 7. In accessing and using this Site, you agree that you will not:
- Engage in any fraud or misrepresentation, including, without limitation, impersonating another person or entity, providing us with the personal information of another person without permission, or adopting a false identity if the purpose of doing so is to mislead, deceive, or defraud.
- Use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Gain or attempt to gain unauthorized access to this Site, accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others, such as names or email addresses.
- Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Interfere or attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.”
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from JUPITER on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).
- Violate any applicable law, rule, regulation, or ordinance. Non-United States Residents: JUPITER operates the Site in the United States. JUPITER makes no representation that the materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
- Infringe or violate another person’s rights, including privacy and intellectual property rights.
Violations of system or network security may result in civil or criminal liability. JUPITER will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- 8. You may be required to create an account to access or use certain areas of the Site. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username). If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device(s). You agree to accept responsibility for all activities that occur under your account or password, and you agree not to sell, transfer or assign your membership or any membership rights. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. We reserve the right to terminate your password and account at any time in our sole discretion, with or without notice, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
- 9. Products and Pricing.
- All products listed on the Site are subject to change, as is product information, pricing, and availability. JUPITER reserves the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice.
- Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to decline or cancel any such orders.
- If you receive a product and it is not as described, your sole remedy is to return it in unused condition in accordance with JUPITER’s return policy.
- Payment Terms.
- For each product you order from an authorized Jupiter representative, you agree to pay the price displayed on the product page or quote at the time of your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable taxes. JUPITER will automatically bill your credit card submitted as part of the order process for such amounts, and you hereby authorize us to do so. Other payment forms will be managed on a case-by-case basis.
- Unless it is expressly stated in these terms or on the applicable product page, all payments are non-refundable.
- JUPITER reserves the right to limit or refuse the return of certain merchandise, such as special or custom orders, assembled or altered components, and personalized items. Please review the Return Policy on our Site for more details.
ACCURACY OF INFORMATION; DISCLAIMER OF WARRANTIES
- 11. Although JUPITER attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness, reliability, or accuracy of the Site and Content thereon. Information and Content contained on the Site may be changed or updated without notice. JUPITER reserves the right without prior notice to discontinue any products or other items displayed on the Site without incurring any obligations.
- The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. JUPITER assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. JUPITER is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer, or mobile device equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. YOU (AND NOT JUPITER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
- YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. JUPITER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JUPITER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. JUPITER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, MATERIALS, OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
LIMITATION OF LIABILITY REGARDING USE OF SITE
- JUPITER AND ANY THIRD PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF JUPITER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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 BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. JUPITER makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by JUPITER. Views and opinions of users of the Site do not necessarily state or reflect those of JUPITER. Users are responsible for seeking the advice of professionals, as appropriate, regarding the Content available as part of the Site. The Internet may be subject to breaches of security. JUPITER is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the Internet. JUPITER makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.
- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JUPITER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Periodically, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
- Information We Collect. JUPITER strives to provide our visitors with information relevant to their particular desires, needs and/or interests. The information we gather helps us to better serve our purpose. We may ask you to provide us with demographic information, information regarding your interests or other PII. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site’s features. JUPITER actively and passively gathers, analyzes and/or stores PII and other information generally by way of a few different sources: (1) the PII voluntarily submitted by visitors when using or registering to use or receive our products, services or offers, or when submitted to us via our contact form; and (2) by tracking and analyzing online and mobile data and activity through mechanisms that identify site usage, user location, device type, browser types, IP addresses, and other data. We do not collect PII through advertisements on our Site, and the PII we collect is not shared with third parties except as set forth herein. We will make reasonable efforts to destroy, erase or make anonymous any PII that is no longer required to fulfill the original purpose for which it was originally collected.
- Usage Information. When your computer or mobile device contacts our web servers (for example, when you visit this Site, or view an HTML email), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate our Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, location, device type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email, advertising or promotional announcement or similar service. This information is used to analyze and improve this Site and to provide you with a more fulfilling and relevant experience.
- Use of IP Addresses. An IP address is a number that is assigned to your computer, device or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.
We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
- Sensitive Information. JUPITER uses modern technological efforts to ensure the safety of your sensitive information. No website, Internet transmission, computer system or wireless connection is completely secure. JUPITER cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site is at your own risk. Whenever you give JUPITER sensitive or confidential information, JUPITER will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. JUPITER uses an industry standard security protocol for encrypting sensitive information. Unfortunately, no security measures are perfect or impenetrable, and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to JUPITER, and you do so at your own risk.
- Consent to Processing. By using our Site, participating in any of our services, purchasing our products, and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Children. We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. The Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. The Site is not aimed at nor intended for children under the age of 18. If you are under the age of 18, please do not use the Site. If JUPITER discovers that a person under the age of 18 has provided JUPITER with any PII, JUPITER will use commercially reasonable efforts to delete such person’s PII from its system.
Third Parties Providing Services on Our Behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) content providers; (b) product customization, (c) marketing and promotional material distribution, (d) website evaluation, (e) data collection, storage, management, analysis and, where applicable, cleansing, and (f) any other services designed to assist us in maximizing our business potential. These third parties may have access to this Site’s user information, including PII, to the extent it is needed to perform their duties and functions.
JUPITER Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of JUPITER, or any of our respective affiliates, business partners, customers or others.
Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. An example of such non-personal information includes the number of users who visited this Site during a specific time period.
- Third Party Advertisements. We may from time to time use various outside ad-serving or other companies to serve advertisements and/or collect certain anonymous information when you visit our Site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third-party web beacon to collect this information. Our Site does not recognize browser “Do Not Track” signals, but several of our service providers who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. This web usage information may be combined with other ad delivery information the ad-server has collected from your visits to our Site and other websites not affiliated with JUPITER. This non-personally identifiable information is used as part of the ad-serving process for reporting, and to select and direct the ads you see on our Site and on other websites not affiliated with us.
- Accessing, Correcting, and Updating Personal Information. You can access, correct and update certain personal information that you have provided to us, if any, by emailing us using the “Contact” page on the Site. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
- Your Choice/Unsubscribe. You will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally, you may send us a message using our “Contact” page. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.
In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
MODIFICATION/TERMINATION BY JUPITER
- International Visitors. JUPITER makes no representations or warranties that the content or materials of the Site are appropriate or lawful in any countries outside the United States, or that this Agreement complies with the laws of any other country. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Assignment. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of JUPITER, and any attempt to do so is void.
- 41. JUPITER is committed to working with you in the event of a dispute. If you have a problem or dispute, you must first notify JUPITER and give JUPITER an opportunity to resolve your problem or dispute amicably. This includes you first sending a written description of your problem or dispute using the following:
Jupiter Research, LLC
C/O Customer Care
2801 East Camelback Road, Suite 180
Phoenix, Arizona 85016
You agree to negotiate with JUPITER in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after JUPITER’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) in the State of Arizona. For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with JUPITER as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, JUPITER agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND JUPITER BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Arizona. You hereby accept the exclusive jurisdiction of such court for this purpose.
© 2020 Jupiter Research, LLC. All rights reserved. The Products may be protected by U.S. patents, with other patents pending in the USA and elsewhere. JUPITER and other marks indicated on our website and the logo forms of the foregoing marks are trademarks and/or service marks of JUPITER and may be registered in the United States or in other jurisdictions including internationally.
TERMS AND CONDITIONS OF SALE
Last revised February 28, 2020. PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.
- Acceptance of Terms and Conditions of Sale. By placing an order with Jupiter Research, LLC (“Jupiter”), you (“Buyer”) agree to be bound by these Terms and Conditions of Sale. Jupiter shall not be bound by any other terms and conditions, regardless of whether Buyer tenders terms and conditions with an order or otherwise. These Terms and Conditions of Sale supersede all prior, contemporaneous or subsequent oral or written communications, proposals and representations with communications between Jupiter and Buyer unless specifically agreed to in writing by Jupiter. These Terms and Conditions can only be modified by a signed written agreement by the parties. As used in these Terms and Conditions of Sale, “Product” or “Products” includes all physical Jupiter products, individually and collectively.
- Pricing. All prices are quoted in U.S. dollars unless otherwise expressly stated, prepared at the time of shipping, and are valid for thirty (30) days. Buyer is solely responsible for payment of all taxes, insurance, value added taxes, and any other charges incident to Buyer’s receipt of Products.
- Payment. All Products delivered by Jupiter to Buyers in the United States shall be through Complete Fulfillment, with risk of loss passing to Buyer upon Jupiter’s delivery.
- Shipping Terms. All Products delivered to Buyers in the United States shall be arranged and paid by Jupiter. Buyer shall provide signature at time of delivery. For all Products delivered by Jupiter outside the United States, Buyer shall be responsible for import tax(es) and fees. Delivery times quoted are estimates only, and Jupiter shall not be responsible for delays in delivery.
- Acceptance by Buyer; Cancelations & Returns.
(a) Acceptance by Buyer. Any discrepancy in shipment quantity or quality must be reported within three (3) days of Buyer’s receipt of shipment, after which time shipments shall be deemed to be accepted by Buyer.
- Custom Orders/Products are Non-cancelable/Non-returnable (NCNR): Custom Product may not be cancelled once the order has been placed. Custom product is non-returnable.
- Buyer may cancel any stock/standard Product order within twenty-four (24) hours of order submission to Jupiter without incurring any charges prior to shipment. Cancellations after shipment are subject to paragraph (c) below.
(c) Returns. Buyer may return any stock/standard Product to Jupiter provided Products are in their original packaging, undamaged, and in a resalable state. Any return shall be subject to a restocking fee of 15% of the sale price plus all shipping charges. All returns require a return materials authorization (RMA) number, which will be issued by Jupiter to Buyer. Please see Jupiter’s Limited Warranties for additional details.
- Compliance with Laws, Rules & Regulations. Buyer shall be responsible for compliance with all laws, rules and regulations pertaining to the use of the Products. Jupiter expressly disclaims compliance with any and all such laws, rules, and regulations. Buyer accepts full and complete responsibility for any such compliance.
- Limited Warranties. Please see Jupiter’s Limited Warranties section.
- Jupiter does not provide reimbursement for the replacement of the contents of any cartridges used with a Jupiter Device or Cartridge, as defined in Jupiter’s Limited Warranties section. All third-party products, parts, or liquids/oils/gels are excluded from this warranty.
- Limitation of Liability and Indemnification. In no event shall Jupiter be liable for special, direct, indirect, incidental or consequential damages, including, but not limited to, lost profit or opportunity or any damage which may arise, in whole or in part, from or in connection with the use or misuse of any Product. Buyer’s sole and exclusive remedy shall in no event exceed the repair, replacement or cost paid for the specific Product purchased from Jupiter. Buyer hereby indemnifies Jupiter and its principals, shareholders, officers, employees, independent contractors, agents, manufacturing partners and distributors from and against any and all liabilities, damages, costs and expenses (including reasonable attorney fees, court costs and legal expenses) arising out of or related to: i) any use of any Product by Buyer or under Buyer’s direction, control or authorization, whether such use is of the Product alone or in conjunction with other products or goods, tangible or intangible; and ii) any breach by Buyer of any warranty, representation, covenant or acknowledgement made by Buyer in these Terms and Conditions of Sale.
- Copyright Statement. No publication or documentation regarding, accompanying or contained in any Product may be reproduced, in whole or in part, in any form or by any means, or used to make any derivative work, including, without limitation, any transaction or adaptation, without Jupiter’s prior written consent.
- Force Majeure. Except for the obligations to make payments, neither party shall be bound to meet any obligation if prevented from doing so as a consequence of force majeure.
- Notice. All notifications and communications between the parties relating to these Terms and Conditions of Sale or the subject matter hereof shall be made in writing and signed by a person duly authorized to provide such notice.
- Entire Agreement. These Terms and Conditions of Sale shall not be modified or amended, except in writing and signed by Buyer and an authorized Jupiter representative.
- Enforceability/Severability. If any provision of these Terms and Conditions of Sale shall be held void, voidable, invalid or inoperative, no other provision hereof shall be affected as a result, and accordingly, the remaining provisions shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein, provided, however, that if such void, voidable, invalid or inoperative provision is a material term or condition, the parties shall be compelled to supply a substitute provision, negotiated in good faith, which comes closest to their original intention.
- Waiver. No provision of these Terms and Conditions of Sale shall be deemed to have been waived by any act or acquiescence on the part of either party, it being understood that waiver may only occur by an instrument in writing signed by an authorized officer of the party against whom such waiver is sought to be enforced. In the event of a waiver, whether in writing or by operation of law, such waiver shall not constitute a waiver of any other provision or the same provision on another occasion.
- Rights of Third Parties. Nothing in these Terms and Conditions of Sale shall be construed so as to give any right or remedy to any third party whatsoever.
- Governing Law. The sale of Products by Jupiter and these Terms and Conditions of Sale, together with all invoices, correspondence and other documents exchanged between Jupiter and Buyer, shall be governed by and construed in accordance with the laws of the State of Arizona, USA, without regard to principles of conflicts of law or to the United Nations Convention on Contracts for the International Sale Of Goods (CISG), which is hereby specifically disclaimed by the parties with respect to all of the foregoing.
- Dispute Resolution. You agree to negotiate with Jupiter in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Jupiter’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
ARBITRATION: You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of these Terms and Conditions of Sale, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Jupiter’s or any third party’s intellectual property rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Jupiter and/or the applicable third party(ies). You and we acknowledge that this agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this agreement (despite any other choice of law provision).
Arbitration under this agreement shall be conducted by the American Arbitration Association (the “AAA”) in the State of Arizona. For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with Jupiter as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Jupiter agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU CONTACTED JUPITER VIA ITS SITE CONTACT PAGE OR VIA EMAIL FOR THE FIRST TIME, AS RECORDED BY JUPITER’S SYSTEMS THAT TRACK CONTACTS, YOU MAY OPT OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO firstname.lastname@example.org. Please provide your full name, address (including street address, city, state, and zip code), and email address to which the opt-out applies. This procedure is the only way you can opt out of this agreement to arbitrate. Any opt-out received after the thirty (30) day time period will not be valid, and you must pursue your claim via arbitration pursuant to these Terms and Conditions of Sale. If you opt out of the agreement to arbitrate, all other parts of these Terms and Conditions of Sale will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Jupiter.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND JUPITER BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Arizona. You hereby accept the exclusive jurisdiction of such court for this purpose.
In no event shall any claim, action or proceeding by you related in any way to the Terms and Conditions of Sale, be instituted more than one (1) year after the cause of action arose.
For any questions or concerns about the Terms and Conditions of Sale, please contact us at email@example.com.
© 2020 Jupiter Research, LLC. All rights reserved. The Products may be protected by U.S. patents, with other patents pending in the USA and elsewhere. Jupiter and other marks indicated on our website and the logo forms of the foregoing marks are trademarks and/or service marks of Jupiter and may be registered in the United States or in other jurisdictions including internationally.
Last Revised November 11, 2020. This Limited Warranties section applies both to licensed businesses purchasing wholesale products and to retail purchasers/consumers who purchase through the retailers.
Jupiter Research, LLC (“Jupiter” or “Jupiter Research”) liquid cartridges, pod cartridges, power supplies, all-in-one vaporizers and any other hardware (altogether “Devices” and each a “Device”) are guaranteed against defects in materials and workmanship during normal and customary use for a period of six (6) months from the date of purchase from Jupiter Research (if a business/wholesale purchaser) or six (6) months from the date of purchase from an authorized Jupiter Research retailer or reseller (if an end consumer). This warranty regarding Jupiter Research Devices does NOT cover normal wear and tear. This warranty excludes damage resulting from abuse, accident, modifications, or otherwise damaged through the act or neglect of the consumer or a third party. Jupiter Research makes no warranties as to other parts with which such Devices may be combined, including, but not limited to, any bonding or connection between the Device and any other parts with which it is joined by a party other than Jupiter Research. Jupiter Research will replace any defective Devices with like-kind product. Reimbursement for the replacement of the contents (e.g., oil) of any cartridges used with the Device are excluded by this warranty.
Jupiter Research Cartridge Limited Warranty and Compatibility with Extracts Cartridge Warranty:
Jupiter liquid and pod cartridges (altogether “Cartridges”) are guaranteed against defects in materials and workmanship during normal and customary use for a period of six (6) months from the date of purchase from Jupiter Research (if a business/wholesale purchaser) or six (6) months from the date of purchase from an authorized Jupiter Research retailer or reseller (if an end consumer). This warranty regarding Jupiter Cartridges does NOT cover normal wear and tear. This warranty excludes incompatibility of materials with the fluid being loaded into the Cartridges. This warranty excludes damage resulting from abuse, accident, modifications, or otherwise damaged through the act or neglect of the consumer or a third party. Jupiter Research makes no warranties as to other parts with which such Cartridge may be combined, including, but not limited to, any bonding or connection between the Cartridge and any other parts with which it is joined by a party other than Jupiter Research. Jupiter Research will replace any defective Cartridges with like-kind product. Reimbursement for the replacement of the contents (e.g., oil) of the Cartridges are excluded by this warranty.
*applicable to licensed businesses
Our basic Cartridges use Polycarbonate (PC) for the housing. We chose PC for its clarity, strength, and chemical compatibility. Although PC is known for its chemical resistance, you should be aware it is not fully compatible with many terpenes frequently found in extracts. Due to the known variation in extracts, Jupiter cannot be responsible for chemical compatibility with any extract.
You have invested time and money in formulating your extract to meet your customers’ expectations. Jupiter Research has similarly invested in designing and testing the Cartridge you are going to use to present your extract to your customer. Everyone’s extracts are different: different strains, indoor v. outdoor grown, distillate with terps added back, winterized BHO, CO2, or Ethanol extracts. These have all been used successfully in Jupiter Cartridges. While infrequent, extracts exist that will not function properly or have an adverse reaction in Jupiter Cartridges. These incompatibilities end up costing time and money when they are discovered on the production line.
Although incompatibility is rare, losses can mount rapidly during production. In order to eliminate potential losses due to discovery of an incompatibility during production, we strongly suggest that you test your extract in Jupiter Cartridges before you go to production. Incompatibility with materials in the Cartridge are not covered by Jupiter’s warranty. This is true if you are a new client or an existing client with a new formulation. We can supply sample quantities and a suggested test protocol is detailed below. For extracts that are not compatible with PC, we can supply alternative materials including glass (may require an additional charge). We are confident that we can supply a Cartridge that will meet your needs, but we cannot guarantee it.
Suggested Minimum Test Protocol:
- Fill at least 10 Cartridges with extract using the filling procedure supplied with the Cartridge samples.
- Allow the Cartridges to stand upright with the mouthpiece pointing upwards for 1 hour. Inspect for cracks and leaks. Photograph any cracks or leaks.
- Allow the Cartridges to remain standing for 24 hours. Inspect for cracks and leaks. Photograph any cracks or leaks.
LIMITATIONS ON WARRANTIES FOR ALL JUPITER RESEARCH PRODUCTS
IF A JUPITER RESEARCH PRODUCT IS PURCHASED FROM A SELLER OTHER THAN AN AUTHORIZED JUPITER RESEARCH RETAILER OR RESELLER, THE WARRANTIES SET FORTH ABOVE DO NOT APPLY, AND IN SUCH EVENT JUPITER RESEARCH DISCLAIMS ALL WARRANTIES FOR SUCH PRODUCT, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. With respect to all JUPITER RESEARCH products eligible for warranty pursuant to the terms stated above, any repaired or replacement product will be warranted from the date of purchase of the original product from an authorized JUPITER RESEARCH retailer or reseller or directly from JUPITER RESEARCH, not from the repair or replacement date.
ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE DURATION OF THE LIMITED WARRANTIES SET FORTH ABOVE.
There are no other warranties that extend beyond the warranties set forth above. THE FOREGOING LIMITED EXPRESS AND IMPLIED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTIES, AGREEMENTS, AND SIMILAR OBLIGATIONS OF A MANUFACTURER OR SELLER OF GOODS. JUPITER RESEARCH IS NOT LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE USE OF JUPITER RESEARCH PRODUCTS.
No person, agent, retailer, reseller or other third party is authorized to change, modify, or extend the terms of these warranties in any manner whatsoever. These warranties give you specific legal rights. You may also have other rights that vary from state to state.
WARRANTY PROCEDURES FOR ALL JUPITER RESEARCH PRODUCTS
If a JUPITER RESEARCH product is eligible for warranty pursuant to the terms and conditions stated above, JUPITER RESEARCH, in its sole discretion, will (1) repair the defect; or (2) replace the defective product with the same or a comparable product.
For Consumers/Retail Purchasers:
IF YOU HAVE PURCHASED YOUR WARRANTED JUPITER RESEARCH CARTRIDGE OR ALL-IN-ONE VAPORIZER FROM AN AUTHORIZED JUPITER RESEARCH RETAILER OR RESELLER, YOU MUST CONTACT THE ORIGINAL PLACE OF PURCHASE TO HANDLE ALL WARRANTY CLAIMS. SUBMIT YOUR ORIGINAL RECEIPT. All purchases of Cartridges made at an authorized JUPITER RESEARCH retailer or reseller are to be brought directly to that particular retailer or reseller for evaluation, not JUPITER RESEARCH.
IF YOU HAVE PURCHASED YOUR WARRANTED JUPITER RESEARCH POWER SUPPLY FROM AN AUTHORIZED JUPITER RESEARCH RETAILER OR RESELLER, YOU MUST CONTACT JUPITER RESEARCH DIRECTLY TO HANDLE ALL WARRANTY CLAIMS. SUBMIT YOUR ORIGINAL RECEIPT. All purchases of power supplies made at an authorized JUPITER RESEARCH retailer or reseller are to be brought directly to JUPITER RESEARCH for evaluation.
For Businesses/Wholesale Purchasers:
If you have purchased your warranted JUPITER RESEARCH Device directly from JUPITER RESEARCH, please contact JUPITER RESEARCH for a return materials authorization number at firstname.lastname@example.org. Once the JUPITER RESEARCH Customer Support Department determines the product is eligible under a warranty set forth above, a “Return Authorization Number” will be issued to you along with shipping instructions. The Return Authorization Number must be visible on the exterior of the package containing the returned Device in order to be physically received by the warehouse. Issuance of a Return Authorization Number does not mean that JUPITER RESEARCH will necessarily accept the warranty claim as valid; conditions which make a Device ineligible for warranty may be identified upon JUPITER RESEARCH’s receipt of the returned Device.
If you have any questions regarding the warranties described above, please contact your nearest authorized JUPITER RESEARCH retailer or reseller, or the JUPITER RESEARCH Customer Support Department at email@example.com.