LEGAL

POLICIES

TERMS AND CONDITIONS

1. These terms and conditions of use (“Terms of Use”) govern your use of the Jupiter Research, LLC (“JUPITER”) website at www.Jupiter.com (the “Site”), including your purchase of products from the Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. By accessing or using the Site, you agree to be bound by these Terms of Use and Privacy Policy, which form a legally binding agreement (the “Agreement”). If you do not agree to be bound by the Agreement, please do not use the Site.

2. 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

3. 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 and trademark laws. The content of the Site, including, without limitation, the files, documents, text, photographs, images, audio, and video, 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.

4. You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics, images, or photographs available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of JUPITER or any third party, except as expressly provided herein.

CODE OF CONDUCT

5. In accessing and using this Site, you agree that you will not:

a. 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.

b. 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.

c. Gain or attempt to gain unauthorized access to this Site, accounts, computer systems, or networks connected to Site, through hacking, password mining, or any other means.

d. 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.

e. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

f. 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.”

g. 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).

h. Violate any applicable law, rule, regulation, or ordinance.

i. Infringe or violate another person’s rights, including privacy and intellectual property rights.

j. 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.

ACCOUNT

6. You may be required to create an account to access or use certain areas of the Site, and to purchase products from the Site. 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. 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 account at any time.

PRODUCT PURCHASES

7. Products and Pricing.

a. 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.

b. 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.

c. 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.

8. Payment Terms. a. 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.

b. Unless it is expressly stated in these terms or on the applicable product page, all payments are non-refundable.

c. 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

9. Although JUPITER attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness 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.

10. 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 DEFECTS WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.

11. JUPITER IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

LIMITATION OF LIABILITY REGARDING USE OF SITE

12. JUPITER AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, ERRORS OR INACCURACIES, PROPERTY DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

EXCEPTIONS

13. 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.

INDEMNIFICATION

14. You agree to defend, indemnify and hold harmless JUPITER and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including, without limitation, reasonable attorney’s fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of JUPITER or any other person or entity.

LINKS

15. This Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). JUPITER does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, legality, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available, on or at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply JUPITER’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the Site.

MODIFICATION/TERMINATION BY JUPITER

16. JUPITER reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, and/or your use of this Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties and indemnification obligations made by you, and by the disclaimers and limitations of liability. Additionally, JUPITER shall not be liable to you or any third party for any termination of your access to the Site.

17. In its sole discretion, JUPITER may from time-to-time revise these Terms of Use and its Privacy Policy. JUPITER will provide prominent notice of any material changes.

GENERAL

18. Severability. In the event that any of the Terms of Use are held by arbitrator(s), a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

19. International Visitors. JUPITER makes no representations or warranties that the content or materials of the Service 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.

20. Governing Law. The use of this website and the sale of Products by Jupiter and these Terms and Conditions of Sale, together with all invoice, 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. Any action, suit or proceeding arising out of or related to these Terms and Conditions of Sale, the documents heretofore described and the related subject matter of the forgoing shall be brought only in a federal or state court of competent jurisdiction located in the State of Arizona, USA and the Parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that either of them now or hereafter with respect thereto. By using our website, you consent to these Terms and Conditions.

21. 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.

22. Entire Agreement; No Waiver. These Terms of Use and the JUPITER privacy policy constitutes the entire agreement between you and JUPITER regarding the use of the Site. JUPITER’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

23. 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 and fees. Delivery times quoted are estimates only and Jupiter shall not be responsible for delays in delivery.

24. 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.

25. Limited Warranty. Please see Jupiter Research Limited Warranty. Jupiter Research does not provide reimbursement for the replacement of the contents of any cartridges used with a Jupiter Research Device or Cartridge. All 3rd party products, parts, or liquids/oils/gels are excluded from this warranty.

26. 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 distributers 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.

27. 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.

28. 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.

29. Notice. All notification and communications between the parties relating to these Terms and Conditions or the subject matter hereof shall be made in writing and signed by a person duly authorized to provide such notice.

30. 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.

DISPUTE RESOLUTION

31. 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:

Email Address:

cs@JupiterResearch.com or

Mailing Address:

Jupiter Research, LLC
C/O Customer Care
2801 East Camelback Road, Suite 180
Phoenix, Arizona 85016
USA

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 of Use, 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 right, 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 the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). 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 WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO cs@Jupiterresearch.com. 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.

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.

In no event shall any claim, action or proceeding by you related in any way to the Site or Terms of Use, be instituted more than one (1) year after the cause of action arose.

2019 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.

1. 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 Condition of Sales. 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.

2. Pricing. All prices are quoted in US dollars unless otherwise expressly stated and are valid for 30 days. Buyer is solely responsible for payment of all taxes, insurance, value added taxes, and any other charge incident to Buyer’s receipt of Products.

3. 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.

4. 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 and fees. Delivery times quoted are estimates only and Jupiter shall not be responsible for delays in delivery.

5. Acceptance by Buyer, Cancelations & Returns.

(a) Acceptance by Buyer. Any discrepancy in shipment quantity or quality must be reported with three (3) days of Buyer’s receipt of shipment, after which time, shipments shall be deemed to be accepted by Buyer.

(b) Cancellations.

I. Custom Orders/Product is Noncancelable/Nonreturnable (NCNR): Custom product may not be cancelled once order has been placed. Custom product is non-returnable.

II. Buyer may cancel any stock/standard product order within 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 re-stocking fee of 25% 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 Research Limited Warranty for additional details.

6. 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.

7. Limited Warranty. Please see Jupiter Research Limited Warranty.

a. Jupiter Research does not provide reimbursement for the replacement of the contents of any cartridges used with a Jupiter Research Device or Cartridge. All 3rd party products, parts, or liquids/oils/gels are excluded from this warranty.

8. 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 distributers 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.

9. 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.

10. 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.

11. Notice. All notification and communications between the parties relating to these Terms and Conditions or the subject matter hereof shall be made in writing and signed by a person duly authorized to provide such notice.

12. 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.

13. 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.

14. 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 singed by an authorized officer if 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.

15. 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.

16. Governing Law. The sale of Products by Jupiter and these Terms and Conditions of Sale, together with all invoice, 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. Any action, suit or proceeding arising out of or related to these Terms and Conditions of Sale, the documents heretofore described and the related subject matter of the forgoing shall be brought only in a federal or state court of competent jurisdiction located in the State of Arizona, USA and the Parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that either of them now or hereafter with respect thereto.

17. DISPUTE RESOLUTION

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:

Email:

cs@JupiterResearch.com

Mailing Address:

Jupiter Research, LLC
C/O Customer Care
2801 East Camelback Road, Suite 180
Phoenix, Arizona 85016
USA

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 of Use, 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 right, 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 the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). 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 WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO cs@Jupiterresearch.com. 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.

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. In no event shall any claim, action or proceeding by you related in any way to the Site or Terms of Use, be instituted more than one (1) year after the cause of action arose.

18. GENERAL

Severability: In the event that any of the Terms of Use are held by arbitrator(s), a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

International Visitors: JUPITER makes no representations or warranties that the content or materials of the Service 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 use Jupiter products 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.

Governing Law: These Terms of Use shall be governed by the laws of the United States and the State of Arizona, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. 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.

Entire Agreement; No Waiver. These Terms of Use and the JUPITER privacy policy constitutes the entire agreement between you and JUPITER regarding the use of the Site. JUPITER’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Contact Us

For any questions or concerns about this policy or the Content herein, please contact us at cs@jupiterresearch.com.

2019 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.

Device Warranty:

Jupiter Research, LLC (“Jupiter” or “Jupiter Research”) Devices are guaranteed against defects in materials and workmanship during normal and customary use for a period of 6 months from the date of original receipt from an authorized Jupiter distributor. 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 Reasearch will replace any defective Devices with like-kind product. Reimbursement for the replacement of the contents 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 Cartridges are guaranteed against defects in materials and workmanship during normal and customary use for a period of 6 months from the date of original receipt from an authorized Jupiter distributor. This warranty regarding Jupiter Liquid 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 Liquid Cartridge may be combined, including, but not limited to, any bonding or connection between the Liquid Cartridge and any other parts with which it is joined by a party other than Jupiter Research. Jupiter Reasearch will replace any defective cartridges with like-kind product. Reimbursement for the replacement of the contents of the cartridge are excluded by this warranty.

Chemical Compatibility 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 customer’s 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 Liquid 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’re a new customer or an existing customer 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
1. Fill at least 10 cartridges with extract using the filling procedure supplied with the cartridge samples.

2. Allow the cartridges to stand upright with the mouthpiece pointing upwards for 1 hour. Inspect for cracks and leaks. Photograph any cracks or leaks.

3. 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. WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY STATE LAW AS HEREBY LIMITED, THE FOREGOING LIMITED 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, distributor, dealer, 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.

IF YOU HAVE PURCHASED YOUR WARRANTED JUPITER RESEARCH PRODUCT FROM AN AUTHORIZED JUPITER RESEARCH RETAILER OR RESELLER, YOU MUST CONTACT THE ORIGINAL PLACE OF PURCHASE TO HANDLE ALL WARRANTY CLAIMS. All purchases 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 product directly from JUPITER RESEARCH, please contact JUPITER RESEARCH for a return materials authorization number at cs@jupiterresearch.com. 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 product 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 product ineligible for warranty may be identified upon JUPITER RESEARCH’s receipt of the returned product.

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 cs@jupiterresearch.com.
Close Menu