This EULA governs your access to, and use of, the Product Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO THE AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
Subject to the terms of this EULA, June Life grants to you a limited and nonexclusive license (without the right to sublicense) to execute and use one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact June Life and provide June Life an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of June Life for each such release.
3. Automatic Software Updates
June Life may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates June Life provides. Your continued use of the Product is your agreement to this EULA.
The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of June Life and its licensors. June Life and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to June Life with respect to the Product Software shall be June Life’ property. June Life may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that June Life does not waive any rights to use similar or related ideas previously known to June Life, developed by its employees, or obtained from other sources.
5. Open Source
Certain items of software included with the Product Software may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software may be owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, June Life makes such Open Source Software, and June Life’ modifications to that Open Source Software, available by written request to June Life at the email or mailing address listed below.
6. Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. June Life may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to June Life. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.
7. Warranty Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUNE LIFE PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. JUNE LIFE DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. JUNE LIFE MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND JUNE LIFE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
8. Limitation of Liability
Nothing in this EULA and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) JUNE LIFE BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF JUNE LIFE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) JUNE LIFE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO JUNE LIFE OR JUNE LIFE’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. JUNE LIFE DISCLAIMS ALL LIABILITY OF ANY KIND OF JUNE LIFE’S LICENSORS AND SUPPLIERS.
9. Limitations of Product Software
YOU UNDERSTAND THAT USE OF HEATING PRODUCTS, SUCH AS THE PRODUCT AND THE PRODUCT SOFTWARE, CARRIES SIGNIFICANT RISKS AND THAT THE PRODUCT AND PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- JUNE LIFE DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. All life threatening and emergency events should be directed to the appropriate response services.
“Confidential Information” shall mean the Product Software and all other information disclosed to you that June Life characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of June Life. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify June Life in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with June Life in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify June Life prior to such disclosure to allow June Life an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with June Life in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
11. For U.S. Government End Users
The Product Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Product Software is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
12. Export Compliance
The Product Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold June Life harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
13. Governing Law; Venue
The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that June Life may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
Any notice to you may be provided by email to the address that you registered with June Life.
If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
All waivers by June Life will be effective only if in writing. Any waiver or failure by June Life to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. June Life will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors.
You acknowledge that the Product Software contains valuable trade secrets and proprietary information of June Life, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to June Life for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.
Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties.
Questions or Additional Information. If you have questions regarding this EULA, please June at https://juneoven.com/contact.
Date last modified: September 7, 2016.
This Agreement is entered into between you and June. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Licensed Application. June, not Apple, is solely responsible for the Licensed Application and the content thereof as set forth hereunder, including, but not limited to any claims that may arise therefrom. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/), for purposes of which, you are the “the end-user” and June is the “Application Provider." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control. Apple and the Apple logo are trademarks of Apple Inc.
June reserves the right, at its sole discretion, to modify, discontinue or terminate the Licensed Application or to modify this Agreement, at any time and without prior notice. If June modifies this Agreement, June will post the modification at https://www.juneoven.com/legal. June will endeavor to notify you of any changes by email, but will not be liable for any failure to do so. June will also update the “Effective Date” at the top of this End User License Agreement. By continuing to access or use the Licensed Application after June has posted a modification on the Website or provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Licensed Application.
a. Ownership; License
June shall own and retain ownership in the Licensed Application, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this Agreement, June hereby grants to you a limited, non-transferable, non-exclusive, non-sublicensable, revocable license (the “License”) to use the Licensed Application on any iPhone, iPad or iPod touch (collectively, a “Device”) that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions available at http://www.apple.com/legal/itunes/us/terms.html#APPS (the "Usage Rules"). This license does not allow you to use the Licensed Application on any Device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of June and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by June that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The trademarks, logos, and service marks displayed on the Licensed Application (collectively, the "Trademarks") are the registered and unregistered trademarks of June Life, June Life’s licensors and suppliers, and/or others. Nothing contained in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of June Life, June Life’s licensors or suppliers, or the third-party owner of any such Trademark.
b. Consent to Use of Data
The License is effective until terminated by you or June. Your rights under this License will terminate automatically without notice from June if you fail to comply with any term(s) of this Agreement. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Username; Password
You are responsible for maintaining the confidentiality of any user ID and/or password used by you in connection with the Licensed Application. You expressly agree not to share your user ID and/or password with any other person. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify June immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Licensed Application. If you are concerned that your password has been compromised, or you have lost your Device, it is your responsibility to change your password, notify June immediately, and cancel any unauthorized uses or payments. JUNE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID, PASSWORD, DEVICE, OR TO COMPLY WITH THIS SECTION.
e. Social Media and Networking Sites
As part of the functionality of the Licensed Application, you may login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Licensed Application; or (ii) allowing June to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to June and/or grant June access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating June to pay any fees or making June subject to any usage limitations imposed by such third party service providers. By granting June access to any Third Party Accounts, you understand that (i) June may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Licensed Application via your Account, including without limitation any friend, contacts or following/followed lists, and (ii) June may submit and receive additional information to your Third Party Account as indicated herein. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be governed by Section (b) of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the Licensed Application. Please note that if a Third Party Account or associated service becomes unavailable or June’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Licensed Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. June makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and June is not responsible for any SNS Content.
f. Use of Licensed Application
Neither June, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by the Licensed Application.
You understand that by using the Licensed Application, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Licensed Application at your sole risk and that June shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
You agree that the Licensed Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application.
The Licensed Application is not available in all languages or in all countries. June makes no representation that the Licensed Application is appropriate or available for use in any particular location. To the extent you choose to access Licensed Application, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable international, foreign, national, state, or local laws.
June, and its licensors, reserve the right to change, suspend, remove, or disable access to any portion(s) of or the entire the Licensed Application at any time without notice. In no event will June be liable for the removal of or disabling of access to any portion of the Licensed Application. June may also impose limits on the use of or access to any portion(s) of the Licensed Application, in any case and without notice or liability.
g. Use with Your Mobile Device
The Internet connection required to use man of the Services, and any associated charges (e.g. mobile data expenses) incurred by your use of the Services are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Services, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
h. Representations and Warranties
By using the Licensed Application, you expressly represent and warrant that (i) you have reviewed the Usage Rules, (ii) you have the right, authority and capacity to enter this Agreement and abide by its terms, (iii) your use of the Licensed Application is for your sole, personal, non-commercial use, (iv) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (v) you are not listed on any U.S. Government list of prohibited or restricted parties, and (vi) you are at least 18 years of age. If you reside in a jurisdiction which restricts the use of the Licensed Application because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Licensed Application. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Licensed Application you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Licensed Application.
You may only access the Licensed Application using authorized means. It is your responsibility to have internet access via a Device and to ensure that you download the correct Licensed Application for your Device. June reserves the right to terminate this Agreement should you be using the Licensed Application with an incompatible or unauthorized Device.
By using the Licensed Application, you agree that:
- You will only use the Licensed Application for lawful purposes; you will not use the Licensed Application for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Licensed Application to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm or disrupt the integrity of the Licensed Application in any way whatsoever.
- You will not copy, reverse engineer, decompile, or distribute the Licensed Application or other content without written permission from June.
- You will only use the Licensed Application for your own use and will not resell it to a third party.
- You will not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Licensed Application.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Licensed Application.
- You will provide June with whatever proof of identity we my reasonably request.
i. Third Party Services
The Licensed Application may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites, products, or services (collectively, "Third Party Materials"). By using the Licensed Application, you acknowledge and agree that June is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. June does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials. Third Party Materials are provided solely as a convenience to you. You must comply with all applicable third party terms of agreement when using Third Party Materials.
j. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JUNE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JUNE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JUNE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
k. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JUNE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, OR ARISING OUT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER JURISDICTION), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
l. Export Law
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
m. Government Users
The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
n. General Provisions
o. Contact Information
Should you have any questions about this Agreement or the Licensed Application, you may contact June through our Website at https://www.juneoven.com/contact or deliver written mail to the following address: June Life, Inc., 649 Front Street, San Francisco, CA 94111.
By visiting juneoven.com (the “Site” or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and that you are at least 18 years of age. If you do not agree, you may not use the Service.
We reserve the right at any time, with or without cause, to:
· change the terms and conditions of these Terms;
· change the Service, including eliminating or discontinuing any information, application or other feature of the Service; or· deny or terminate your use of and/or access to the Service.
In addition to these Terms, the following additional terms (“Additional Terms”) apply to your use of the Services. By using the Services or placing your pre-order for the June Device, you agree to be bound by these Additional Terms, as applicable, which are incorporated herein by reference:
2. Any EULA, which we may have in place from time to time, which governs your use of software applications you may obtain from us;
3. Any warranties or additional purchasing terms that we include with the Services; and
4. Any additional terms or conditions we may supply from time to time.
In the event of a conflict between the terms and conditions in this document and the terms in any of the above Additional Terms, these terms and conditions in this document will control.
Pre-Ordering June Devices
1. When you pre-order a June Device, you agree to pay any amounts and fees we may charge you for the June Device (which may vary from a deposit to payment of the full purchase price of the June Device). Before you are required to make any payment, you will have an opportunity to review and accept the amount that you will be charged to you. All payments are in U.S. Dollars. We will charge the payment method you specify at the time of payment. You hereby authorize us to charge all sums described herein to such payment method. If you make any applicable payment with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. We may change the required purchase price for the June Devices from time to time by posting the changes on the Site.
2. During the pre-order period, if you refer other new customers using the referral link we provide to you, you will receive a credit of up to $100 towards any June Devices you have pre-ordered (a “Referral Credit”) for each person who uses your referral link to pre-order one or more June Devices. You can earn maximum aggregate Referral Credits up to the total amount remaining on your purchase after the initial pre-order payment, less taxes and fees. If you use a referral link from another customer to make your pre-order, you will receive a Referral Credit of up to $100 toward the amount remaining on your purchase after your initial pre-order payment, less taxes and fees. All Referral Credits will be applied to the total amount remaining on your purchase when your credit card is charged for the final time before shipping. You will receive email notification for each of your Referral Credit(s) after a successful pre-order has been processed using your referral link. Please note that Referral Credits are given for the purpose of attracting brand new customers to June Life. You may earn only one Referral Credit per individual you refer who uses your referral link to pre-order June Device(s). The referred user must have signed up after clicking your referral link; if they clicked multiple referral links they must have clicked your link last. You will only receive referral credit for each referred user who makes a pre-order and does not cancel the order before the remaining amount is due. If for any reason we suspect a fraudulent use of a referral link, we reserve the right, in our sole discretion, to withhold any or all Referral Credits. If you decide to send an email or otherwise contact other potential new customers to pre-order June Device(s) using the referral link that we provide to you, you are responsible for obtaining any consents that may be required by law before you send such communications.
3. You agree that we may cancel or refund your payment amount at any time prior to the date on which we ship the June Device(s) for any reason, and if we do so, we are not required to fulfill your pre-order.
4. If you cancel your pre-order any time prior to the time we ship the June Device(s), we will refund to you the amounts that you paid. After the June Device(s) have shipped, we have no obligation to provide refunds or credits, but we may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion.
5. Our fees are net of any applicable Sales Tax. If the June Device(s) are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify us for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6. When you pre-order a June Device, you acknowledge that the design and specifications of the June Device, and the Services, may be altered by us prior to final delivery. If such changes are made, you will be notified in accordance with our standard practices and have an opportunity to cancel your pre-order in accordance with these Terms. You acknowledge that termination of your pre-order shall be your only means of recourse in the event of such changes in design and specification of the June Device and/or Services.
Use of the Service
You are solely responsible for the use of the Service. You may not misuse the Service. You may not interfere with the Service or try to access the Service using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations.
The Service is owned and operated by June Life and its licensors, and the information, services and content (and any intellectual property and other rights relating thereto) provided through the Service ("Content") are and will remain the property of June Life and its licensors and suppliers. The Content is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Service or Content without our prior written permission. The Service and Content may be used solely (a) to the extent permitted in these Terms or (b) as expressly authorized in writing by June Life or, if so indicated in writing by June Life, its licensors or suppliers. Use of the Service or Content for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service or Content.
The trademarks, logos, and service marks displayed on the Service (collectively, the "Trademarks") are the registered and unregistered trademarks of June Life, June Life licensors and suppliers, and/or others. Nothing contained in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of June Life, June Life’s licensors or suppliers, or the third-party owner of any such Trademark.
Using the Service does not give you ownership of any intellectual property rights in the Services or the Content you access. You may not use Content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with the Service. If your June Device is lost, damaged or stolen you may purchase a replacement device directly from us via the Site. Please note that your purchase of a new June Device will be at retail price and it may require you to update some or all of the financial account information that you previously provided to us.
You agree that we may send you communications (via text, email or through the Service) regarding your use of the Service and certain features or applications of the Service you may be interested in. You may opt out of certain of these communications, but you may not opt out of administrative communications from us regarding your use of the Service.
If your use of the Service includes applications for mobile devices (a “June App”), you hereby consent to and grant us the following permissions in connection with your use of such June App for mobile devices:
1. Permission to update the June Device software via the June App residing at your smartphone;
2. Permission to collect and use location data in connection with your use of the Service;
3. Permission to send and receive text messages regarding your use of the Service.
Compliance with Law
You agree to operate the Service in accordance with all applicable laws and regulations. You further agree that it is solely your responsibility to determine if use of the Service in your jurisdiction permitted under all applicable laws and regulations. You acknowledge that June Life is not responsible for your use of the Service, the June Device or any related third-party devices in violation of any law or regulation.
Procedure for claims under the Digital Millennium Copyright Act
We respect the intellectual property rights of others and attempts to comply with all relevant laws, and expect our users to do the same. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows: 649 Front Street, San Francisco, CA 94111, Attention: Copyright Agent.
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Subject to these Terms, June Life grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the June Life software provided by June Life that is pre-installed on, embedded in or incorporated into the June Device ("Embedded Software") solely in connection with your use of the Service.
You may not (a) copy, sell, sublicense or otherwise transfer the Embedded Software to any third party; (b) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Embedded Software; (c) modify, translate or create derivative works based on any proprietary portions of the Embedded Software; (d) decompile, disassemble, reverse engineer or otherwise attempt to derive source code of any proprietary portion of the Embedded Software, in whole or in part, except to the extent expressly permitted by applicable law; (e) distribute or offer the Embedded Software to any third party (e.g. as part of a service bureau, time-sharing, or similar arrangement) or for the benefit of any third party; or (f) use the Embedded Software or Service in violation of any applicable laws or regulations.
You agree not to use the Service to take any action or actions that:
1. are contrary to our public image, goodwill or reputation;
2. infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3. express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
4. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
5. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
6. transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
7.restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
8. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service;
9.remove any copyright, trademark, or other proprietary rights notices contained in or on the Service;
10. sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the Service, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
11. "frame" or "mirror" any part of the Service without our prior written authorization;
12. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
13. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Service or its licensors or suppliers;
14. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CANSPAM Act of 2003);
15. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, authentication and security measures;
16. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
17. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service's servers or any data not intended for you; and/or
18. harvest or collect information about any Service users without their express consent. Improper use of the Service may result in termination of your access to and use of the Service, and/or civil or criminal liabilities.
Term and Termination
These Terms are effective from the date that you first access the Service or submit any information to June Life, whichever is earlier, and shall remain effective until terminated in accordance with its terms. June Life may immediately terminate these Terms, and/or your access to and use of the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. These Terms will also terminate automatically if you fail to comply with any term or provision of these Terms. Upon termination of these Terms by either party, your right to use the Service shall immediately cease, and you shall destroy all copies of information that you have obtained from the Service, whether made under these Terms or otherwise. All disclaimers and all limitations of liability and all June LIfe rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part of portion thereof. Nothing in these Terms shall be construed to obligate us to maintain and support the Service, or any part or portion thereof, during the term of these Terms.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUNE LIFE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. JUNE LIFE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SERVICE, THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER JUNE LIFE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOU EXPRESSLY AGREE TO RELEASE AND PROMISE NOT TO SUE JUNE LIFE OR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WITH RESPECT TO ANY SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICE IS TO STOP USING THE SERVICE. NEITHER JUNE LIFE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED ON THE SERVICE BY THIRD PARTIES.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT JUNE LIFE HAS OFFERED ITS SITE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JUNE LIFE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JUNE LIFE.
You agree to fully indemnify, defend, and hold June Life, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all liability, claims, demands, cases and costs, including reasonable attorneys’ fees incurred by such indemnified parties, in connection with or arising out of the use or misuse of the Service by you or by third parties whom you have permitted to use the Service ("Permitted Users"), your violation of these Terms, violation of any applicable law or regulation by you or a Permitted User, or a violation of the rights of any third parties by you or a Permitted User related to the use of the Service.
June Life makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas, or that the Service is appropriate or available for use in other locations. Using the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you or a Permitted User chooses to use the Service, you agree and acknowledge that you and such Permitted User do so on each party’s own initiative and at each party’s own risk, and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
Under California Civil Code Section 1789.3, California Applications users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
1. In the interest of resolving disputes between you and June Life in the most expedient and cost effective manner, you and June Life agree that any and all disputes arising in connection with these Terms or the use of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND JUNE LIFE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
3. Any arbitration between you and June Life will be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by contacting June Life.
4. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). June Life’s address for Notice is: 649 Front Street, San Francisco, CA 94111. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or June Life may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or June Life shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, June Life shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by June Life in settlement of the dispute prior to the arbitrator’s award.
5. In the event that you commence arbitration in accordance with these Terms, June Life will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse June Life for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
6. YOU AND JUNE LIFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and June Life agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
7. In the event that June Life makes any future change to this arbitration provision (other than a change to the June Life’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to June Life’s address for Notice, in which case your account with June Life shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
8. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
9. If only Subsection 6 of this section or the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the "Miscellaneous" section shall govern any action arising out of or related to these Terms.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by and interpreted according to the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and June Life agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of California for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and June Life, and supersedes any and all prior agreements, negotiations, or other communications between you and June Life, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. Except as set forth in Section 6 of "Dispute Resolution" above, in the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of June Life, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. June Life may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns, heirs, and estates. You acknowledge and understand that if June Life is unable to provide the Service as a result of a force majeure event June Life will not be in breach of these Terms. A force majeure event means any event beyond the control of June Life. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. June Life’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.
Please send any questions or comments, or report violations of this Agreement, to the Company through our customer service portal, accessible from our web site at juneoven.com, or at June Life, Inc., 649 Front Street, San Francisco, CA 94111.