JUUL LABS, INC. SCIENCES WEBSITE
Effective date: September 4, 2020
We may, and reserve the right to, from time to time modify, limit, change, discontinue, or replace the Website and these Terms at any time. In the event we modify, limit, change, or replace the Website or these Terms, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
Please read these Terms carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration provision that requires the use of arbitration on an individual basis to resolve disputes.
This website serves as a centralized portal for engagement with members of the scientific and public health communities, regulators, and policymakers to learn about the scientific research we are conducting. This information is not for advertising or promotional purposes or intended for a consumer audience. This website is intended for an audience 21 years of age or older. Some parts of this site may refer to ENDS or RRPs. We use these terms to refer to products that we believe have the potential to present less risk of harm to existing adult smokers. This content should not be intended as a claim of reduced risk exposure.
If features on the Website require registration, by registering, and in consideration of your use of the Website, you agree to provide true, accurate, current, and complete information about yourself.
Without our written consent, no one may use frames or utilize framing techniques or technology to enclose any content included on the Website or utilize any Website content in any meta tags or any other “hidden text” techniques.
Website users may forward comments or other communications to Juul Labs. You agree that you will not transmit content to Juul Labs that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, or that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that you will not use false contact information, impersonate a third-party, or otherwise us as to the origin of a communication.
In your communications with Juul Labs, please keep in mind that we do not accept or consider any creative ideas or suggestions relating to products or marketing plans unless we have specifically requested them. Therefore, please do not send us any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information. We are continuously working on new product, packaging, and marketing ideas. Often, these ideas are in the developmental stage for years prior to launch.
You agree that your use of the Website will comply at all times with all applicable laws and regulations, in all relevant jurisdictions.
You agree to indemnify, defend, and hold harmless Juul Labs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) your use and access to any linked website, including third-party sites.
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Juul Labs. For any dispute with Juul Labs, you agree to first contact us via the contact information below and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that Juul Labs has not been able to resolve a dispute it has with you after sixty (60) days, you and Juul Labs each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, or use of the Website (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Juul Labs for injunctive or other equitable relief as provided in Section 9 below).
These Terms will be governed by and interpreted under the laws of the State of Delaware, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 8 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms will be the state or federal courts of Wilmington, Delaware. You agree that Wilmington, Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 8 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
We reserve the right to seek injunctive or other equitable relief outside of arbitration to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Wilmington, Delaware for any actions for any such relief.
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against Juul Labs, or any of its distributors, resulting from use of the Website; and (ii) to release Juul Labs from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Website may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of Juul Labs, in the design or manufacture of the Website.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This Website may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data that are the property of Juul Labs and its affiliates or licensors. This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under copyright, trademark, and other laws of the United States and other countries.
All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the “Materials”), are the property of and owned by Juul Labs or its licensors, and are protected by copyright, trademark, and/or other laws of the United States and other countries.
You may display and electronically copy, download, and print hard copy versions of the Materials contained on the Website for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. When you display, copy, download or print any material on or from the Website, it is provided to you by Juul Labs under a license that is revocable. Juul Labs retains title to the material and to any and all associated intellectual property rights. Any other use of the material on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, is expressly prohibited. You agree that you will not otherwise copy, display or transmit any material on the Website in any manner or medium beyond that permitted by the “fair use” exception under the Copyright Act of 1976, Title 17, United States Code, as amended.
Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content and such content may contain inaccuracies. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.
Your use of this Website is at your sole risk. This Website is provided on an “AS IS” and on an “as available” basis. To the maximum extent permitted by applicable law, Juul Labs expressly disclaims any and all express warranties of any kind and limits the duration of any and all implied warranties of any kind (including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement). No advice or information concerning the use of the Website, whether oral or written, obtained by you from Juul Labs or any third party will create any warranty not expressly stated herein. Without limiting the foregoing, except to the extent prohibited by the laws of any applicable jurisdiction, Juul Labs, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on the Website will meet your requirements or be free from defects; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.
Juul Labs does not warrant, endorse, guarantee, or assume responsibility for any content or product featured on any hyperlinked website, and Juul Labs will not be a party to or in any way monitor any interaction or transaction between you and third-party providers of products or services.
The material on this Website is for informational purposes only and is addressed to scientific, public health, and regulatory professionals. The inclusion on this Website of a document or presentation is not intended to be an endorsement or reflect our belief in the accuracy of the views or information contained in such documents or presentations.
Despite our efforts to provide accurate bibliographic and other information, errors and omissions may appear. We make no representation, warranty or covenant as to the reliability, accuracy, timeliness or completeness of the information on this site. Any reliance on materials on this Website is at your own risk. You agree that it is your responsibility to monitor changes to the site which may be made at any time, for any reason.
We are not responsible if information we make available on this Website is not accurate, complete, or current. Historical information presented, if any, is not current and is for reference only.
Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights depending upon your locality. The disclaimers, limitations, and exclusions under this agreement will not apply to the extent prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER JUUL LABS NOR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE; 2) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THIS WEBSITE; OR 3) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND US; IN EACH CASE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE WEBSITE OR OF THE SYSTEMS TRANSMITTING THE WEBSITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
Time for making claims: YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRE
Severability: A finding that any term or provision of these Terms is invalid or unenforceable will be removed from these Terms and will not affect the validity or enforceability of the remaining Terms.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Juul Labs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by Juul Labs of any breach of this Agreement is effective unless in writing.
JUUL Labs, Inc.
560 20th Street
San Francisco, CA 94107
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