TERMS OF SERVICE
Last Updated: 03/28/2021
The websites and all of the various pages contained therein, including subdomains as well as your use of the products and services offered therein are maintained and operated by Juno Baby, LLC which is defined below.
Please read these Terms of Service (“Terms”) carefully as they describe your relationship with us and govern your use of www.hellojuno.com and the products and services offered by us. These Terms will also govern your use of any other websites that currently exist or may exist or be created by us in the future, associated widgets, mobile applications, and other distribution platforms. (All of the foregoing shall hereafter be referred to as the “Site.”)
Feel free to print a copy of these Terms for future reference. We may from time to time amend these Terms as further described in Section 18, below. Those changes will be posted here and may also be communicated to you by any written contact method we have with you. However, these changes take effect on the date posted on our Site.
- Legal Agreement
These Terms are a legal agreement between you and us and contain important information regarding your legal rights, remedies, and obligations. By accessing, browsing, or otherwise using the Site, you: (i) acknowledge you have read, understand, and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules, and regulations with respect to your use of the Site; and (iii) represent you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside.
Our permitting you access to our Site is conditioned on your agreeing to all of the Terms, including your compliance with our policies, including our Privacy Policy, as well as our agreement to arbitrate individual disputes, and we both expressly agree to waive our right of using class actions or jury trials. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Site may not be used in any way that is not expressly permitted by these Terms and our related Privacy Policy found here.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE OUR SITE AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY, AND/OR ANY OF THEIR PARTS, AS UPDATED OR REVISED, FROM TIME TO TIME.
- Definitions
“Content” means all the content and materials that appear on the Site.
“Juno Baby,” the “Company,” “we,” “us,” or “our” includes Juno Baby, LLC., and its trustees, officers, managers, shareholders, employees, attorneys, and agents (current and past) and any related individuals or entities.
“Service” or “Services” means any of the Site or other products or services provided or offered by us, including those described in these Terms, whether through a website owned, maintained, or controlled by us, through a social network, a mobile application, on a cellular telephone or otherwise.
- You Must Be 18 Years Old To Use Our Site
We require an individual to be at least eighteen (18) years old to be a user on our Site. This Site is not directed toward children under 13 years of age, nor do we knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit personal information to us. If we find out you are under 13 years of age, we will immediately, upon notice, cancel your account and delete all of your Content. If a parent becomes aware any of his/her children has submitted any personally identifying information (“PII”) to us, please immediately notify us at help@hellojuno.com or at Juno Baby, LLC, 1416 NW 46th Street, STE 105-339, Seattle, WA 98107.
- You Understand And Agree That Your Use Of The Site Is Restricted
You may access, browse, and use the Site and its content only for limited purposes. Your use is limited to your personal, non-commercial use of the Site. If you are posting content on our Site or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, including photographs you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material on our website and elsewhere, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us, including social media posts, shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Company from their creation. Thus, Company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Company all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. You may access portions of the Site without purchasing anything or creating an account. You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign in to the Site, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at help@hellojuno.com or at Juno Baby, LLC 1416 NW 46th Street, STE 105-339, Seattle, WA 98107.
In the event you use the Site over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
When using the Site, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other content and/or services that are governed by different Terms.
- We Respect Your Privacy
We respect your privacy. Our Privacy Policy, located here, constitutes a part of these Terms, and explains how we collect, use, and protect your personal information. By accepting these Terms, you agree to our collection and use of your personal information as described in our Privacy Policy.
- We Own Our Intellectual Property
Juno Baby is the exclusive owner or licensee of all the Content, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark, and patent rights (the “IP”). Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, and stylistic convention of the Site.
All trademarks, trade names, copyrights, logos, and service-marks, whether or not registered (collectively, the “Marks”) relating to or constituting our IP are our exclusive property. The Site and our Services and Content are protected by copyright, trademark, and other laws of the United States and other countries. Unauthorized use of any of the Marks is strictly prohibited by law. All third-party trade names, trademarks, logos, and service marks, if any, that appear in or on the Site are the property of their respective owners.
You do not acquire any ownership interest in the IP or the Marks by accessing, browsing, or otherwise using the Site. You may not reproduce, copy, modify, distribute, transmit, display, perform, publish, or otherwise exploit, through any means or media, any of our IPs or Marks. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame, or inline link any of the content of the Site or incorporate into another website or other service any of our material, content, or intellectual property.
We may prevent unauthorized use of the Site via technological means. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted or actual circumvention, or otherwise unauthorized use, by you or anyone on your behalf will result, at minimum, in the termination of all your rights to our products and Services under these Terms.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright for details. Company's Copyright Agent for notice shall be help@hellojuno.com">help@hellojuno.com
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Please Use Our Site Responsibly
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, you agree that Your Use of the Site is solely for private and personal purposes. You further warrant and represent that you will not engage in any of the activities that expose you to civil and/or criminal liability.
We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
- Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
The company may host message boards, chats, and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats, or other such forums in the future. The company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company's outside contributors, or by users not connected with the Company, some of whom may employ anonymous user- names. The company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.
The company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.
- Product Purchases.
All purchases of physical items from Juno Baby are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Juno Baby does not take title to returned items until the item arrives at our facilities. Juno Baby attempts to be as accurate as possible. However, Juno Baby warrants its product pursuant to the terms of its Limited Warranty does not warrant that product descriptions or other content of any Juno Baby Service is accurate, complete, reliable, current, or error-free. If a product offered by Juno Baby itself is not as described, your sole remedy is to comply with the requirements of the Limited Warranty.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting on the pricing page, in these Terms, or elsewhere on the Site.
Please refer to the refund policy that is provided with the products that you purchased. You understand and agree that we are only obligated to refund you as stated in the applicable refund policy.
- Third-Party Websites
The Site may contain links to websites of third parties. If you click these links, you will leave our Site.
These third parties and their websites are not under our control. We are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites. We do not endorse these websites and our Terms and Privacy Policy do not apply to them.
You expressly release us from any and all liability arising from your use of any third-party website, service, or content. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third-party websites and/or their providers.
- Credit Card Processing
The payments for our Services are processed by a third party, using the third party’s secure software. That third party is responsible for the processing of credit card payments and the storage of credit card information for the Site. You expressly release us from any and all liability arising from the credit card processor’s processing and storage of your credit card information.
- Geographic Reach of the Site
We administer, control, and operate the Site from the County of King, State of Washington, United States of America. The Site is accessible worldwide. However, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and/or Services are appropriate or authorized for use in all countries, states, provinces, counties, localities, or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse, or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer for any feature or function made on the Site is void where prohibited.
- Our Liability Is Limited
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL JUNO BABY, ITS SUBSIDIARY OR PARENT COMPANIES OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OR IN THE SITE OR OTHERWISE RELIED ON OR USED BY US IN DELIVERING THE SITE, AND/OR ANY INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, AND/OR ANY OTHER FAILURE OF PERFORMANCE), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF JUNO BABY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE GREATER OF: (1) FIVE HUNDRED US DOLLARS ($500.00), OR (2) THE AMOUNT PAID BY YOU TO US FOR YOUR USE OF THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. Specifically, these terms may not limit Juno Baby’s liability for death or personal injury, fraudulent misrepresentation, gross negligence, or willful misconduct arising from the use of the Site.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
If any particular type of damage cannot be waived or disclaimed under the law, then the remainder of the disclaimer will remain valid and continue to disclaim every other form of damage that may be disclaimed under the law.
- Procedure for Making Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through the Site, including copyrights, please contact us at help@hellojuno.com or at Juno Baby, LLC, 1416 NW 46th Street, STE 105-339, Seattle, WA 98107.
- Statute of Limitations
You and we agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site, or our Content and/or Services, Terms and/or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Assignment
You agree that we may assign any of our rights, and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. You may not transfer or assign your rights and obligations under these Terms to any third party without our prior written consent.
- Modifications
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your continued use of the Site after the effective date of the revisions signifies your acceptance of any such revisions. You will have no claim, complaint, or demand against us for applying such changes or for failures incidental to such changes.
- Termination
You may discontinue your use of our Site at any time without informing us. We may, without prior notice, change the Site and any of Our Content and/or Services, stop providing them or any of their features to you or to users generally, or create usage limits for our Site. We may permanently or temporarily terminate or suspend your access to our Site without notice and without liability for any or no reason, including if, in our sole determination, you violate any provision of these Terms. In particular, we may immediately terminate or suspend any Account that has been flagged for repeat infringement of any Marks or violation of any other laws or our Terms and/or Privacy Policy.
Upon termination of your access to or ability to use our Site, including but not limited to suspension of your Account, your right to use or access any Service and/or any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, limitations of liability, the dispute resolution (arbitration), and class waiver provisions. Termination of your access to and use of our Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party.
On termination of your Account or upon your deletion of any particular Service or Content, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted Content.
- Indemnity
You agree to defend, indemnify and hold harmless us and our employees, contractors, agents, professional advisers, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the Site, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your Account; and/or (vi) any other party’s access and use of the Site and any of the Site’s Services and/or Content with your unique username, password or other appropriate security code.
You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
- Released Parties
To the fullest extent permitted by law, you release us and any of our trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees, and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third-party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using your Account; and (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content. You further waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province, or local law or regulation that may govern this release, which statute, regulation, law or principle. You agree not to file any action or lawsuit inconsistent with the foregoing release.
- Governing Laws
You agree the laws of the United States of America and, more specifically, the laws of the State of Washington, without regard to any principles of conflicts of laws, will govern these Terms, your use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You also agree that: (i) the Site shall be deemed solely based in Washington; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other than Washington.
- Dispute Resolution
Any dispute, claim or controversy arising out of or relating to the Site, our Privacy Policy, and these Terms, as well as any claim relating to the interpretation or validity of this Agreement, including but not limited to the determination of the scope or applicability of this agreement to arbitrate, shall be brought, and be determined by final, binding arbitration in Seattle, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its arbitration rules. These rules may be found at https://www.jamsadr.com/adr-rules-procedures.
You and we waive our respective rights, if any, to bring any claim that is subject to this arbitration provision as a class action or otherwise on a representative basis. In the event this provision is held unenforceable, and the matter is permitted to proceed in Arbitration as a class or representative action, then the entirety of this arbitration agreement (including all subparts) shall be void and of no further effect, and either party may proceed to pursue the action in court. Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following: Within 15 days of your first accessing the Site, you must send a letter to us at: Juno Baby, LLC, 1416 NW 46th Street, STE 105-339, Seattle, WA 98107, specifying (1) your name, (2) your IP address(es), (3) your email address, (4) your mailing address, and (5) your request to be excluded from the final, binding arbitration provision and class action waiver specified in these Terms. You are not required to send the letter by certified mail, return receipt requested, or overnight courier, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.
- Alternative Jurisdiction
If any court of competent jurisdiction finds these arbitration and/or class action waiver provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the federal and state courts located in Seattle, Washington, and the related appellate courts, in any related action or proceeding. Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Seattle, Washington, and the related appellate courts, in any related action or proceeding and agree shall to not raise any claims as to Seattle, Washington being an inconvenient forum.
- Waiver
Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.
- Severability
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
- Entire Agreement
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms and conditions contained in the Site, including our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site, our Services, and our Content.
- Electronic Record keeping
A printed version of these Terms, our Privacy Policy, and of any notice given in electronic form shall be admissible in any and all judicial, arbitration, or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
- Miscellaneous
- No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
- These Terms and the rights, benefits, and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
- Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
- The headings in these Terms are for convenience only and have no legal or contractual effect.
- We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Site or by any other method of communication provided elsewhere herein. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.
- “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
- These Terms and your use of the Site, including the submission of Content in or onto the Site, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and/or of any kind between the parties hereto. Your use of the Site is intended for your personal enjoyment and benefit, and the provision of the Site to you (subject to your compliance with these Terms and our Privacy Policy) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to us and our products and Services.
- Questions?
You may contact us concerning any question about the Site or these Terms at help@hellojuno.com or at Juno Baby, LLC, 1416 NW 46th Street, STE 105-339, Seattle, WA 98107.
© Juno Baby, LLC – 2021