Terms and Conditions
Scribe Greetings, Inc., d/b/a Juno
TERMS OF SERVICE
Last Updated January 17, 2020
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE purchasing, using, accessing, or DOWNLOADING ANY PRODUCT OR SERVICE THROUGH ANY PART OF THE scribe greetings, inc., d/b/a juno WEBSITE OR SERVICES.
The following terms and conditions (these “Terms”) govern the use of usejuno.com, any affiliated sub-domains, and any affiliated websites on which these Terms are posted (collectively, the “Website”), and their related services including but not limited to the purchasing of goods and services through the Website (the Website and related services are referred to herein collectively as the “Services”). The Services are owned and operated by Scribe Greetings, Inc., d/b/a Juno (“Juno,” “us,” or “we”).
By accessing the Services, continuing to access the Services, purchasing any products or services through the Services, or submitting any information through the Services, and in consideration for the goods and services that Juno provides to you, YOU (the terms “you” or “yours” includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE GOVERNING THE USE OF THE WEBSITE AND RELATED SERVICES AND THE PURCHASE OF ANY PRODUCTS OR SERVICES THEREUNDER. Use of the Services is offered to you conditioned on your acceptance without modification of these Terms, including the mandatory arbitration provision and the class action waiver.
Juno sells greeting cards through its website usejuno.com, and provides related services for you to conveniently send greeting cards to friends, family, and others.
To help ensure that you do not forget an important occasion, Juno may send you one or more reminder notifications prior to any occasion for which you have previously sent a greeting card or for which you indicated an intent to send a greeting card. We understand that you’re busy, and so our email communication may state that if you do not respond to us within a certain period of time, we will send you a card for that specific occasion. If we do send you a greeting card under these circumstances, you agree to pay the then-current price for such card plus any applicable taxes and fees, and you authorize us and our payment processor to charge you for the same by using any unrevoked payment information associated with your account. You can choose to disable this feature through your account settings on the Website, in which case we will not send you greeting cards except for those purchase orders directly submitted by you; however, by disabling this feature, you will not be entitled to a refund for any past purchases in accordance with this Section.
II. REGISTRATION, ELIGIBILITY FOR SERVICES, PAYMENT, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Services’ features, you may need to register and create an account. In order to create an account, you must complete the registration process by providing Juno with complete and accurate information as prompted by the registration form, including contact information, email address, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify Juno immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. Juno reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Juno in its sole discretion.
Payment. If you make any purchases through the Services, you agree to pay all applicable charges, taxes, and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are in U.S. Dollars.
Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are at least 13 years of age or older and either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. Furthermore, you agree not to provide any information through the Services about children under age 13. Juno does not intend to use the Services to collect any information from or about children under age 13. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.
Electronic Communications. By accepting these Terms and using the Services, you consent to receive electronically all communications or notices sent by Juno with regard to the Services or these Terms to any email address you provide to Juno. It is your responsibility to update your contact information provided to Juno. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. Juno may send communications in a non-electronic format in Juno’s discretion.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Juno reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website. The most current version of these Terms will be located on, or available through, the Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Last Updated” date indicated at the top of this page with the date on which revisions to these Terms were last made. We will not normally notify you of any such changes by email or other personal contact, but we reserve the right to do so. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. ACCESS TO AND USE OF WEBSITE; PROPRIETARY RIGHTS
Access and Use of the Website. Subject to, and in accordance with, these Terms, Juno permits you to access and make personal use of the Services. You may only use the Services for your own personal use and not for any commercial use. Juno reserves all rights not expressly granted to you hereunder. Your authorization to access and use the Services is automatically revoked if you violate any of these Terms. Juno reserves the right to revoke your authorization to access or use the Website or Services at any time for any reason.
Proprietary Rights. Juno expressly reserves all right, title, and interest in and to the Services and the Services’ content, including but not limited to any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto. You agree not to copy or reproduce the photographs or other content contained on the Services. The copyrighted and/or trademarked materials contained within the examples displayed on the Services are owned by each respective person.
V. PURCHASES AND REFUNDS
Payment Terms. Your purchase of any products or services is subject to these Terms and to any additional terms and conditions set forth in writing by Juno or its payment processor in connection with your purchase. Unless otherwise stated, you must submit immediate payment in connection with all purchases. If Juno or its payment processor is unable to process payment, then Juno may, in its discretion, void your purchase and cancel the transaction.
Automatic Purchases. To help ensure that you do not forget an important occasion, Juno may send you one or more reminder notifications prior to any occasion for which you have previously sent a greeting card or for which you indicated an intent to send a greeting card. We understand that you’re busy, and so our email communication may state that if you do not respond to us within a certain period of time, we will send you a card for that specific occasion. If we do send you a greeting card under these circumstances, you agree to pay the then-current price for such card plus any applicable taxes and fees, and you authorize us and our payment processor to charge you for the same by using any unrevoked payment information associated with your account. You can choose to disable this feature through your account settings on the Website, in which case we will not send you greeting cards except for those purchase orders directly submitted by you; however, by disabling this feature, you will not be entitled to a refund for any past purchases in accordance with this Section.
Free Services. Juno may make some of the Services available for free (the “Free Services”). Juno does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may have reduced functionality or may include additional advertisements. Prices are subject to change.
Refunds. All sales through the Services are final, and Juno does not issue refunds. However, if you have any concerns regarding a purchase transaction or any of our products or services, please contact us at (402) 341-6000 or email@example.com to inform us of the issue and how we can help address the same.
VI. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third parties to provide you additional services or features, process payments, or process account or user registrations. Your interactions with third parties is controlled by the terms and conditions imposed by those third parties. Any disputes related to a third party's services must be resolved directly between you and the third party. Juno disclaims all warranties or representations regarding any third-party services. Juno, in its sole discretion and without notice to you or any user, may subcontract any Services, in which case such Services may be performed by a third party.
VII. USER-GENERATED/THIRD-PARTY CONTENT
Overview. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, which may include comments, feedback, photos, videos, reviews, and other forms of data or communications (“User Content”).
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively “Post”) through the Services, and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party’s intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Juno a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone’s reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Testimonials and Photographs. If you Post or otherwise transmit to Juno a testimonial statement or photograph or video with respect to any Juno service or product, you grant, and warrant and represent that you have the right to grant, Juno a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement, photograph, and/or video for any purpose, including posting on the Services or using in any Juno advertising materials.
By Posting or sending any testimonials, you represent that the testimonial statement is true, that you used the service or product as directed, and that the testimonial accurately depicts your experience using the service or product.
If you no longer wish Juno to use your written testimonial statement or photograph or video, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website. Juno reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Juno.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Juno is only a distributer, and not the publisher or speaker, of any User Content. As such, Juno cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Juno does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Juno be responsible for any loss or damage resulting from any person’s reliance on any User Content.
Reservation of Rights. Subject to Section VIII below regarding the DMCA, Juno reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Juno’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Juno reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access. Juno reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Juno will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Juno’s servers.
Submissions, Suggestions, and Feedback. By sending us any ideas, suggestions, documents, or proposals (collectively, “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Juno and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
Juno respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Juno’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be forwarded to Juno’s designated agent as follows:
Troy F. Meyerson
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102-2663
Telephone: (402) 341-6000
The full legal name and physical address of the service provider is as follows:
Scribe Greetings, Inc., d/b/a Juno
3819 Jones St. Suite 306 Omaha, NE 68105
Alternate names the public may be likely to use to search for our designated agent include Scribe, Scribe Greetings, Juno, and usejuno.com.
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to Juno which Juno removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Juno’s designated agent listed above:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Juno may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in ten (10) to fourteen (14) business days after our designated agent’s receipt of the counter-notification, at our sole discretion.
Juno reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
IX. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Juno attempts to provide all Services features to all users, use of the Services may be limited for some or all users due to conditions outside of Juno’s control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: your mobile device or your wireless carrier may limit the features available to you; your data or messaging plan may limit your use of the Services; your wireless voice and/or data signal may make access to the Services or some of their features intermittent or unavailable; the Services may not be available in some geographic locations.
Juno is not liable, and expressly disclaims any representations or warranties, regarding access to the Services through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Juno does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Services through your mobile device.
X. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Juno does not represent or warrant and expressly disclaims any warranty that (i) any information provided by or through the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful content, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Juno’s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Services, limitations due to your particular mobile device, or any other reason which may prevent the Services from being accessible at all times. Juno disclaims any liability as a result of any user’s inability to access or use the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Furthermore, Juno expressly disclaims any representation or warranty related to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Juno does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Juno does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Juno be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY JUNO EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. JUNO DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR Services WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS AND SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
We do not guarantee that the Services, or any products sold through the Services, will be compatible with all software or with all devices.
When you use the Services on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
The Services may provide as a convenience links to third-parties that provide information. Those third-parties are beyond Juno’s control and Juno does not guarantee that those third-parties, or the information they provide, will be accessible or accurate.
XII. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations, or any rights of any third-parties, including without limitation any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You may not use any information obtained from the Service in order to harass, abuse, or harm another person.
You may not purchase any products or services through the Services which are prohibited in your jurisdiction.
In order to protect the integrity of the Services, Juno reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Juno to limit, restrict, or prevent access to the Services.
You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of Juno. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of Juno. You may not frame or mirror any Juno website or content without the express written consent of Juno.
You agree to indemnify, hold harmless, and defend Juno, its shareholders, directors, officers, employees, contractors, agents, or affiliates (collectively, the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any such claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XIV. LIMITATIONS OF LIABILITY
JUNO WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF JUNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, JUNO’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE WEBSITE OR RELATED SERVICES, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEBSITE OR RELATED SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE JUNO PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICES.
XV. TERMS AND TERMINATION
XVI. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
By providing any personal or non-personal information to Juno through the Services, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant, Juno a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate the collected personal and non-personal information of you and others in order to provide the services contemplated under these Terms, to manage your account, to send communications to you and others, or for any other lawful purpose in Juno’s sole discretion.
Juno, and any third-parties to which Juno provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, mail, email, cell phone, or text message. By providing Juno your contact information, you agree to receive communications from Juno or other third-parties who obtained your contact information from Juno.
Juno may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Juno may place advertising on the Services and you agree not to block such advertising.
XVIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
The U.S. Department of the Treasury (“DOT”), through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. If Juno determines that the Services are being used by prohibited persons, Juno will terminate any impacted accounts. Juno reserves the right to also provide notification of any such usage to the DOT and/or OFAC.
XIX. APPLICABLE LAW AND VENUE; NOTICE
These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Douglas County, Nebraska. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Juno hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Juno must be sent to:
Scribe Greetings, Inc., d/b/a Juno
3819 Jones St. Suite 306 Omaha, NE 68105
via first class or air mail or overnight courier, and are deemed given upon receipt.
XX. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved informally between the parties, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in Nebraska, subject to the laws of Nebraska and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court, jury, or administrative agency, whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney’s fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial. both parties also agree that you or Juno may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between you and Juno concerning the subject matter herein, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default does not constitute a waiver of any subsequent default. The relationship between Juno and you is not one of employee/employer or of a legal partnership relationship. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.