Terms & Conditions

Last updated: February 24, 2023

Introduction

Welcome to the Eau De Juice® Perfume website at eau-de-juice.com (the “Site”). This Site is owned and operated by Eau De Juice LLC (“Eau De Juice,” “we,” “us” and/or “our”).

Please read these Terms and Conditions (the “Terms”) carefully before using our Site. By accessing or using this Site, you (“User” or “you”) agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use this Site.

The following Terms govern your access to and use of eau-de-juice.com, including any content, functionality, products, and services offered on or through our Site, whether as a guest or a registered user. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Site. You agree to review these Terms and Conditions periodically to ensure you are aware of any changes. Your continued access to or use of the Site after any changes means you accept the changes.

By accessing the Site, you affirm that you are over the age of 18 or have obtained parental consent to use the Site. If you are not yet 18 years old or do not have parental consent, you may not access or use the Site.

Acceptance of Terms

By accessing and using the Site, you accept and agree to be bound by and comply with these Terms. If you do not agree to any provision of these Terms, you should not access or use our Site or interact with any other aspect of our business.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms.

Intellectual Property Rights

The Site and all of its original content are the exclusive property of Eau De Juice and its licensors. The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Eau De Juice does not grant any express or implied rights to use the Site.

You agree that you will not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without our prior written consent.

The Eau De Juice name, logo, and other trademarks displayed on the Site are trademarks owned and registered by Eau De Juice. All other trademarks not owned by Eau De Juice that appear on the Site are the property of their respective owners.

User Content

If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptographic hash of your email address, any chat messages, blog comments, wiki edits, photos, videos, surveys, task list entries, notes and any other personal data that refers or relates to you directly as an identifiable person (“User Content”), you agree that such User Content will be deemed non-confidential and non-proprietary and will become the sole property of Eau De Juice.

Eau De Juice does not claim ownership rights in User Content you post on or through the Site that is not protected by copyright, trademark, patent or trade secret under any applicable law. However, by submitting or posting User Content on the Site, you grant Eau De Juice a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform User Content in connection with the provision, promotion, and improvement of the Site and Eau De Juice’s services.

You are solely responsible for all User Content you contribute, disclose, submit or offer in any manner to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute, disclose, submit or offer such User Content.

You will not submit or disclose User Content that: (i) is fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or right of publicity; (ii) is racially, ethnically, or otherwise objectionable; (iii) depicts unlawful acts or extreme violence; (iv) you do not have a right to disclose legally; (v) violates or infringes anyone else’s rights, including intellectual property rights and privacy rights; or (vi) violates or conflicts with these Terms.

Eau De Juice reserves the right, in our sole discretion, to reject, refuse to post or remove any User Content submitted to the Site by you at any time and for any or no reason, with or without notice.

Feedback

You can submit feedback, comments, and suggestions for improvements to the Site (“Feedback”) by reaching out to us through our Feedback channels. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

User Conduct

You agree not to misuse the Site or help anyone else to do so. For example, you must not do any of the following in connection with the Site:

  • Breach or circumvent any laws, regulations, third party rights or our systems, policies, or determinations of your account status;
  • Use the Site if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using the Site;
  • Fail to pay for items purchased by you;
  • Manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
  • Upload viruses or other malicious code or otherwise compromise the security of the Site;
  • Undertake any unlawful, misleading, malicious or fraudulent activity, including money laundering, funding criminal activities, and running scams;
  • Infringe Eau De Juice’s or others’ copyrights, patents, trademarks, trade secrets or other intellectual property rights, or rights of publicity or privacy;
  • Use the Site to create, transmit, distribute or store content that exposes or attempts to expose personal information about individuals under the age of 18, contains unlawful, defamatory, obscene, offensive or fraudulent content or promotion of illegal activities;
  • Attempt to gain unauthorized access to the Site, user accounts, or computer systems or networks connected to the Site;
  • Post false, inaccurate, misleading, deceptive, defamatory or libelous User Content;
  • Take any action that may undermine the feedback or ratings systems on the Site (such as displaying, importing or exporting feedback information off of the Site or using it for purposes unrelated to Site transactions);
  • Transfer your Site account (including Feedback) and User ID to another party without our consent;
  • Distribute or post spam, junk mail, chain letters, pyramid schemes, surveys, contests, incentives or other unsolicited mass messaging;
  • Distribute or post anything illegal or engage in activity that violates export control laws;
  • Cause minor nuisance such as misuse of support services or other activities that waste our resources;
  • Modify, adapt, appropriate or reproduce the Site;
  • Remove, circumvent disable, damage or otherwise interfere with any security features of the Site;
  • Reverse engineer any aspect of the Site or do anything that might enable reverse engineering of the Site (to the extent the law permits this restriction);
  • Solicit personal data from minors or solicit passwords or personally identifying information from other users;
  • Enable any unauthorized third party to access or use the Site using your account credentials;
  • Transfer any rights granted to you under these Terms;
  • Use the Site to violate the legal rights of others;
  • Engage in any activity that violates local, state, national, foreign or international law, rule or regulation, or provide assistance to others engaged in any such activities;
  • Post, upload or transmit content containing:
    • software viruses, malware, spyware, bots or other computer code designed to disrupt, damage or limit the functioning of any software or hardware;
    • any material which is objectively offensive, such as content that promotes racism, bigotry, sexism, hatred or physical harm of any kind against any group or individual;
    • harassing or advocating harassment of another person;
    • any illegal activities or encouraging of illegal activities;
    • unauthorized use or disclosure of private, personally identifiable information or data of any third party;

We can investigate and terminate your account if you violate letter or spirit of these Terms, or if your conduct could cause us legal liability or disrupt others’ use of the Site.

Third-Party Content

The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Eau De Juice.

Eau De Juice does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Site, you do so at your own risk and you agree that Eau De Juice will have no liability arising from your use of or access to any third-party website, service, or content.

Site Access & Termination

We grant you a limited, personal, revocable, non-assignable, non-sublicensable, non-exclusive, non-transferable license to access the Site conditioned on your continued compliance with these Terms.

You may use the Site solely in connection with services provided by Eau De Juice and consistent with these Terms and applicable laws. We may revoke and terminate your license anytime for any reason. You may terminate your Site account at any time by contacting us at [email protected].

We reserve the right to suspend or terminate your access to and use of the Site at any time and for any reason, including if you violate these Terms or we suspect you of fraud, cheating, or endangering other users.

Upon any termination of these Terms or suspension or termination of your access to the Site, your right to use or access the Site immediately ceases. Any suspension or termination will not affect your obligations to us under these Terms arising before the date of suspension or termination.

Disclaimers

THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” (UNLESS OTHERWISE SPECIFIED FOR A PARTICULAR PRODUCT, SERVICE OR MATERIAL) FOR YOUR CONVENIENCE, FOR INFORMATIONAL PURPOSES ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND MATERIALS, INFORMATION, PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, SAFETY, QUALITY, ADEQUACY, SUITABILITY, RELIABILITY, OPERABILITY, CORRECTNESS OR LEGALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR MATERIALS PROVIDED THROUGH THE SITE.

YOUR USE OF THIS SITE, INCLUDING ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN SOLE RISK. WE DO NOT ASSUME AND EXPRESSLY DISCLAIM LIABILITY FOR ANY LOSS OR DAMAGE TO COMPUTERS, SOFTWARE, DATA OR OTHER PROPERTY FROM USING, DOWNLOADING OR INSTALLING ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES FROM THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eau De Juice DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE SITE, PRODUCTS, CONTENT AND MATERIALS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Eau De Juice, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS DAMAGES, PERSONAL INJURY/WRONGFUL DEATH DAMAGES, EMOTIONAL DISTRESS DAMAGES OR ANY OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, SERVICES OR MATERIALS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), WARRANTY, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

IN NO EVENT WILL Eau De Juice’S TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, SERVICES OR MATERIALS EXCEED $100 OR THE AMOUNTS PAID BY YOU TO Eau De Juice FOR USE OF THE SITE OR SERVICES IN THE 1 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE AND ANY ACTIONS RESULTING FROM SUCH CONTENT. YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST US RELATING TO YOUR USE OF THE SITE AND ANY CONTENT, INCLUDING BUT NOT LIMITED TO, INTELLECTUAL PROPERTY CLAIMS AND DEFAMATION, LIBEL, OR SLANDER CLAIMS.

YOU AGREE THAT Eau De Juice WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES DUE TO THE TERMINATION OR SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.

Indemnification

You agree to defend, indemnify and hold Eau De Juice and our officers, directors, employees and agents harmless from and against any claims, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your use or misuse of the Site, violation of these Terms, violation of any applicable law or regulation or infringement of any intellectual property or privacy rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defense of such claim.

Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

Any dispute, controversy or claim arising out of or relating to these Terms or your use of this Site shall be determined by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Eau De Juice may seek any interim or preliminary relief from a court of competent jurisdiction in Delaware necessary to protect your or Eau De Juice’s rights or property pending the completion of arbitration.

Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $5000.

Severability

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, you agree the remainder of the Terms will remain in full force and effect.

Assignment

You may not assign these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to any successor in interest, without your consent.

Entire Agreement

These Terms constitute the entire agreement between you and Eau De Juice with respect to the Site and supersede any prior agreements.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]