Updated June 24, 2015
Here at JuiceWorx, LLC, we try to keep our informational documents clear, short and simple. That said, we have to cover a lot of ground in these Terms of Service, so we’ve done our best. If you’re confused by anything here, or disagree with it, please hold off on using Model Juice for now. Instead, email us at support@juiceworx.org and let’s talk. These Terms of Service are an agreement between you (“Customer,” or “you” or “your”) and JuiceWorx, LLC (“JuiceWorx,” “Model Juice”, or “we,“ “us” or “our”). By using any of JuiceWorx’ products and services, you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement. Anywhere in this agreement (“the Agreement” or “Terms of Service”) where we refer to your use of Model Juice or JuiceWorx’s “products” and/or “services,” we mean to include data generated through Model Juice and the emails JuiceWorx sends out, in addition to the content and functionality of any of JuiceWorx’s websites or applications. We plan to update this Agreement from time to time, so please check back regularly. All updates are effective immediately when we post them, and apply to all access to and use of JuiceWorx’s products or services thereafter.
Model Juice enables individual users, model agencies and end clients to electronically send, sign, and manage schedules, appointments and booking information using the Model Juice application. Model Juice offers a free tier of service as well as a paid subscription-based premium service (“Model Juice Premium”) with additional features.
Model Juice enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Model Juice does not authenticate users’ signatures or identities.
4.1 Payment. Customer must pay Model Juice Premium fees according to the payment terms specified at the time services are ordered.
4.2 Failure to Pay. If Customer fails to pay, JuiceWorx may, in its sole discretion, terminate, suspend or restrict provision of its products and services. JuiceWorx may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest) is paid in full.
4.3 Disputes. If Customer believes in good faith that JuiceWorx has incorrectly billed Customer, Customer must contact JuiceWorx in writing within 30 days of the billing date, specifying the error. Unless Customer has notified JuiceWorx of the dispute, Customer must reimburse JuiceWorx’s reasonable collection costs (including attorney’s fees). Customer must pay the undisputed portions of JuiceWorx’s invoice as required by this Agreement.
4.4 Taxes. Prices do not include applicable taxes. JuiceWorx will invoice Customer for any applicable taxes, and Customer must pay these taxes.
4.5 Delivery. JuiceWorx’s products and/or services are deemed to be delivered and accepted on the start date of the License Term (as defined below).
4.6 Refunds. Customer may downgrade or deactivate the JuiceWorx service at any time. However, Customer will not be refunded for the remaining subscription term unless JuiceWorx determines, in its sole discretion, that the downgrade or deactivation was initiated in response to a malfunction of a JuiceWorx product or service.
4.7 Free Trials. At the end of any free trial period, Customer’s paid subscription will automatically begin at the Premium service level matching the one provided in the free trial, using the Customer payment information on file. Customer must downgrade or deactivate service within the free trial period to avoid initiation of billing.
4.8 Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.
5.1 Grant of Limited License. Subject to compliance with this Agreement, JuiceWorx hereby grants Customer a non-exclusive, limited, non-transferable, revocable license (the “License”) to the JuiceWorx products and services included in Customer’s subscription tier, whether free or Premium. This License includes the right for Customers to keep, for their records, electronic or physical copies created on the Model Juice application. Customers may not copy the content of JuiceWorx’s own forms or agreements for use or sale outside of Model Juice.
5.2 License Term. The License Term begins with Customer’s first use of Model Juice and shall continue until the earlier of termination or until the Customer’s account is otherwise deactivated.
5.3 Termination. JuiceWorx reserves the right, in its sole discretion and at any time, to terminate the License and Customer’s access to any JuiceWorx products or services. 5.4 Effect of Termination.
(A) Unpaid Fees. Any fees that are unpaid as of the date of termination will be immediately due and payable.
(B) Survival. The termination or expiration of the License will not affect any sections of this Agreement which by their nature survive termination or expiry.
Model Juice is a tool designed to help you create and manage schedules, appointments and booking information, sign, manage and send pdf vouchers and import and send portfolio pdf’s. JuiceWorx is not party to any of this information, and cannot provide advice or information about questions or disputes that may arise in connection with them. JuiceWorx is not your agent, agency, attorney, representative or partner.
All information you provide us is protected by our Privacy Policy. All data JuiceWorx receives by you, or on behalf of your agent or agency is information between either you and the client and/or your agent or agency and the client. All releases, contracts, agreements, terms and conditions between these parties are solely between them and JuiceWorx does not monitor, review or provide this information to you, the client or your agent or agency. We do not review any information provided to us for any reason whatsoever.
You understand that actions you take outside of Model Juice can affect the terms of the vouchers you have created in Model Juice in ways that Model Juice’s version of your voucher will not reflect. For example, if you and another party sign a voucher through Model Juice and later exchange emails modifying the terms of that voucher, then through your emails you may have amended the voucher in ways that the version in Model Juice does not account for. You understand that deleting a voucher from Model Juice does not terminate or otherwise affect the status of that agreement, but only removes it from your own view. Upon your deletion, the other party will receive no notification or additional information. You understand that removing the Model Juice app from your device or otherwise deactivating your Model Juice account does not terminate or otherwise affect the legal status of signed vouchers you are party to or have offered through Model Juice.
We may change the Model Juice app and contents without prior notice. Any such changes will affect future entries only, and will not change the language of agreements that have already been signed.
JuiceWorx’s products and services are intended for use in the United States. We make no claims that our products and services are accessible or appropriate outside of the United States. If you access JuiceWorx’s products or services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
JuiceWorx retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this Agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products or services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products or services; or (iii) circumvent or disable any security or technological features of our products or services.
In using any of JuiceWorx’s products or services, you agree not to:
Intentionally or unintentionally violate any law, statute, ordinance or regulation, or use Model Juice in a way that facilitates any such violation.
Disrupt or interfere with any other user’s use or enjoyment of Model Juice.
Upload or otherwise transmit through Model Juice any virus or other harmful, disruptive, or destructive file or code.
Use a false identity, represent yourself as someone else, or sign an agreement or voucher as someone else or on behalf of someone else.
Use or attempt to use another’s account, password, services,or systems.
Permit more than one user per username/email login.
Attempt to transmit any content that you are not authorized to transmit.
Disrupt or interfere with the security of, or otherwise cause harm to, JuiceWorx, its products and services, system resources, accounts, passwords, servers, or networks connected to or accessible through Model Juice.
The design, text, graphics, and selection and arrangement thereof, of JuiceWorx’s products and services are Copyright © JuiceWorx, LLC. All rights reserved.
Model Juice and the Model Juice logo are registered in the U.S. Patent and Trademark Office. These and any other JuiceWorx product or service names or slogans displayed on JuiceWorx products or services are trademarks of JuiceWorx, LLC. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Model Juice, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of JuiceWorx, LLC. and you may not copy, imitate or use it, in whole or in part, without our prior written consent.
Including our products or services within any third-party service is not permitted without our prior written consent.
Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how JuiceWorx treats your personal information and protects your privacy. Our Privacy Policy is incorporated by reference into these Terms of Service.
We may provide you with a mechanism to provide feedback, suggestions, and ideas on JuiceWorx’s products and services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our products and services without any obligation to provide attribution or compensation to you or any third party.
The accuracy and legal sufficiency of data and or vouchers produced using Model Juice depends on Customer input, which input JuiceWorx does not review. Therefore, we don’t make any claims about the quality, accuracy, legal sufficiency, legal enforceability, or appropriateness of Model Juice for your needs. If you require legal advice or help on your specific situation, please consult a licensed attorney in your area. We strive to keep Model Juice provided forms and information accurate. For forms that you provide for upload to the Model Juice platform, JuiceWorx disclaims any liability for errors during manual transcription or optical character recognition (OCR). You are responsible for reviewing the forms for accuracy before use. JUICEWORX’s PRODUCTS AND SERVICES ARE OFFERED AS-IS AND AS-AVAILABLE. JUICEWORX DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
JUICEWORX DISCLAIMS LIABILITY FOR ANY LOSS, INJURY, CLAIM OR DAMAGE RELATED TO YOUR USE OF ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM ERRORS OR OMISSIONS, A SITE OR APPLICATION BEING DOWN, OR DATA LOSS. JUICEWORX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF JUICEWORX’S PRODUCTS OR SERVICES. JUICEWORX WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JUICEWORX, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF JUICEWORX’S PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION PAID BY YOU FOR ACCESS TO OR USE OF MODEL JUICE DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY CLAIM.
You will indemnify and hold harmless JuiceWorx, LLC and it’s officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of JuiceWorx’s products and services, your violation of these Terms of Service, or your violation of any rights of a third party through use of Model Juice or its content.
We reserve the right to modify these Terms of Service. You agree that your use of JuiceWorx’s products and services after a modification will be treated as acceptance of the modified Terms of Service.
We’d love to hear from you.
By email:
support@juiceworx.org
23.1 Choice of Law, Jurisdiction & Venue. You agree that any disputes with JuiceWorx arising from or connected to your use of JuiceWorx will be governed by the laws of the state of New York, that New York courts will have exclusive jurisdiction over any such disputes, and that New York City will serve as the venue.
23.2 Headings for Convenience Only. The headings of sections and sub-sections in this Agreement are for convenience only and are not intended to affect the meaning of the Agreement.
23.3 Entire Agreement. This Agreement, along with invoices, sales orders or other purchase-related communication, is the entire agreement between you and JuiceWorx with respect to your use of Model Juice and its products and services. We reserve any rights not expressly granted here.
23.4 Non-Waiver. No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
23.5 Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.