Terms of Use
These Terms of Use (“Terms”) are a binding agreement between you and Juice Integration, Inc., together with its subsidiaries and affiliates (“Juice Reel,” “Juice Integration,” “Juice,” “we,” “us,” or “our”).
These Terms apply to all websites, mobile applications, software, features, products, content, services and tools owned or operated by Juice, including the Juice Reel mobile application and juicereel.com (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS, A CLASS-ACTION WAIVER, LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND SPECIAL TERMS CONCERNING AUTOMATED TRANSACTION FUNCTIONALITY.
By creating an account, accessing or using the Services, purchasing a subscription or other product, connecting a third-party account, activating automated functionality, participating in the Get Paid Program, or otherwise indicating your acceptance of these Terms, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the Services.
Certain products or features may be subject to additional terms, disclosures, rules or authorizations presented when you use them (“Additional Terms”). Additional Terms are incorporated into these Terms. If Additional Terms conflict with these Terms, the Additional Terms control solely with respect to the applicable feature or transaction.
1. Eligibility and Accounts
The Services are intended for adults age 18 and older. You may not use the Services if you are under 18.
Certain portions of the Services, including certain wagering, marketplace, trading or payment-related functionality, may require you to be 21 or older or satisfy another age or eligibility requirement imposed by applicable law or a third-party provider. You may use such functionality only if you satisfy all applicable requirements.
You represent and warrant that you have the legal capacity to enter into these Terms; all information you provide is accurate, complete and current; you will comply with all laws applicable to you; and you are not prohibited from using the Services.
Accounts are personal to the registered user and may not be shared, sold, transferred or used by another individual without our written authorization.
You are responsible for your account, password, devices and authentication methods and for activity occurring through your account to the extent permitted by law. You must notify us promptly if you suspect unauthorized access.
We may require identity, age, location, payment, tax, fraud-prevention or other verification at any time.
2. Content and Intellectual Property
The Services and the content made available through them may include betting information, wager history, transaction history, odds, lines, pricing, markets, positions, account information, historical performance, statistics, rankings, systems, analytics, insights, predictions, picks, articles, text, images, audio, video, software, source code, interfaces, designs, databases, compilations, calculations, data transformations, visualizations, derived metrics, aggregated datasets and other materials (collectively, “Content”).
Except for rights expressly granted to users under these Terms, the Services and Content created, compiled or provided by Juice are owned by Juice or its licensors and are protected by applicable intellectual-property and proprietary-rights laws.
Juice owns all rights in its software, interfaces, compilations, methodologies, analytics, models, transformations, derived metrics, aggregated datasets, deidentified datasets and other materials created by or for Juice, subject to any rights third parties may have in underlying data.
Nothing in these Terms gives you ownership of the Services or Juice Content.
Except as expressly permitted through the Services, you may not reproduce, scrape, crawl, copy, distribute, republish, license, sell, reverse engineer, decompile, disassemble, create derivative works from, commercially exploit or otherwise use the Services or Content without our prior written authorization.
3. Data and Information You Provide or Connect
You may provide information directly to Juice or authorize Juice to obtain information from third-party accounts or services.
To the maximum extent permitted by applicable law and subject to our Privacy Policy, you authorize Juice to collect, access, receive, copy, store, organize, analyze, combine, transform, derive information from, aggregate, deidentify, reproduce, disclose, license, commercialize, monetize, sell and otherwise use information made available to Juice through your use of the Services for the purposes described in our Privacy Policy.
This authorization includes, without limitation, information associated with sportsbook, fantasy, sweepstakes, prediction-market, exchange, trading and similar accounts you choose to connect (“Connected Account Data”).
Our rights in Connected Account Data do not mean that Juice owns your third-party account or funds held in that account.
Passwords, secret API keys, private authentication tokens and similar authentication secrets are subject to the special limitations described in our Privacy Policy and are not treated as ordinary commercializable Connected Account Data.
4. Feedback, Profile Content and User Content
“Feedback” means suggestions, ideas, concepts, comments or other feedback concerning Juice or the Services.
You grant Juice a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free and fully paid license to use, reproduce, modify, distribute, publish, display, perform, commercialize and otherwise exploit Feedback for any lawful purpose without compensation or attribution to you.
“Profile Content” includes account-related information that you choose or authorize to be displayed or made available through the Services, including betting records, transaction records, statistics, rankings, performance information, profile information, picks and related data.
“User Content” includes text, photographs, videos, messages, comments, posts, picks, descriptions and other materials you submit, publish or make available through interactive portions of the Services.
You retain whatever ownership rights you otherwise have in User Content, but you grant Juice and its affiliates, licensees, successors and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, sublicensable, worldwide, royalty-free and fully paid right and license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, promote, monetize and otherwise exploit your Profile Content and User Content in any media for any lawful purpose.
You represent that you possess all rights necessary to grant this license and that your content does not violate law or the rights of another person.
Juice is not responsible for the accuracy, reliability or legality of User Content or Profile Content provided by users.
5. Acceptable Use and Restrictions
You may not use the Services to violate any law, regulation, court order, third-party right or contractual obligation.
You may not interfere with the operation or security of the Services; attempt unauthorized access; circumvent technical controls; probe or test vulnerabilities without authorization; introduce malicious software; use another person's credentials; impersonate another person; manipulate identifiers; scrape or automate access except through interfaces expressly made available by Juice; reverse engineer the Services except where such restriction is prohibited by law; use the Services to harass, threaten, defraud or deceive; or use the Services in a manner that imposes an unreasonable burden on our infrastructure.
You may not use the Services to engage in fraud, market manipulation, spoofing, wash trading, fictitious transactions, unlawful coordination, circumvention of geographic restrictions, unauthorized account access or other unlawful financial, wagering or trading conduct.
Juice may investigate suspected violations and may cooperate with third-party platforms, regulators, law-enforcement authorities or other persons as permitted or required by law.
6. Get Paid Program and Marketplace
Certain users may participate in Juice Reel's “Get Paid” program or other marketplace functionality (the “Program”).
A user making Profile Content or User Content available for paid access is a “Paid User.” A user purchasing or otherwise obtaining paid access is a “Paying User.”
6.1 Eligibility
Unless Juice expressly provides otherwise, a Paid User must be at least 21 years old and reside within the United States.
Paid Users must provide any information reasonably requested for verification, compliance, tax and payment purposes and keep that information accurate and current.
Payment may be conditioned upon successful completion of verification and provision of documentation reasonably required by Juice or its payment providers, including applicable tax forms.
6.2 User Responsibility
Juice does not control, endorse or guarantee any Paid User, Paying User, Profile Content or User Content.
Records, rankings, historical results and other information concerning a user do not guarantee future results.
If you use information obtained through the Program in connection with wagering, trading or another risk-bearing activity, you do so voluntarily and assume the associated risks.
You are responsible for determining whether your use of the Program is lawful in your jurisdiction.
6.3 Fees and Payments
Juice may charge fees or retain a percentage of revenue generated through the Program (“Juice Reel Fee”). The applicable economics may be displayed through the applicable product interface, Dashboard or other Program terms.
“Net Revenue” means revenue actually received by Juice through valid payment methods in connection with paid access to a Paid User's content, less applicable platform and billing fees, licensing costs, marketing or cost-of-sale expenses, taxes, refunds, returns, chargebacks, discounts, credits, currency-conversion charges, bad debt, payment-processing fees, transaction fees and other costs associated with providing or marketing the Program.
The amount payable to a Paid User after application of applicable fees and deductions is the “Program Fee.”
Juice may modify Program economics prospectively, subject to applicable law and any required notice.
Dashboard amounts may be estimates and may not reflect final payment calculations.
Payments may be processed by third parties and are subject to their terms.
Chargebacks, refunds, reversals, fraudulent transactions or excess payments may be deducted from current or future balances. Juice may offset amounts you owe Juice against amounts otherwise payable to you to the extent permitted by law.
If an account becomes inactive or dormant, Juice may take actions permitted by applicable law concerning unpaid balances and may remit amounts as unclaimed property where legally required. Nothing in these Terms authorizes Juice to retain property where applicable law requires otherwise.
6.4 Taxes
You are responsible for taxes imposed on income, payments, purchases or other activity attributable to you.
Juice may collect, deduct or withhold amounts when legally required and may report payments to taxing authorities.
6.5 Program Enforcement
Juice may suspend or terminate Program participation, disable an account, withhold amounts associated with fraud or violations, reverse erroneous credits and take other action reasonably necessary to protect the Program, subject to applicable law.
7. Purchases, Subscriptions and Automatic Renewal
Certain Services require payment.
Prices, billing periods and material purchase terms will be disclosed at or before purchase.
Unless otherwise stated, subscriptions automatically renew for successive billing periods until cancelled.
BY PURCHASING AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOU AUTHORIZE THE APPLICABLE PAYMENT METHOD TO BE CHARGED THE THEN-APPLICABLE SUBSCRIPTION PRICE AND APPLICABLE TAXES AT EACH RENEWAL UNTIL YOU CANCEL.
You may cancel through the cancellation method provided for the applicable subscription. For subscriptions purchased through Apple, Google or another third-party platform, cancellation may need to be completed through that provider.
Cancellation takes effect at the end of the then-current paid billing period unless applicable law or the applicable purchase terms provide otherwise.
Free trials automatically convert to paid subscriptions at the disclosed rate when the trial ends unless cancelled before the applicable deadline.
Introductory pricing may automatically renew at the then-current standard rate disclosed when you subscribe.
Except where otherwise stated or required by applicable law, payments already made are non-refundable and partial billing periods are not refunded.
Juice may modify prices prospectively after providing notice required by applicable law.
Any in-app currency, credits, tokens or similar units offered by Juice have only the functionality expressly stated by Juice. They are not legal tender, deposits or stored-value accounts and have no guaranteed cash value or redemption value unless expressly stated otherwise.
8. Promotions
Sweepstakes, contests, giveaways and similar promotions may have separate official rules.
Those rules govern the applicable promotion and may contain eligibility restrictions, publicity rights, prize conditions and additional provisions.
9. Connected Third-Party Accounts
The Services may allow you to connect accounts maintained with third parties, including sportsbooks, fantasy services, sweepstakes platforms, exchanges, prediction markets, brokers and other providers (“Connected Accounts”).
By connecting a Connected Account, you represent and warrant that you own or are lawfully authorized to control the account and that you are authorized to provide the applicable credentials or permissions to Juice.
You authorize Juice to communicate with the relevant third party using the connection you establish and to receive, retrieve, transmit and process information within the scope of the permissions you provide.
Your Connected Account remains governed by the third party's agreements, privacy policy, rules and procedures.
Juice is not responsible for actions taken independently by a third-party provider.
A third party may modify, restrict or terminate its API or other access at any time. Juice does not guarantee continued connectivity.
10. Prediction Market and Trading Services
This Section applies to any feature that allows you to view, configure, transmit or automate instructions involving a prediction market or other supported trading platform (“Trading Services”).
For purposes of this Section, the applicable exchange, designated contract market, broker, futures commission merchant, introducing broker or other supported trading service is a “Trading Platform.”
10.1 Nature of the Trading Services
Juice provides software through which you may connect an independently maintained Trading Platform account and establish instructions concerning transactions in that account.
Where enabled, you may create objective parameters, limits, triggers, thresholds and other instructions in advance (“Standing Instructions”).
By activating a Standing Instruction, you direct and authorize Juice software to mechanically transmit an order or other instruction to your Trading Platform when the objective conditions selected by you are satisfied.
You understand that transmission may occur automatically and without a separate contemporaneous confirmation from you.
A Standing Instruction is your instruction. Creating and activating it constitutes your authorization for subsequent transmissions made according to its terms until you modify, disable or revoke it, subject to orders already transmitted.
10.2 User Direction; No Discretionary Trading
You are solely responsible for deciding whether to activate Trading Services and for establishing, reviewing and modifying your Standing Instructions.
The Trading Services covered by this Section are intended to mechanically implement objective instructions established by you.
Juice does not undertake to determine that a transaction is suitable, advisable, profitable or appropriate for you and does not undertake to change your Standing Instructions based upon its judgment concerning market conditions.
Juice does not exercise discretion to change the economic terms of a Standing Instruction in order to improve your return, minimize your loss or otherwise manage your Trading Account. Your Trading Account is the account you maintain with a Trading Platform and connect to the Services. You may only connect a Trading Account which you own and are authorized to control.
Administrative actions taken for security, compliance, technical limitations, system integrity, risk controls or Trading Platform requirements—including delaying, declining, throttling, pausing or preventing transmission—do not constitute an undertaking to manage your account.
10.3 No Custody
Your Trading Account is maintained by the applicable Trading Platform or other relevant third party, not by Juice.
Juice does not accept or hold funds or other property from you for purposes of margining, securing, guaranteeing, clearing or settling transactions through the Trading Services.
Funds and assets associated with your Trading Account remain with the applicable Trading Platform, FCM, clearing organization, bank, custodian or other third party.
You should not give Juice withdrawal authority over your Trading Account.
Where a Trading Platform permits you to select API permissions, you agree to provide only permissions reasonably necessary for functionality you choose to activate.
Juice may refuse or terminate a connection that provides permissions it determines are unnecessary, inappropriate or insecure.
10.4 Independent Relationship With Trading Platform
You establish and maintain your Trading Account directly with the Trading Platform.
You must independently satisfy the Trading Platform's onboarding, eligibility, identity-verification, customer, funding and other requirements.
You must remain able to access your Trading Platform independently of Juice, subject to the Trading Platform's own systems and policies.
Using Juice does not prevent you from accessing the Trading Platform directly.
10.5 Connected Account Credentials
Trading Services may require an API key, access token, OAuth authorization or another credential (“Trading Credentials”).
You authorize Juice to use Trading Credentials within the permission scope you grant for purposes such as authenticating the connection, obtaining account information and transmitting authorized instructions.
You represent that your Trading Credentials were obtained lawfully and that your connection does not violate an agreement binding upon you.
You must promptly revoke or replace Trading Credentials if you believe they have been compromised.
10.6 No Investment, Commodity Trading, Legal or Tax Advice
Juice offers technology, information and analytics.
Unless Juice expressly enters into a separate written agreement providing otherwise, Juice does not undertake to provide individualized investment, commodity trading, financial, legal or tax advice through the Trading Services.
Market information, statistics, rankings, historical performance, community activity, analytics, educational information and other Content should not be interpreted as a guarantee or assurance of any future transaction or result.
Nothing displayed through Juice guarantees that a transaction will be profitable.
PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
10.8 Risk Disclosure
TRADING INVOLVES SUBSTANTIAL RISK OF LOSS. YOU SHOULD TRADE ONLY WITH FINANCIAL RESOURCES YOU CAN AFFORD TO LOSE.
Depending upon the applicable product, you may lose some or all of the amount committed to a transaction. Products involving margin, leverage or similar characteristics may involve losses exceeding amounts initially committed.
Market conditions may make it difficult or impossible to liquidate or offset a position. Liquidity can decrease or disappear. Prices can change rapidly. Trading Platforms may impose position limits, price limits, trading halts or other restrictions.
Certain orders intended to limit losses or obtain execution at a particular price may not be effective because market conditions or Trading Platform rules may make execution impossible.
Commissions, transaction charges, spreads, subscriptions and other fees can materially affect the economics of a transaction.
Electronic trading creates additional risks. Hardware, software, connectivity, internet, API, data-feed or third-party failures can prevent, delay or alter communication with a market.
Your results may be affected by latency between observation of a condition, generation of an instruction, transmission, receipt and execution.
AUTOMATED TRADING CREATES ADDITIONAL RISKS. Incorrect parameters, stale information, unexpected market conditions, software errors, outages, duplicate communications, third-party API behavior or misunderstanding how parameters interact may cause orders or results you did not anticipate.
A Trading Platform may cancel, suspend, reverse, delay, modify or resolve transactions pursuant to its rules.
You acknowledge and voluntarily assume these risks.
10.9 Trading Platform Relationship and Conflicts of Interest
Juice may enter into commercial arrangements with Trading Platforms or other entities involved in providing the Trading Services.
Depending upon the arrangement, Juice may receive technology fees, subscription fees, fixed compensation, referral compensation, transaction-based compensation, revenue sharing, data-related compensation or other economic benefits (“Trading Platform Relationship Structures”).
Such arrangements may create actual or potential conflicts of interest, including an economic incentive for Juice to integrate, display, promote or make available a particular Trading Platform, product or category.
Where required or appropriate, Juice will provide additional information regarding the relevant relationship and material compensation arrangements through a Trading Platform-specific disclosure (“Relationship Disclosure”).
Your use of a Trading Platform is not conditioned on accessing it through Juice. You may access a Trading Platform independently, subject to its terms.
10.10 Trading Platform Controls Execution
Juice does not operate a third-party Trading Platform's market, order book, matching engine, clearing system or settlement system.
The Trading Platform determines whether an order is accepted, rejected, filled, partially filled, cancelled or settled pursuant to its rules.
An instruction displayed as submitted, pending, filled, settled, won, lost or otherwise characterized within Juice does not supersede the official records of the Trading Platform.
In the event of an inconsistency regarding execution, position, balance or settlement, the Trading Platform's official records control except where applicable law provides otherwise.
10.11 No Guarantee of Order Transmission or Execution
Juice does not guarantee that an instruction will be detected, generated, transmitted, received, accepted, executed or settled at any particular time, price or amount.
Orders may be delayed, rejected, duplicated, partially filled, executed at a price different from an observed price, cancelled or fail altogether.
Juice is not responsible for market movements occurring while an order is pending or for circumstances outside Juice's reasonable control.
10.12 Erroneous or Unexpected Orders
You are responsible for reviewing your Standing Instructions before activation.
If you believe an erroneous or unauthorized instruction has been transmitted, you should promptly disable the relevant automation when reasonably possible, review your Trading Platform account, contact the Trading Platform concerning any pending or executed order as appropriate, and notify Juice.
Juice does not guarantee that an order already transmitted can be cancelled or reversed.
Juice has no obligation to reimburse a trading loss merely because a user's settings produced an unintended result, an order executed differently than expected, market conditions changed, or a third-party system failed.
Juice is not acting as your broker, futures commission merchant, commodity trading advisor, investment adviser, financial adviser or fiduciary, and does not provide individualized investment, commodity trading, financial, legal or tax advice through the Trading Services.
Juice does not recommend or endorse any particular transaction, Trading Platform, contract, position, trading strategy or Standing Instruction, and no information made available through the Trading Services should be construed as a recommendation or solicitation to enter into any transaction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE TRADING SERVICES AND AUTOMATED FUNCTIONALITY MAY EXPERIENCE ERRORS, BUGS, MALFUNCTIONS, DELAYS OR OTHER FAILURES AND MAY GENERATE, TRANSMIT, FAIL TO TRANSMIT, DUPLICATE, MODIFY OR CANCEL AN ORDER INCORRECTLY OR IN A MANNER THAT DOES NOT CONFORM TO YOUR STANDING INSTRUCTIONS. YOU EXPRESSLY ASSUME THE RISK OF ANY TRADING LOSS OR OTHER ECONOMIC LOSS RESULTING FROM ANY SUCH ERROR, BUG, MALFUNCTION OR FAILURE AND AGREE THAT JUICE WILL NOT BE LIABLE FOR, AND YOU WAIVE AND RELEASE JUICE FROM, ANY CLAIM ARISING OUT OF OR RELATING TO ANY SUCH LOSS, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE WAIVED OR LIMITED.
Nothing in these Terms eliminates a right or remedy that cannot lawfully be waived.
10.13 Prohibited Trading Conduct
You may not use Trading Services for fraud, manipulation, spoofing, wash trading, fictitious transactions, unlawful coordination, misuse of material nonpublic information, unlawful manipulation of an event underlying a contract, unauthorized trading, circumvention of Trading Platform restrictions, or any other activity prohibited by applicable law or Trading Platform rules.
You may not use a Trading Account belonging to someone else without lawful authorization.
You are responsible for restrictions arising from your employment, occupation, affiliation with an event, possession of confidential information, location, residence, citizenship or other circumstance.
10.14 Geographic and Regulatory Restrictions
Trading Services may not be available in all jurisdictions or to all users.
You may not falsify your location or use a VPN, proxy, spoofed GPS data, false identity or similar method for the purpose of circumventing an eligibility or geographic restriction.
Juice may restrict functionality based on location or other information reasonably available to it.
10.15 Suspension and Kill Switches
Juice may pause, restrict, throttle, decline or terminate automated functionality where reasonably necessary for security, maintenance, regulatory compliance, suspected account compromise, fraud prevention, market integrity, Trading Platform requirements, technical problems or protection of Juice, users or third parties.
The existence of such controls does not create a duty for Juice to monitor your Trading Account or protect you from losses.
10.16 Changes in Law or Regulatory Requirements
Juice may immediately modify, restrict, suspend or discontinue some or all Trading Services if Juice determines that law, regulation, regulatory guidance, enforcement policy, Trading Platform requirements, contractual obligations or other circumstances create legal, regulatory, security or operational concerns.
Juice does not guarantee that any Trading Service, market, contract or Trading Platform will remain available.
10.17 Records and Electronic Acknowledgments
You consent to receiving agreements, disclosures, authorizations and notices electronically.
Juice may maintain records relating to Standing Instructions, parameter changes, activation and deactivation, Trading Credentials, connection events, orders transmitted, responses received, disclosures presented, acknowledgments, timestamps, device and network information and other activity for security, support, legal, regulatory, compliance and recordkeeping purposes.
An electronic acknowledgment or activation may constitute your electronic signature and authorization to the extent permitted by law.
11. Privacy
Our Privacy Policy is incorporated into these Terms.
By using the Services, you acknowledge our collection, use, disclosure, commercialization and other processing of information as described in the Privacy Policy.
12. Third-Party Content and Services
The Services may display or integrate content, products, advertisements, APIs, software or services provided by third parties.
The presence of third-party content does not constitute a guarantee or endorsement by Juice.
Third parties operate under their own agreements and privacy practices.
Except to the extent liability cannot legally be excluded, Juice is not responsible for independent acts or omissions of third parties.
13. Monitoring and Copyright Complaints
Juice may, but is not required to, monitor, review, edit, restrict, refuse or remove User Content when permitted by law.
If you believe copyrighted material has been used through the Services in a manner constituting infringement, send a notice containing the information required by applicable copyright law to:
Juice Integration, Inc. 600 Third Avenue New York, NY 10016 Email: team@juiceintegration.com Subject: DMCA Request
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
JUICE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, SECURITY, AVAILABILITY AND ERROR-FREE OPERATION.
JUICE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIRD-PARTY DATA WILL BE ACCURATE, OR THAT USE OF THE SERVICES WILL PRODUCE A PARTICULAR RESULT.
SPORTS BETTING, FANTASY SPORTS, PREDICTION-MARKET TRANSACTIONS AND OTHER RISK-BEARING ACTIVITIES CAN RESULT IN FINANCIAL LOSS.
NO RANKING, ANALYTIC, HISTORICAL RESULT, STATISTIC, VERIFIED RECORD, PICK, MODEL OUTPUT OR OTHER CONTENT GUARANTEES A FUTURE RESULT.
YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUICE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; LOST PROFITS; LOST OPPORTUNITIES; LOST DATA; LOSS OF GOODWILL; WAGERING LOSSES; TRADING LOSSES; MARKET LOSSES; OR DAMAGES CAUSED BY THIRD-PARTY CONTENT OR SERVICES.
With respect to Trading Services, this exclusion includes losses arising from market movements, erroneous settings, API failures, outages, latency, stale information, missed orders, duplicate orders, rejected orders, partial fills, execution prices, settlement determinations or inability to cancel an order.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUICE'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO JUICE FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
These limitations apply regardless of whether liability is asserted in contract, tort, negligence, strict liability, statute or another theory and even if Juice was advised of the possibility of the relevant damages.
Nothing in these Terms excludes liability to the extent exclusion is prohibited by applicable law.
16. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Juice and its affiliates, directors, officers, employees, contractors, agents, licensors and service providers from and against claims, investigations, proceedings, losses, liabilities, damages, penalties, settlements, judgments and reasonable legal fees arising from or relating to your use or misuse of the Services; your User Content or Profile Content; your participation in the Program; your Connected Accounts; your Standing Instructions or trading activity; your violation of these Terms; your violation of applicable law or third-party rules; your violation of another person's rights; unauthorized activity using credentials or account access you provided; or fraud, manipulation or other prohibited activity attributable to you.
Juice may assume exclusive control of the defense of a matter subject to indemnification. You may not settle such matter in a manner affecting Juice without our prior written consent.
17. Binding Individual Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.
Except for claims eligible for small-claims court and claims seeking temporary or preliminary injunctive relief concerning unauthorized access, misuse of intellectual property or similar urgent equitable matters, you and Juice agree that any dispute, claim or controversy arising out of or relating to the Services, these Terms, the Privacy Policy or the relationship between you and Juice will be resolved by binding individual arbitration.
17.1 Informal Resolution First
Before initiating arbitration, the party asserting a claim must provide written notice describing the claimant, factual basis of the dispute and relief requested.
The parties will attempt in good faith to resolve the dispute informally for at least 60 days before arbitration is commenced.
17.2 Arbitration
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Arbitration will be administered by the American Arbitration Association under the applicable Consumer Arbitration Rules, unless another applicable AAA ruleset is required.
The arbitration will be conducted before one arbitrator.
Except where applicable law or AAA rules require otherwise, the arbitration will take place in New York County, New York or remotely by video, telephone or written submissions as determined by the arbitrator.
The arbitrator may award any individual remedy available in court that is not validly waived by these Terms.
17.3 Jury-Trial and Class Waivers
YOU AND JUICE WAIVE THE RIGHT TO A JURY TRIAL.
YOU AND JUICE ALSO AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The arbitrator may not consolidate claims of different individuals unless both parties expressly agree.
17.4 Opt-Out
You may opt out of this arbitration agreement by sending a written opt-out notice to team@juiceintegration.com within 30 days after the date you first affirmatively accept this version of the Terms.
Your notice must include the email address associated with your Juice account and clearly state that you are opting out of the arbitration agreement.
Opting out of arbitration does not opt you out of any other portion of these Terms.
17.5 Non-Arbitrable Claims
Any dispute properly determined not to be subject to arbitration must be brought exclusively in the state or federal courts located in New York County, New York, except where applicable law prohibits enforcement of that venue.
18. Governing Law and Time to Bring Claims
These Terms are governed by the laws of the State of New York without regard to conflict-of-laws principles, except to the extent federal law governs or applicable law requires otherwise.
To the maximum extent permitted by law, any claim arising out of or relating to the Services must be commenced within one year after the claim accrued or it is permanently barred.
19. Suspension and Termination
Juice may restrict, suspend or terminate your account or access to some or all Services where permitted by law, including because of violation of these Terms, suspected fraud or abuse, security concerns, legal or regulatory requirements, third-party requirements or discontinuation of a Service.
We may discontinue a product or feature.
Termination does not affect provisions that by their nature should survive, including provisions concerning licenses, data rights, accrued payments, risk assumption, disclaimers, liability limitations, indemnification and dispute resolution.
Data may be retained following termination as described in our Privacy Policy.
20. State-Specific Consumer Rights
Nothing in these Terms waives a consumer right that applicable law prohibits you from waiving.
California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs using the contact information published by that agency.
Juice may be contacted at team@juiceintegration.com.
21. Miscellaneous
These Terms and incorporated Additional Terms constitute the agreement between you and Juice concerning the Services covered by them.
If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
Juice's failure to enforce a provision is not a waiver.
You may not assign these Terms without Juice's prior written approval. Juice may assign these Terms in connection with a merger, financing, acquisition, corporate reorganization, sale of assets or other business transaction, or otherwise as permitted by law.
Headings are for convenience only.
Juice may update these Terms from time to time. Material changes will be communicated as required by applicable law. Where applicable law requires affirmative consent to a change, we will obtain it.
Questions concerning these Terms may be sent to:
Juice Integration, Inc. 600 Third Avenue New York, NY 10016 team@juiceintegration.com