TERMS AND CONDITIONS[4/1/22]
This page explains the terms for using JuicyPony’s (“JuicyPony”, "juicypony.com “we”, “us”, or "our") website, usage of products and services from JuicyPony, and any other software provided on or in connection with JuicyPony products and services including Tails System Software https://tails.boum.org/index.en.html, Custom VPN/IP Masking Software, Custom Encryption Software, and software from Google Analytics and Stripe. (Collectively called third party "services"), so please read these terms of use (this “Agreement”) carefully before using the products listed on JuicyPony and the services provided on JuicyPony. If you have any questions or inquiries, reach out at admin@juicypony.com.
ACCEPTANCE OF THE TERMS OF USE
Please read the Agreement carefully before using our products and services. By accessing or using our products and services, you agree to be bound by this Agreement and by our Privacy Policy[https://juicypony.com/includes/privacy.php], whether or not you are a registered user of JuicyPony. If you do not agree to all the terms and conditions of this Agreement, you should not and are not permitted to use the products and services that JuicyPony provides. This Agreement applies to all visitors, users, and others who access the JuicyPony website.
1. Payment.
Payment must be completed through JuicyPony, processed by Stripe Inc or by Paypal Inc. You are responsible for maintaining the confidentiality of your account, your account details, access to your computer along with access to JuicyPony, and you agree to accept responsibility for all authorized activities that occur under your account and account details. We have a refund policy listed on[https://juicypony.com/#refund] for products that you have purchased.
2. Shipping/Delivery.
Your products will be shipped within a week upon our receipt of your order. The specific terms relating to your order and/or order details will be provided to you at the time you place your order in your account and by email confirmation. Your order will consists of a USB Flash Drive in a pink mylar bag at one or multiple quantities and a recipt of a summary of the package content that you have recieved. Shipments will be made Monday – Saturday, excluding holidays, unless otherwise noted.
You authorize JuicyPony to export the goods on your behalf. Further you agree that JuicyPony may delegate the obligation to export our goods on your behalf to a third party shipping company such as USPS https://www.usps.com/. You will pay the sales tax of 8.6% in addition with the purchase price of the goods.
Currently, JuicyPony does not offer its products outside the country. Shipping is free for US residents.
3. Services.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable license to use products or sevices of JuicyPony for your personal and noncommercial use as permitted by the contents of JuicyPony. By using our products, you agree to not use the products for any illegal activities. JuicyPony reserves all rights to the product documentation [https://juicypony.com/resources/img/Manual.pdf]. Product usage and features can all be found in the product documentation. JuicyPony may terminate licenses given at any time for any reason or no reason at all.
4. Disclaimer.
EXCEPT AS MAY BE EXPRESSLY PROVIDED BY JUICYPONY AT THE TIME YOUR ORDER IS SHIPPED, THE PRODUCTS LISTED ON JUICYPONY IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE ARE NOT RESPONSIBLE OF HOW THE PRODUCT IS USED AFTER DELIVERY EXCEPT FROM THE PRODUCT DOCUMENTATION PROVIDED [https://juicypony.com/resources/img/Manual.pdf].
5. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL JUICYPONY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE JUICYPONY PRODUCTS OR THIRD PARTY PRODUCTS INCLUDED IN OUR PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF JUICYPONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO SUCH EVENT SHALL JUICYPONY BE LIABLE FOR ANY ILLEGAL ACTIVTIES FROM YOUR USE OF OUR PRODUCTS. In no event shall JuicyPony's total liability to you for all damages (other than as may be required by applicable law in cases involving personal and physical injury) exceed the amount you paid for JuicyPony product purchased. In no event shall JuicyPony have any liability for damages relating to any third party products purchased from JuicyPony. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. Force Majeure.
Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not limited to, any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
7. Privacy.
Please see our Privacy Statement on [https://juicypony.com/includes/privacy.php]
8. Controlling Law and Severability.
These Terms will be governed by and construed in accordance with the laws of the State of New Mexico, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.
9. Dispute Resolution.
You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Mexico without regard to its conflicts of laws provisions. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) month after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, on the condition that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between JuicyPony and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.