PLEASE NOTE THAT (1) THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO CLAIMS OR DISPUTES YOU MAY HAVE WITH NJOY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
YOUR WWW.NJOY.COM ACCOUNT.
By creating and obtaining an account you affirm that you will follow these Terms. If you use this Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree that you will never share your user ID and password with anyone else for any reason. You agree that you will not permit the use of your account by anyone but yourself. You agree that if you have reason to believe that the security of your account has been compromised, or there is use of your account by another person, you will notify NJOY immediately at [email protected]. You agree to accept responsibility for all activities that occur under your account or password and will indemnify and hold harmless NJOY from any damages that arise out of or in relation to use of your account.
Any use of this Site by anyone under 21 years of age is strictly prohibited and in violation of these Terms. An age-verification check will be performed either upon creation of an account on the Site, upon login to the Site, or subsequent to account creation. If you are determined to be under 21 years of age, www.njoy.com and its affiliates will refuse service, terminate all of your accounts, or remove or edit content.
We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting NJOY at [email protected]. You may not open alternate accounts.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT.
Customers and visitors may leave comments or other appropriate content on www.njoy.com, or provide comments or other feedback via e-mail and other communications. You are also encouraged to submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” (collectively “Spam”). NJOY reserves the right to remove or hide any Spam from its Site. Do not use a false e-mail address, impersonate a third party person or entity, or otherwise mislead NJOY as to the origin of a communication.
Any material or communication transmitted by you to this Site or NJOY will not be treated as confidential. By submitting any comments or content to us, you grant us a non-exclusive, irrevocable, royalty free, worldwide and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to NJOY may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit, hide, remove or otherwise refuse to post content submitted by you.
Copyright. All content included on this Site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of the information on this Site may be copied or reproduced in any form, or by any means without prior written permissions from NJOY. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this Site or any NJOY publication for any public, private, or commercial purpose.
Trademarks. NJOY, www.njoy.com and other graphics, logos, page headers, button icons, scripts, and service names are trademarks and registered trademarks of NJOY.
License and Site Access: NJOY grants you a limited license to access and make personal use only of the www.njoy.com Site. Such grant does not include, without limitation:
- any resale or commercial use of the Site or content therein, or download or modify any portion of the Site, except through page storing;
- the collection and use of any product listings, pricing, or descriptions;
- making derivative uses of the Site and its contents; or
- any copying or downloading of information for benefit of a third party;
- use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of NJOY, or any third party.
Any unauthorized use will immediately terminate your permission to use this Site. You may not use any NJOY text, graphics, photos, logos, button icons, images, audio clips, digital downloads or data compilations without the express written permission of NJOY.
Copyright Complaints USA. NJOY and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our offices immediately.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, RISK OF LOSS AND INDEMNIFICATION.
NJOY products, this Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by www.njoy.com or its affiliates on an “as is” basis, unless otherwise specified in writing. NJOY, www.njoy.com and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. NJOY, www.njoy.com and its affiliates attempt to be as accurate as possible when posting content. You expressly agree that your use of NJOY products or this Site is at your sole risk.
To the fullest extent permissible by applicable law, NJOY and www.njoy.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, unless otherwise stated. NJOY and www.njoy.com and its affiliates do not warrant that NJOY products; this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their services; or email sent from www.njoy.com are free of defects, viruses or other harmful components. Neither NJOY nor www.njoy.com and its affiliates will be liable for any damages of any kind arising from the use of NJOY products, this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Additionally, no nicotine e-liquid product should be considered safe. Nothing on this site is intended to imply that the products have been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Please see www.njoy.com/us/warning for additional warnings.
You agree to indemnify, defend, and hold harmless NJOY and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorneys’ fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any NJOY products or services, or this Site, including any data or content transmitted or received by you, (ii) your violation of these Terms, including without limitation your breach of any of the representations or warranties herein or your obligations under this section, (iii) your violation of any third party right including without limitation any right of privacy or intellectual property rights, (iv) your violation of any applicable law, rule or regulation, (v) any content that is submitted via your account, including without limitation, misleading, false or inaccurate information, (vi) your willful misconduct or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
NJOY reserves the right to change any and all content contained on this Site at any time without notice.
APPLICABLE LAWS; COMPLIANCE AND EXPORT CONTROL LAWS.
By visiting www.njoy.com, you agree that the laws of the United States and of the State of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.njoy.com or its affiliates.
Visitor or user access to www.njoy.com is governed by all applicable federal, state, and local laws. All information available on www.njoy.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
You may opt-out of this Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) by emailing us at [email protected] the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with us, but we must receive this opt-out request within 30 days from the date that you first consent to these Terms. Any opt-out request received after this deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
UNLESS YOU OPT-OUT OF THESE ARBITRATION PROCEDURES AS SET FORTH ABOVE AND EXCEPT AS OTHERWISE DESCRIBED HEREIN:
YOU AND NJOY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT
You and NJOY agree to arbitrate – rather than litigate in court – any and all claims or Disputes that may arise between you and NJOY, as defined below. For the purpose of this Arbitration Agreement the term “NJOY” means NJOY and any of NJOY’s parent companies or organizations, subsidiaries, affiliates, and each of their managers, owners, officers, directors, employees, or agents. The term “Dispute” means any claim or dispute that may arise out of or in any way relates to your relationship with NJOY, including without limitation regarding these Terms, your use of this Site, or the NJOY products or services that we, our affiliates, and/or our service providers (on our behalf) may provide to you in connection with your use of this Site and/or NJOY products, including, without limitation, any Dispute based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced; However, in no event shall this Arbitration Agreement prevent you, in your individual capacity, from filing or joining a complaint with any federal, state, or local government agency that is authorized by law to seek relief against NJOY on your behalf. The arbitration between you and NJOY will be binding, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof.
Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. This Arbitration Agreement provides that all Disputes between you and NJOY shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is very limited.
The arbitrator’s authority is governed by these Terms. You and NJOY agree that an arbitrator must follow and be governed by this Arbitration Agreement and may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with us, and may not include class or collective action relief. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
Notwithstanding this Arbitration Agreement, you and NJOY may bring appropriate claims against each other regarding Disputes in small claims court, if the claims fall within the small claims court’s jurisdiction, or, on an individual and not class or collective action basis, before any other federal, state, or local government agency authorized by law to hear your claims.
Any dispute relating in any way to your visit to www.njoy.com shall be submitted to confidential arbitration in Scottsdale, Arizona, or in the federal judicial district in which you reside, except that, to the extent you have in any manner violated or threatened to violate NJOY’s intellectual property rights, NJOY may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Class Action Waiver
You and NJOY agree that all Disputes between you and NJOY will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim or Dispute in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class or representative basis. Furthermore, neither you nor NJOY may participate in a class or representative action as a class member if the class action asserts claims or Disputes that would fall within the scope of this Arbitration Agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this Arbitration Agreement shall not prohibit you or NJOY from participating solely in your individual capacity in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. We both agree that this class action waiver is an essential part of our Arbitration Agreement and that, if this class action waiver is found to be unenforceable by any court or arbitrator, then the entire Arbitration Agreement set forth in this section will not apply to any claim or Dispute between you and us. This class action waiver may not be severed from our Arbitration Agreement.
Informal Dispute Resolution
You and NJOY agree to try to resolve Disputes informally before resorting to arbitration. If the Dispute cannot be resolved by telephone, you agree to notify us of the Dispute by sending a written description of your claim to [email protected] so that we can attempt to resolve it with you. If we do not satisfactorily resolve your Dispute within 30 calendar days of receiving notice of it, then you may pursue the Dispute in arbitration. Neither you nor we may initiate arbitration without first providing the other notice of the Dispute and following the informal Dispute resolution procedure provided in this paragraph.
If the Dispute is not resolved by the Informal Dispute Resolution procedure described above, then either you or NJOY may initiate arbitration proceedings. You and NJOY agree that this Site affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”), and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the Dispute asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the Dispute asserted is for $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this Arbitration Agreement, this Arbitration Agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your Dispute and any claims for relief to NJOY Legal Department, 9977 N. 90th Street, Suite 160 Scottsdale, AZ 85258. You must also comply with the AAA’s rules regarding initiation of arbitration. We will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this Arbitration Agreement or applicable law. We will not seek to recover our fees and costs from you in the arbitration unless your claim has been determined to be frivolous. If you are successful in the arbitration, we will pay your reasonable attorney’s fees and costs. If you obtain an award from the arbitrator greater than our last written settlement offer, we will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location, which may include Scottsdale, Arizona or the federal judicial district within which you reside. If you seek less than $10,000, then you may choose to hold the arbitration in person, via phone, or to have it decided based on written submissions.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, except as limited by other provisions of these Terms, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA or applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
SURVIVAL AND CONTINUATION.
This Arbitration Agreement shall survive the termination of your contract or relationship with NJOY and your use of the Site or NJOY products.
Severability. Except as to the Class Action Waiver clause above, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. If the Class Action Waiver clause is found to be illegal or unenforceable, then the entire Arbitration Agreement, above, will be unenforceable, and any Dispute will be decided by a court.
Modifications to these Terms. NJOY reserves the right to change these Terms at its sole discretion, at any time, without notice. However, the Terms in effect at the time you use the Site shall govern your and our rights arising out of such use of the Site. At the end of these Terms, the date of such Terms shall be stated.
Updated March 22, 2021