Please email us at firstname.lastname@example.org if you have any questions. Thank you for visiting our Site and for supporting our products!
CHANGES TO THESE TERMS
Project Juice may modify these Terms at any time, and such modification shall be effective immediately upon posting the modified Terms on this Site or via e-mail. Your continued use of this Site or of our products shall be deemed your acceptance of such changes. If you do not wish to be bound by these Terms, please do not use the Site or our products.
YOUR USE OF THIS SITE.
You agree to use this Site for your own personal, non-commercial use only. You also agree that your use of the Site and any of our products does not violate any applicable law or regulation. Finally, you acknowledge that you have the right, authority and capacity to enter into these Terms.
USE OF THIS SITE’S CONTENT.
The content of this Site is the exclusive property of Project Juice. You agree to not extract, modify, reproduce or distribute any of the Site’s content for any purpose other than for your own personal, non-commercial use, without the prior written consent of Project Juice.
PROJECT JUICE’S COMMUNICATIONS TO YOU.
You agree that Project Juice may send you e-mail to advise you of our products, changes to this Site or for other purpose.
We have made every effort to display the colors of our products as accurately as possible. However, we cannot guarantee that your monitor's display will be accurate as the actual colors you see depend on your monitor.
From time to time there may be information on this Site that contains inaccuracies, omissions or typographical errors, that may relate to product descriptions, availability and pricing. We reserve the right to correct any inaccuracies, omissions or errors and to update information at any time without prior notice (including after you have submitted your order).
IMPROPER USE OF THIS SITE.
You agree not to use the Site to:
(a) harm others, including, but not limited to, infringing upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
(b) violate any laws, regulations, treaties or governmental or judicial order;
(c) send or enable the transmission of junk email, "phishing" or "spamming" or unsolicited or duplicative messages;
(d) Distribute, transmit or upload programs or material that contains malicious code, including, but not limited to, viruses, cancelbots, time bombs, Trojan horses, worms, spyware, Easter eggs, or other potentially harmful programs or other materials or information;
(e) impair, disrupt, alter or otherwise interfere with the content, features, functions, or use of this Site;
(f) improperly display any TCP/IP packet header or part of the header information in any e-mail or other postings;
(g) gain illegal or unauthorized access to other computers or networks through hacking or other means;
(h) gain unauthorized access to this Site; or
(i) assist or permit any person to engage in any of the activities described above.
Even though the above activities are prohibited, you agree if you become exposed to them while using this Site neither Project Juice nor any of our officers, shareholders, directors, advertisers, employees or corporate partners will in any way be responsible for any damages caused by such exposure.
THIRD PARTY WEBSITES.
You agree that links to third party websites, including advertisements, are provided to you for convenience purposes only and that Project Juice does not guarantee, endorse or have responsibility for the content, products or services of any third party websites.
COMMENTS AND SUGGESTIONS.
We greatly value your suggestions, comments, feedback, postcards, ideas, and other submissions you may provide Project Juice ( “Comments”). Comments shall be Project Juice’s property and the offering of Comments to Project Juice shall constitute your assignment to Project Juice of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Project Juice will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Project Juice shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments or (3) to respond to any user Comments.
You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you provide to Project Juice.
If you believe this Site contains content that infringes on copyrights in your work, please e-mail the following information to email@example.com:
(a) A description of the copyrighted work that you claim has been infringed upon and the location where the original or an authorized copy of the copyrighted work exists;
(b) A description of where the infringing material is located on our website;
(c) Your name, address, telephone number, and e-mail address;
(d) The signature of the copyright owner or of the person authorized to act on behalf of the copyright owner;
(e) A statement that you have a good-faith belief that Project Juice’s use of the content is not authorized by the copyright owner, its agent, or the law and
(f) A statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, PROJECT JUICE, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR THE PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S ACCESS OR USE OF THIS SITE, ANY CONTENT POSTED ON THIS SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED FROM PROJECT JUICE.
CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.
THE CONTENT OF THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. PLEASE CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
TERMS OF SALES
I. Product Subscriptions; Continuous Subscriptions; Cancellation Policy
a. Product Subscriptions. We offer different subscription plans for our products which determine the number of products and deliveries you receive each month. If your Subscription plan changes, the applicable price may also change. Changes to your Subscription, or other choices you may make (such as the number of orders you receive), may also result in changes to any charges and delivery times. If we change the prices or other charges associated with our various Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our Sites. The fees for the Subscriptions can be found on our Subscribe Now page and may be subject to change in the future. We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion.
b. CONTINUOUS SUBSCRIPTIONS. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) PROJECT JUICE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU THE WEEK PRIOR TO YOUR SUBSCRIPTION BEING DELIVERED (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, (b) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT, SKIP IT, OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
c. Cancellation Policy. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING CUSTOMER SUPPORT OR CANCELLING WITHIN YOUR SUBSCRIPTION DASHBOARD. ANY ORDER IDENTIFIED AS “ORDER PROCESSED” OR “SHIPPED” ON YOUR UPCOMING PAGE, HAS BEEN PROCESSED AND CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Project Juice, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
II. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to changes you make to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
III. Pricing and Availability
All prices are shown in U.S. dollars and include applicable taxes. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes in accordance with Section III. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of your order, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Terms Of Sale, Section I, as applicable.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. These taxes are included in the listed price on our Subscriptions page.
V. Shipping and Handling
Our listed price includes shipping and handling charges. Generally, shipping is handled by a third party courier. When you purchase a Product from the Project Juice Sub-Zero Superfoods™ website, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
All Products purchased from us are made pursuant to a shipment contract. This means that when you purchase a Product that is fulfilled by one of our third party fulfillment partners title to and the risk of loss of such Product passes to you upon the fulfillment partner’s delivery of such Product to the third party courier, and when you purchase a Product that is fulfilled by us title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the quality of the Products you receive. To maintain the quality and integrity of the Products, we recommend that you immediately freeze all Products upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our ingredients are packaged with insulated liners and will typically remain frozen for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your order prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.
VII. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
a. Overview. The SubZero Superfoods™ by Project Juice referral program, #FeelAwesome Rewards, (the “Program”) is a referral reward program offered by SubZero Superfoods™ by Project Juice, Inc. (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.subzerosuperfoods.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation http://try.projectjuice.com/referral-program-free-subzeros (the “Explainer Page”).
The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
b.Terms & Conditions. The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.
c.Acceptance.By using or enrolling in the Program, you accept and agree to be bound by these Terms & Conditions.
II. Program Membership
a. Membership Enrollment.You are auto-enrolled into Membership upon initial purchase with a valid Sub-Zero Superfoods store account.
b. Password and Security. In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one Sub-Zero Superfoods account (“Account”) is permitted per person.
c. Suspension Rights; Capacity. If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the referral credit in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
d. Change in information Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
e. Account Closure. Store credits are reduced to zero upon closure of a Sub-Zero Superfoods account and subsquent Rewards Membership.
f. Security.All referral credits will be credited to the Member’s Account who made referral. The Company assumes no liability or responsibility for referral credits redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that their account has been compromised. Any referral credits redeemed prior to notification shall be at the Member’s risk.
III. Referral Rewards
a. Collection; Redemption.Referral credits can be earned by Program Members by referring others to make their first purchases of goods and/or services through the Company as set forth on the Explainer Page.
Referral credits are transferred to user’s Sub-Zero account and automatically redeemed as store credit against upcoming subscription deliveries. Redemption will occur through online website www.subzerosuperfoods.com as set forth on the Program website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page.
Referral credit will be available on each member’s Sub-Zero Superfoods account to be applied against future deliveries. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the referral credit, the remaining dollar value associated with remain available as store credit.
b. Value.Referral credit is not exchangeable for cash and are not transferable. The accumulation of referral credit does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which referral credit can be collected and/or redeemed. Referral offer and promotional offers are subject to change at any time.
c. Transferability. Except as permitted from time to time by the Company, referral credits cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any referral credits acquired as such are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
d. Return/Exchange Policy.In the event of a return/exchange of any eligible purchase that initially earned referral credits, such credits will be deducted automatically from the Account that was used for the eligible purchase.
Upon the return and/or exchange of products awarded through the redemption of referral creits, all redeemed referral credits will be forfeited.
e. Promotion.From time to time, the Company may advertise or offer exclusive offers to select Members to redeem referrals for items other than a discount reward, or receive other benefits or discounts. Promotional offers may vary and are subject to change without notice.
a. Confidential information.We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
b. Unsubscribe.By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
a. Acceptance.By participating in the Program, each Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.
b. Other Terms. These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
c. Abuse. Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.
d. Waiver. Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
e. Contact. If you have any questions about these #FeelAwesome Rewards Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: email@example.com
VIII. Returns, Replacements, Refunds, and Credits
If you are dissatisfied with an order for any reason, please contact us at firstname.lastname@example.org within seven (7) days of the date you received your order. Depending on the circumstances, we may, in our sole discretion, replace the order or item at our expense, provide you a full or partial refund of the purchase price for that order or item, or provide you with Credits for that order or item that will automatically be applied to future deliveries under your Subscription.
REFUNDS FOR DAMAGED PRODUCTS.
Project Juice will replace any product you can reasonably demonstrate was damaged during transit. If you received any damaged product, please email us at email@example.com.
PRODUCTS ARE SOLD “AS IS”.
ALL PRODUCTS ARE SOLD "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
PROJECT JUICE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OR OF OUR PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE OR OF OUR PRODUCTS.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT PROJECT JUICE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR ANY OTHER DAMAGES FROM YOUR USE OF THIS SITE OR OF OUR PRODUCTS.
PROFESSIONAL ADVICE DISCLAIMER
Project Juice does not provide medical or counseling advice. None of our services and nothing stated or posted on subzerosuperfoods.com is intended to be, and must not be taken to be, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes but is not limited to, diagnosis, prognosis, advice, psychiatry, psychology, psychotherapy or general health care treatment. Please seek the advice of your medical professionals as appropriate regarding the evaluation of any information, opinion or content on subzerosuperfoods.com
You agree to indemnify and hold Project Juice harmless from and against any and all claims, liabilities and damages (including, but not limited to, reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your use of the Site or (b) your or anyone else's use or consumption of any products that you purchased through this Site.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.
STATUTE OF LIMITATIONS.
YOU AND PROJECT JUICE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OF PROJECT JUICE’S PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms and your use of this Site and of our products shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
For any dispute you have with Project Juice, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that we cannot resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Site or our products by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
The arbitration will be conducted in San Francisco County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to Project Juice.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PROJECT JUICE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATING IN A CLASS ACTION.
You acknowledge that Project Juice is based in California and agree that the Site and our products do not give rise to personal jurisdiction, either specific or general, over Project Juice in jurisdictions other than California. You and Project Juice agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as described in the arbitration provision above.
If you have any questions, please do not hesitate to contact us at email@example.com.
These Terms were last updated in December 2017.