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Terms, Policies & Conditions
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND SMART PRESSED JUICE (“WE” OR “SMART PRESSED JUICE”), THE OWNER AND OPERATOR OF THE WWW.SMARTPRESSEDJUICE.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.
By purchasing Smart Pressed Juice, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is purchasing for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Smart Pressed Juice if your child breaches or disaffirms any term or condition of this Agreement.
1 – DISPUTES
1.1 – Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by calling our toll free number, 1-888-852-0048, or by writing to our customer service department at support@smartpressedjuice.com or Smart Pressed Juice, 15615 Alton Pkwy Suite 450 Irvine CA 92618. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this agreement (other than those related to Smart Pressed Juice's enforcement and protection of its name and/or intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in any section below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Smart Pressed Juice has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Smart Pressed Juice for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Orange County, California, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
1.2 – Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in Orange County, California. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
2 – PASSWORDS; USE OF SITE
2.1 – Passwords
You may utilize the functionality on the Site that allows you to log in to this Site by using your log in credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Log-in Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy) www.smartpressedjuice.com. Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Log-in Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Smart Pressed Juice if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions
Subject to your compliance with this Agreement, Smart Pressed Juice hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Smart Pressed Juice or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE
3.1 – Sales of Products and Memberships to End Users Only
Smart Pressed Juice sells dehydrated juice powders, fiber powders, and protein powders (the “Product(s)”) from the Site to end-user customers who purchase recurring orders (hereinafter “Memberships”) to receive the Products only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 – Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Smart Pressed Juice’s then-current pricing page located on the Site at: www.smartpressedjuice.com The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. Smart Pressed Juice reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
If auto-replenishment is selected during a promotion or with a promo code, no discount will be applied to future auto-replenishment orders. Certain promo codes may not be used on auto-replenishment orders. Only one promo code may be used per order.
3.3 – Refund/Return Policy
We stand fully behind our products. If you are not 100% satisfied, contact within 30 days of purchasesupport@smartpressedjuice.com to initiate the refund process. Our risk-free refund policy applies only to the first purchase of each product. We may ask that you share your valuable input, as to why you are requesting a refund, so that we may strive to make your customer experience better in the future. Click here our full return policy.
3.4 – Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy
Smart Pressed Juice accepts credit card payments only. You agree to pay all fees charged to your account based on Smart Pressed Juice’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership ("Subscribe and Save" purchases) to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Smart Pressed Juice or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Smart Pressed Juice reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US Dollars.
Smart Pressed Juice and Smart Pressed Juice’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Smart Pressed Juice and Smart Pressed Juice’s third party payment service provider at the election of your credit card issuer. Neither Smart Pressed Juice nor Smart Pressed Juice’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is Your responsibility to contact Your credit card issuer with regards to Your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER: Smart Pressed Juice will automatically renew your Membership on each anniversary date of the Membership and, as authorized by You during the Membership sign-up process, will charge your credit card with the applicable product charge(s) and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership payments. Each Membership renewal period is for the period of time selected at the time You signed up, which can be 30 days, 60 days, or 90 days. You may cancel your Membership at any time by logging on to your account within www.smartpressedjuice.com.
You will receive a notification by email and/or SMS message, depending on your contact preferences selected at checkout, 72 hours prior to the charge for your upcoming subscription shipment. To cancel your Membership, please login to your account on the Site and select the “manage subscriptions” link at the left of the page, then follow instructions towards cancellation. You can also cancel your Membership by emailing support@smartpressedjuice.com. All cancellation requests must be received 24 hours prior to the renewal date of your Membership - we cannot cancel an order after it has been processed for payment because the shipping process begins upon payment. If you have any problems, please email support@smartpressedjuice.com. Smart Pressed Juice requires a reasonable amount of time to process your Membership cancellation request.
3.5 – Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
4 – GIFT CARDS AND REBATES
4.1 - Gift Card Terms
These Smart Pressed Juice Gift Card Terms and Conditions (“Gift Card Terms”) are applicable in addition to the Terms, Policies & Conditions applicable to the www.smartpressedjuice.com website. These Gift Card Terms form a binding agreement between Smart Pressed Juice and you as the purchaser or user of gift cards (“Gift Cards”) from www.smartpressedjuice.com (the “Website”). If you do not agree to these Terms and Conditions, you should not purchase Gift Cards through the Website.
4.2 – Purchasing and Redemption
By purchasing Gift Cards on the Website, you agree to theseGift Card Terms as well as the Terms, Policies & Conditions on the Website.
You further certify and represent to Smart Pressed Juice that the activities in connection with which the Gift Cards will be used will comply with these Gift Card Terms and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Smart Pressed Juice, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Smart Pressed Juice-related entity.
A Website account is not required in order to purchase a Gift Card or redeem a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase.You may purchase Gift Cards for any value between $10 and $250 US dollars. The amount of the Gift Card you purchase shall be charged to your payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a pre-determined dollar amount is awarded with additional Website credits (“Smart Pressed Juice Credits”), these Smart Pressed Juice Credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances Smart Pressed Juice Credits shall be used after the exhaustion of Gift Cards.
Personal information that you provide in connection with the purchase or redemption of Gift Cards will be governed by the Smart Pressed Juice Privacy Policy.
Gift Cards may only be redeemed toward the purchase of eligible products on the Website. Redemption of Gift Cards on the Website is subject to change in Smart Pressed Juice’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s Smart Pressed Juice account (“Smart Pressed Juice Credits Balance Display”) when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by SMART PRESSED JUICE.
You may be able to obtain your gift card balance by contacting Smart Pressed Juice customer service at support@smartpressedjuice.com. The Gift Card balance relayed to you by a Smart Pressed Juice customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
Gift Cards never expire.
4.2 – Use and Limitations
Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and the District of Columbia. Gift cards may only be used on www.smartpressedjuice.com. Gift Cards cannot be used to purchase other gift cards.
Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Unused Gift Card balances in a Website account may not be transferred.
Gift Cards are not returnable or refundable for cash except in states where required by law.
Gift Cards may not be sold or bartered to third parties.
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Smart Pressed Juice’s prior written approval.
Use of Smart Pressed Juice’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Smart Pressed Juice Gift Cards is strictly prohibited. Furthermore, the use of Smart Pressed Juice Gift Cards in any manner that states or implies that any person, website, business, product ,or service is endorsed or sponsored by, or otherwise affiliated with, SMART PRESSED JUICE or any of its subsidiaries or affiliates is prohibited.
4.3 – Risk of Loss
If your Gift Card is lost or stolen, immediately contact customer service at support@smartpressedjuice.com. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Smart Pressed Juice and its affiliates shall have no liability to you for:
- lost or stolen Gift Cards; or
- use of any Gift Cards by third parties through your Website account. You are solely responsible for keeping the username and password for your Website account safe and for any activity conducted under your account.
4.4 – Gift Card Fraud
Smart Pressed Juice shall have the right to close member accounts, customer accounts, or any related account(s) if Smart Pressed Juice suspects a Gift Card is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above Smart Pressed Juice shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. Smart Pressed Juice may also cancel or remove any and all Smart Pressed Juice Credits on the member accounts and/or any related account(s). Smart Pressed Juice has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.
4.5 – Limitation of Liability
Smart Pressed Juice and its affiliates make no warranties, express or implied, with respect to gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Card code is non-functional, unless such non-functionality is due to the gift card being fully redeemed, your sole remedy, and our sole liability, shall be the replacement of such Gift Card 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.
4.6 – Indemnification
You agree to defend and indemnify Smart Pressed Juice and its subsidiaries, affiliates, its investors, officers, employees, agents, servants, assignees, and/or any other Smart Pressed Juice related entity from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or your violation of any of these Terms and Conditions.
4.7 – Governing Law
When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of California shall govern these Terms and Conditions, without regard to principles of conflict of laws.
4.8 – Disputes
Any dispute relating in any way to Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Orange County, California, and you consent to exclusive jurisdiction and venue in such courts.
4.9 – Issuer
Gift Cards are issued by Smart Pressed Juice, LLC, a Delaware corporation.
4.10 – Amendments
Smart Pressed Juice reserves the right to change or modify these Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Card that occur after the Modified Terms take effect. All terms and conditions contained in these Terms and Conditions are applicable to the extent permitted by law.
4.11 – Rebates or "CashBack" Rewards
Smart Pressed Juice will, from time to time, offer rebates, known as "CashBack Rewards" on eligible purchases. These rebates are redeemed in the form of a virtual Visa gift card or a Smart Pressed Juice Gift Card. Click here for more information on the terms and conditions of CashBack Rewards.
5 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Smart Pressed Juice or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Smart Pressed® is a trademark of Smart Pressed Juice in the United States. Other trademarks, including registered trademarks pertaining to Smart Pressed Juice products, names and/or logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Smart Pressed Juice, Copyright © 2020 Smart Pressed Juice. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
6 – THIRD PARTY SITES; INDEMNIFICATION
6.1 – Third Party Web Sites
The Site may provide links to third party Sites that are not owned or controlled by Smart Pressed Juice, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. Smart Pressed Juice does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.
6.2 – Indemnification
You hereby agree to defend, indemnify and hold each of the Smart Pressed Juice Parties (as defined in Section 6 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
7 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. SMART PRESSED JUICE, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “SMART PRESSED JUICE PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND SMART PRESSED JUICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMART PRESSED JUICE OR ANY PERSON ON BEHALF OF SMART PRESSED JUICE SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE SMART PRESSED JUICE PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY SMART PRESSED JUICE PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A SMART PRESSED JUICE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A SMART PRESSED JUICE PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT SMART PRESSED JUICE PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID SMART PRESSED JUICE FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY SMART PRESSED JUICE PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH SMART PRESSED JUICE PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9– CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
9.1 – Changes to the site
Smart Pressed Juice may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
9.2 – Personal Information/Privacy
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 3.1). Smart Pressed Juice reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Smart Pressed Juice uses a third party payment processing service to processing orders and bill fees to your credit card. Smart Pressed Juice’s Privacy Policy, located at the URL: www.smartpressedjuice.com (the “Privacy Policy”), explains how Customers’ personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.
10 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
10.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
10.2 – General Terms
Smart Pressed Juice may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Smart Pressed Juice’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, Smart Pressed Juice’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Smart Pressed Juice or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and Smart Pressed Juice regarding its subject matter. Smart Pressed Juice will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Smart Pressed Juice to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Smart Pressed Juice Party shall be a third party beneficiary hereunder. Smart Pressed Juice may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Smart Pressed Juice’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, or Products shall survive such termination.