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Terms and Conditions

Please read carefully. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.  If You do not agree with any of these Terms and Conditions of Use, do not use this site.  The Juice Punk Inc. reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice.  We encourage you to review these Terms and Conditions of Use whenever you visit this Site.  Materials contained within this Site are intended for The Juice Punk Inc. customers. All customers are required to be over 18 years of age.

 

1. License: When You, the user ("You"), use the Site, The Juice Punk Inc. grants a limited revocable license to You to use the Site solely on behalf of Yourself, Your organization or company for personal, non-commercial use and solely in compliance with these Terms and Conditions of Use.  This license expressly prohibits You, without limitation, from reselling the Site or any portion thereof or the services offered by The Juice Punk Inc., making any derivative work of the Site, collecting or using e-mail addresses or other information, ratings or listings, or extracting or mining any data whatsoever.  You may use this Site for legitimate informational and shopping purposes only.  You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or stopping the its functionality.

2. Registration and Password: In the event that you register and/or purchase product through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide any information that is untrue, inaccurate, not current or incomplete, or The Juice Punk Inc. suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, The Juice Punk Inc., in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Site by You. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify The Juice Punk Inc. of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session.  The Juice Punk Inc. will not be liable for any loss or damage arising from Your failure to comply with this paragraph.

3. Links to Other Sites: References on this Site to any name, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any constitute or way imply an endorsement, sponsorship or recommendation by The Juice Punk Inc. regarding the third party information, product or service. These sites are maintained by third parties over whom The Juice Punk Inc. exercises no control. The Juice Punk Inc. has not reviewed all sites linked to this Site and The Juice Punk Inc. expressly disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web sites. If You decide to link to any such third party site, You do so at Your own risk.

4. Statements Made in Describing Goods: The Juice Punk Inc. does not warrant that the web site of the materials contained therein will be accurate, reliable or error-free, that defects will be corrected, or that the site, or the server that makes it available, is free of viruses or other harmful components.  The Juice Punk Inc. cannot be held responsible for errors and omissions in any catalogue, product advertising material, or site, any glossaries contained within the web site, or any supplemental material.  Material on the site also may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; The Juice Punk Inc. will not be liable or responsible for any such inaccuracies, errors, changes, or updates. The Juice Punk Inc. in its sole discretion may add, delete, or change some or all services offered via the web site at any time.

5. Security and Personal Data: The myjuicepunk.com Privacy Policy governs the use of any personal information that you agreed to provide to The Juice Punk Inc. on this website.  The Juice Punk Inc. may modify or amend the Privacy Policy at anytime as provided in the Privacy Policy. 

 

The myjuicepunk.com website is not intended for minor children.

6. Your Representations & Indemnification Obligation:
You expressly represent and warrant to The Juice Punk Inc. that You will use this Site, and any products purchased from The Juice Punk Inc., in accordance with all applicable local, state, national and international laws, and in accordance with these Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless The Juice Punk Inc., its subsidiaries, affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) Your use of the Site; or (b) any breach by You of these Terms and Conditions of Use.  You hereby waive and release The Juice Punk Inc. from all rights of contribution or indemnity to which You otherwise may be entitled.  The Juice Punk Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with The Juice Punk Inc. in asserting any available defenses.

7. Disclaimer of Warranties:
This site is provided on an “as is” and “as available” basis.  Use of the site is entirely at your own risk.  The Juice Punk Inc. expressly disclaims all representations and warranties of any kind, either express or implied, regarding the operation of the site or the information, content, materials, merchandise, or products included or displayed on this site or any products offered or available through the site or catalogue, except as set forth below.  To the full extent permissible by applicable law, The Juice Punk Inc. disclaims all warranties, express or implied, including, but no limited to, implied warranties of merchantability and fitness for a particular purpose.  You acknowledge, by your use of the The Juice Punk Inc. Web site, that your use of the site is at your sole risk.  This disclaimer does not apply to any product warranty offered by the manufacturer of the item.  This disclaimer constitutes an essential part of this agreement. 


8. Pricing: While The Juice Punk Inc. strives to provide accurate product and pricing information, pricing or typographical errors may occur.  The Juice Punk Inc. cannot confirm the price of an item until after You order.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, The Juice Punk Inc. shall have the right, in its sole discretion to refuse or cancel any orders placed for that item.  In the event that an item is wrongly priced, The Juice Punk Inc. may, at its discretion, either contact You with instructions or cancel Your order and notify You of such cancellation.  Prices and availability are subject to change without notice. 


9. Acceptance: Please note that there may be certain orders that The Juice Punk Inc. is unable to accept and must cancel.  The Juice Punk Inc. reserves the right, at its sole discretion, to refuse or cancel any order for any reason.  Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or error in product origin information, or problems identified as part of credit and fraud avoidance.  The Juice Punk Inc. may also require additional verification or information before accepting any order.  The Juice Punk Inc. will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order.  If Your order is canceled after Your credit card has been charged, The Juice Punk Inc. will issue a refund to Your credit card in the amount of the charge.  The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.  The Juice Punk Inc. reserves the right, without prior notification, to refuse service to any customer.

10. Quantity Limits and Dealer Sales: The Juice Punk Inc. reserves the right to limit the quantity of items purchased per person, per household, or per order.  These restrictions may be applicable to orders placed by the same The Juice Punk Inc. account, the same credit card, and also to orders that use the same billing and/or shipping address.  The Juice Punk Inc. will provide notification to the customer’s e-mail and/or billing address should such limits be applied.  The Juice Punk Inc. also reserves the right to prohibit sales to dealers.

11. Sales Tax: The Juice Punk Inc. operates in Canada. Current law requires The Juice Punk Inc. to collect all provincial and government taxes that are applicable, based on the order's "ship to" address. All applicable taxes will be clearly displayed on Your order at order completion time. NOTE: Tax rates are subject to change at any time.

12. Limitation of Liability:
Neither The Juice Punk Inc. nor its subsidiaries, affiliates nor any of their respective employees, agents, directors, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, or assigns will be liable for any indirect, incidental, special, punitive, or consequential damages arising directly or indirectly from any use of the site or the catalogue, the inability to use this site, the information contained on the site of the catalogue, products available or purchased through the site or the catalogue, or transactions conducted at the site or arising from the catalogue, even if The Juice Punk Inc. has been advised of the possibility of such damages or losses because some states/provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.  In no event shall the total liability of The Juice Punk Inc. or its affiliates arising directly or indirectly from this site or any products available or purchased through the site or the catalogue exceed the lesser of the amount paid by you to The Juice Punk Inc. for any single relevant product at issue of one thousand dollars ($1,000.00).  You hereby acknowledge that all of the provisions of this section will apply to all use of the site or the catalogue, the information contained on the site or the catalogue, products available or purchased through the site of the catalogue, and transactions conducted at the site or arising from the catalogue.

13. Intellectual Property Rights: All materials contained in the Site, including without limitation all images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by The Juice Punk Inc., its affiliates or are owned by third parties and appear in the Site with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to Canada and United States copyright, patent, trade secret, trade dress and trademark law, as well as other provincial, state, national, and international laws and regulations. The Juice Punk Inc. and its affiliates and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Site does not confer any license under any of The Juice Punk Inc.’s or any third party's intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of The Juice Punk Inc. and is also protected by Canadian, United States, and international copyright law. You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that The Juice Punk Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

14. Communications on Internet; Events Beyond The Juice Punk Inc.’s Control: Use of the Internet is solely at Your own risk and is subject to all applicable local, provincial, national, and international laws and regulations.  While The Juice Punk Inc. has endeavored to create a secure and reliable Site, The Juice Punk Inc. and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Site, or the consequences of any reliance by You on such information.  You must make Your own determination as to these matters.  The Juice Punk Inc. cannot guarantee that You will be able to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can The Juice Punk Inc. provide assurances that transactions will be completed properly.  The Juice Punk Inc. is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays).  The Juice Punk Inc. and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.

15. Security of Site: You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for Your use or logging onto a server or an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding," "spamming," “mail-bombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.  Actual or attempted unauthorized use of the Site or violations of system or network security may result in criminal and/or civil prosecution.  For Your protection, The Juice Punk Inc. reserves the right to view, monitor, and record activity on the Site without notice and without permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.  In addition, The Juice Punk Inc. will comply with all court orders involving requests for such information.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.  You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Stone Anchor Inc. on this Site or from generally available third party web browsers.

16. Governing Law: This Site (excluding any links) is owned and controlled by The Juice Punk Inc. from its offices within the province of Ontario, Canada. Although this Site can be accessed from other locations, by accessing this Site, You agree that the statutes and laws of the province of Ontario, without regard to conflict of laws, will apply to all matters relating to use of this Site.  In addition, any action or proceeding arising out of or related to these Terms and Conditions of Use or Your use of this Site may be brought only in the province of Ontario, Canada and You agree to and consent to the exclusive personal jurisdiction and venue of the courts in the Province of Ontario, Canada.  You are responsible for Your own compliance with local laws regarding Internet use and access.

17. Notices: Any notices shall be sent by e-mail to thejuicepunk@gmail.com (in the case of The Juice Punk Inc.) or to the e-mail address that You provide to The Juice Punk Inc. or such other address as either party shall specify.  Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.  Alternatively, The Juice Punk Inc. may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Juice Punk Inc. during the registration process.  

 

18. Construction: The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Use, and no construction or inference shall be derived there from.  These Terms and Conditions of Use will not be construed for or against either party based on the draftsmanship thereof.  No other provisions or changes are binding upon The Juice Punk Inc. unless reduced to writing and signed by an authorized The Juice Punk Inc. representative.  If any provision of the Terms and Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms and Conditions and the application of that provision in other situations shall not be affected.

19. Termination: These Terms and Conditions of Use constitute an agreement that is effective until terminated by The Juice Punk Inc. at any time without notice.  The Juice Punk Inc. may terminate Your right to use this Site immediately without notice to You if, in The Juice Punk Inc.’s sole discretion, You violate or fail to comply with any of these Terms and Conditions of Use.  In the event of termination, You will no longer be authorized to access this Site.  The restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liability set forth in the Terms and Conditions of Use, shall survive the termination of these Terms and Conditions of Use.  You may terminate these Terms and Conditions of Use at any time, provided that You discontinue any further use of this Site.

20. Miscellaneous: These Terms and Conditions of Use constitute the entire agreement between You and The Juice Punk Inc. relating to the subject matter addressed herein.  If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by The Juice Punk Inc. at any time on without prior notice, by posting such changes at the Site. Modifications required by law or designated by The Juice Punk Inc. will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed Your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of The Juice Punk Inc. to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit The Juice Punk Inc.’s rights with respect to such breach or any subsequent breaches.