These Terms are a binding contract between you and NAKED JUICE, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and NAKED JUICE regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms. NAKED JUICE may revise these Terms at any time by updating this posting. Your access or use of the Site after such changes constitute your agreement to such revisions. You should therefore periodically visit this page to review the Terms to which you are bound.
You and NAKED JUICE agree that any controversy or claim arising out of or relating to the Site or these Terms and/or the Privacy Policy shall be settled exclusively by binding arbitration in the location of your residence or otherwise in Illinois, or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS, subject to the JAMS Consumer Arbitration Minimum Standards (“JAMS Rules and Procedures”), unless any such rules are inapplicable to the dispute by their terms or otherwise inconsistent with these Terms. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Notwithstanding the foregoing, you may assert your claims in small claims court at the location of your residence or otherwise Illinois in accordance with these Terms if your claims satisfy the jurisdictional requirements of such small claims court, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act shall govern the enforceability, interpretation and effect of terms set forth in this provision. Otherwise, the arbitrator shall apply Illinois law or applicable federal law consistent with applicable statutes of limitations, and shall honor claims of privilege recognized at law. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and Procedures and fee schedule, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules and Procedures. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor NAKED JUICE shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL NOT BE IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Without in any way limiting the foregoing, you and NAKED JUICE agree that any individual arbitration commenced by you or by NAKED JUICE may be consolidated with any other individual arbitration(s) pending before JAMS in accordance with JAMS Comprehensive Rule 6(e), provided that either party makes such request.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Content on this Site that is provided by NAKED JUICE or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Content") is the property of NAKED JUICE and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, copy, distribute, publish, reproduce, upload, post, or transmit any Content, in any form or by any means. You shall not use the Content on websites other than this Site or for any other commercial purpose, in connection with products or services that are not those of NAKED JUICE, in any other manner that is likely to cause confusion among consumers, that disparages or discredits NAKED JUICE and/or its licensors, that dilutes the strength of NAKED JUICE’s or its licensor's property, or that otherwise infringes NAKED JUICE’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or any content belonging to third parties that appears on this Site.
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users or otherwise attempt to gain unauthorized access to the Site or its Content; (d) you will not use the Site for any commercial purpose not expressly approved by NAKED JUICE in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
All concepts, suggestions, ideas, or other recommendations and any other content or information that you submit through this Site in any format (“Submissions”) becomes and remains our property, and NAKED JUICE may use Submissions in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. You represent and warrant that you have all the necessary rights in the Submissions you provide to grant all the rights herein. You understand and agree that you have no ownership rights in Submissions you provide to us, to any account you may have with us, or other access to the Site or features therein. NAKED JUICE may cancel your account and delete all Submissions associated with your account at any time, and without notice.
You agree and warrant that you shall not submit any Submission:
You agree to indemnify and hold NAKED JUICE (and its parents, subsidiaries, and their respective affiliates, officers, directors, agents, joint ventures, employees and third-party service providers), harmless from and against all claims, demands, expenses and damages including reasonable attorneys' fees, arising out of or related to your violation of these Terms, including without limitation, any breach of your representations and warranties set forth above.
We hope you enjoy the information and materials on our Site. We’re glad when you link to them or post them on your social media accounts, but only for your personal use. For clarity, you are not permitted to post or upload any of our Content for your commercial, business, or non-personal use.
Information accessible on this Site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is often in the best position to evaluate whether any diet or exercise program is best for you. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
NAKED JUICE makes no representations about the reliability of the features of this Site, the Content, or any other content by third parties, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. NAKED JUICE makes no representations regarding the amount of time that any Content or other materials or information on the Site will be preserved.
NAKED JUICE does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any content provided by any third party. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by NAKED JUICE without the prior review and written approval of NAKED JUICE. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NAKED JUICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL NAKED JUICE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND NAKED JUICE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL NAKED JUICE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF NAKED JUICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF NAKED JUICE’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
NAKED JUICE controls and operates its Sites from the company's headquarters in Chicago, Illinois, in the United States of America. We in no way imply that the materials on the Sites are appropriate or available for use outside of the United States.
NAKED JUICE respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, the Digital Millennium Copyright Act (the "Act"), NAKED JUICE has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you are an intellectual property rights holder and believe your rights have been infringed, to file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see the Act to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
NAKED JUICE Foods Company
433 W Van Buren StChicago, IL 60607
Attn: Chief Counsel, Trademarks and Copyrights
Please keep in mind that under the Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Contests, sweepstakes and other similar promotions provided by or on behalf of NAKED JUICE (“NAKED JUICE Promotions”) may be subject to Official Rules and/or conditions that are separate from these Terms, which may include details governing eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any NAKED JUICE Promotion, please first review the applicable Official Rules and any additional terms that may apply. In the event of a conflict between such Official Rules and these Terms, the provisions contained in the applicable Official Rules shall govern and control the NAKED JUICE Promotion.
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
NAKED JUICE may terminate or suspend these Terms and/or your access to the Site at any time and without notice to you if, in its sole judgment, you breach any term or condition of these Terms. For clarity, NAKED JUICE is entitled to terminate or suspend all or any part of the Site at any time, or your access to all or part of the Sites, without notice to you for any reason.
This Site may hyperlink to sites not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or NAKED JUICE, and NAKED JUICE makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and NAKED JUICE has no control over how your information is collected, used, or otherwise handled.
These Terms, shall be governed by, and interpreted according to the internal laws of the State of Illinois (without applying conflicts of law principles). Subject to the binding arbitration provisions above, by using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Chicago. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
If any provision of these Terms are unlawful, void, or unenforceable, then that provision shall be deemed severable from these terms of use and will not affect the validity and enforceability of any remaining provisions. On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices. Both you and NAKED JUICE acknowledge and agree that no partnership is formed and neither of you nor NAKED JUICE has the power or the authority to obligate or bind the other.
The failure of NAKED JUICE to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of NAKED JUICE, shall not be deemed a breach of these Terms.
If NAKED JUICE fails to act with respect to your breach or anyone else's breach on any occasion, NAKED JUICE is not waiving its right to act with respect to future or similar breaches.
© 2021 The NAKED JUICE Company. All rights reserved.
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