Welcome to the Pressed Vibrance website (the “Website”). Please review the following basic terms that govern your use of and purchase of products from our Website. Please note that your use of our Website constitutes your agreement to follow and be bound by those terms (the “Agreement”). This Agreement is entered into between you (“you”) and Pressed Vibrance LLC (“Company”). COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES FOLLOWING ANY SUCH NOTICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE.

  1. Your Acceptance 

Pressed Vibrance LLC (hereinafter the “Company”, “we” or “us”) owns and operates a Website  (www.pressedvibrance.com) that markets and sells juices, cleanses, wholesome foods, and other products made available on the Website (collectively, the “Products” and each a “Product”) that links to these  “Terms of Use”. These Terms of Use constitute a binding agreement between Company and you, governing your use and participation in the Website. By using the Website, you signify your assent to both these Terms of Use and the Company’s “Privacy Policy”, which is incorporated herein. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. These Terms of Use may be updated by us from time to time without notice to you. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

  1. Website Access

Company hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your or your company’s use; (ii) you will not copy or distribute any part of the Website in any medium without Company’s prior written authorization; (iii) you will not transfer, sublicense, lease, lend, rent or otherwise distribute the Website to any third party; (iv) you will not reverse-engineer, decompile or create derivative works of the Website; (v) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (vi) you will otherwise comply with the terms and conditions of these Terms of Use.

These Terms of Use apply to all users of the Website. You may access the services of the Website by creating an account with Company or purchasing a Product as a guest to the Website. You are not allowed to use another user’s account without permission. If you create an account or purchase a Product as a guest to the Website, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account information. In addition, you agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

By using the services of the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the account registration or checkout order form. If any of your information changes, you agree to update your information as soon as possible. If Company suspects that your registration or order form information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account or use of the Website may be subject to suspension or termination, and you may be barred from using the Website in Company’s sole discretion.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

You agree not to collect or use any personally identifiable information (“Personal Information“) including, without limitation, account names, email addresses, contact information, credit card information or any other content contributed by a user of the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

  1. Messaging

As part of the services we provide, you may receive emails or other types of notifications directly sent to you from the Website (the “Subscriber Emails”). Subscriber Emails will update you on incoming Products, industry news, promotions, discounts and third party offers. You have control over Subscriber Email settings and can opt in or out of Subscriber Emails through the Website. We have no intention of ever spamming you with unwanted messages or emails, and, as noted above, you are not required to provide this consent as a condition to using the Website and may opt out of Subscriber Emails at any time.

  1. Company Content and Marks

The name, text, features, logos, graphics, designs, photos and other materials displayed on the Website and in connection with our services constitute trademarks, tradenames, service marks, and logos (collectively, the “Marks“), that are owned or licensed by Company or other third parties, and subject to intellectual property rights under United States and foreign laws, and international conventions.

The content on the Website (the “Company Content”), including without limitation, the text, information, databases, designs, photos, graphics, images, software, code, sound, and newsletters are copyrighted and owned by us and/or third party licensors under United States and international copyright laws, and subject to intellectual property and proprietary rights and laws.

The Marks and Company Content on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Company or as expressly provided herein. Company reserves all rights not expressly granted in and to the Website, the Company Content and the Marks contained therein.

  1. Rules of Conduct

The following rules of conduct apply to your use of the Website.

You may not, in connection with the Website:

  • Upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Website, or interfere with the access of any user to the Website;
  • send to any third party any unsolicited communication or message, including without limitation through posts, messages or email, in connection with or related in any way to the Website;
  • infringe or violate any patent, copyright, trademark, trade secret or other property right;
  • breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • conduct actions that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • conduct any violation  of any person’s privacy or publicity rights,  misrepresentation of facts, or hate speech;
  • violate or encourage others to violate any applicable law, statute, ordinance or regulation;
  • promote software or services that deliver unsolicited e-mail or that contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; and
  • conduct any activity in regards to the services of the Website that would violate state or federal laws or regulations.

You may not, except with Company’s express advance authorization, use the Website to:

  • harm minors in any way;
  • solicit personal information from anyone under 18;
  • provide false or deceptive information;
  • delete, add or otherwise change user information and/or the Company Content when you have not been granted the privileges to do so; or
  • allow usage by others in such a way as to violate Company’s Terms of Use or Privacy Policy.
  1. Delivery Policy

If you live in the Chicago, Lake Forest or local delivery zones, Company shall deliver your Product order (each an “Order”) between 10:00am and 8:00pm by its own Company delivery services. If you live in a building with a receptionist, front desk employee or doorman, your Order will be left with him or her, and we will request that you are called. For all other residences, we recommend that an individual is available to accept the delivery. If no one is available to accept the delivery the driver will leave the Order in a place that a) you specify in the notes of the Order or b) at your front door or another place at the delivery address at the discretion of the delivery driver. In either case, you assume full responsibility for an unattended delivery.  As a courtesy, we will immediately attempt to notify you of the delivery at the phone number and/or email address specified in the Order (and we will mention where the delivery was left, if no special delivery instructions were provided in the Order).

Products containing juice are delivered chilled, but need to be refrigerated as soon as possible in order to stay fresh. Your Order is not left in a cooler or with ice packs once it is delivered to the address you provided, however Company may provide a Company owned cooler in its sole discretion if the Order is not personally delivered to you or an individual on your behalf. Such coolers must be returned to the Company in its same condition within seven (7) days of the delivery.  Loss or damage to any cooler provided by the Company will result in a replacement fee added to your invoice. Please note that Products left outside and exposed to heat or direct sunlight may accelerate spoilage (particularly on warm/hot summer days). Products containing juice have a shelf life of five (5) days and should be consumed within such time of delivery.

You agree that you are responsible for making sure all Pathways are properly lit and cleared of any obstructions, including but not limited to ice, snow, trash cans, and any other objects or weather conditions that may cause any liability, harm or damage to any individual delivering such Order on behalf of Company (an “Obstruction”). Pathways” shall mean any and all sidewalks, walkways, footpaths, pavement, concrete or any other path on your property that an individual may need to use in order to deliver your Order on behalf of Company.

You agree that you are solely liable and will indemnify Company for any liability, damage or harm that occurs on your property as a result of any Obstruction while an individual is delivering or attempting to deliver an Order. 

If you live outside of Illinois, we will ship your Order through UPS Priority, which has an estimated arrival time of 10:00am unless otherwise determined by UPS as a result of a delay. You can expect an email from UPS the night before your scheduled delivery date with a tracking number. Company packs its Products in insulated liners with ice packs prior to shipment by UPS Priority to ensure the Products stay cold. Company strongly encourages you to immediately place any Product in the refrigerator upon the day of deliver and to start any cleanse on the same day of delivery. (Company Products have a shelf life of five (5) days and should be consumed within such time of delivery). If UPS attempts to make a delivery and it is unsuccessful, it is your responsibility to arrange same-day pickup with UPS.

You agree NOT to hold Company, nor its representatives, affiliates, subsidiaries, employees and owners, responsible for any lost or stolen Product(s) once it has been delivered (this includes a mistyped delivery address as Company delivers to the address you provide in your Order). Company is not responsible for spoiled Product as a result of improper handling or neglect such as an unclaimed delivery. While Company will use its best efforts to contact you, if Company is unable to personally deliver to you (by phone number or via email), it is your responsibility to claim the delivery once it has been made. No refunds will be offered under any circumstances for any of the aforementioned reasons, for refusing delivery or for UPS delays. All sales are final. 

  1. Payment & Final Sales

You must provide valid credit card information to Company prior to placing an Order or using the Website. Upon placing an Order through the Website your credit card will be charged. Your purchase price will include a delivery fee. The delivery fee will be calculated by factoring in the distance traveled to deliver the Products to the provided destination from Company’s location and the amount of Product delivered. UPS sets its own delivery charges in its sole discretion. If you have any questions regarding the delivery fees please email eric@pressedvibrance.com. All Orders are final and non-refundable.

  1. Indemnity

You agree to defend, indemnify and hold harmless Company, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, retailer, or operator of Company, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of any term of the Terms of Use, Privacy Policy and/or Order; or (iii) any claim that an action or purchase you conducted caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  1. Force Majeure

Company is not and will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of Company, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, fraud, and theft (each, a “Force Majeure Event”).

  1. Assignment

These Terms of Use, and any rights granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Company without restriction.

  1. Disclaimer

PROFESSIONAL ADVICE DISCLAIMER

COMPANY DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.

OTHER DISCLAIMERS

STATEMENTS MADE AND PRODUCTS SOLD THROUGH THE WEBSITE ARE NOT INTENDED TO TREAT, CURE OR PREVENT ANY DISEASE. ALWAYS CONSULT A HEALTHCARE PROFESSIONAL BEFORE PARTICIPATING IN ANY CLEANSE OR BEFORE STARTING ANY EXERCISE, FAST, DIET, NUTRITION, LIFESTYLE, OR OTHER HEALTH-RELATED PROGRAM, INCLUDING ANY DESCRIBED HEREIN.

IN NO EVENT SHALL COMPANY, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, RETAILER, MANUFACTURER, VENDOR, SUPPLIER, AGENT, RESELLER, OWNER OR OPERATOR OF COMPANY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF THE SERVICES PROVIDED HEREIN EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Ability to Accept Terms of Use

You affirm that you are more than eighteen (18) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

  1. General

These Terms of Use supersede all prior understanding regarding the same and represent the complete agreement between you and Company. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice.  It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website or Products must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  1. Governing Law

This Terms of Use and your use of this Website are governed by the laws of the State of Illinois without giving effect to any choice of law or conflict provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois. Any and all disputes, claims or actions arising out of this Agreement or your use of the Website or any Products sold through the Website will be exclusively heard in the state or federal courts located in the City of Chicago, State of Illinois, and you hereby consent and submit to the personal jurisdiction of such courts.

EFFECTIVE DATE

May 2017

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