Terms and Conditions of Use of the PressedJuicery.com Website
We welcome you to this Site and hope you will enjoy and benefit from it.
Access to the Site
Upon ordering and confirming your purchase, there are no refunds
offered. If you cancel your order, you must do so 48 hours in advance of the start
date you have chosen, and you will be credited the exact amount to be applied to
any future order. You may not cancel any orders less than 48 hours before
expected delivery. Additionally, upon confirmation, you have accepted and
agreed to the terms of purchase, including that the product you receive is
guaranteed fresh for exactly 3 days from the day you receive it. Other than the
foregoing, our sole liability and your exclusive remedy for product ordered through this
Site is for us to replace any product that you can reasonably demonstrate has been
broken or damaged during transit. To seek replacement of such broken or damaged
product, [you may contact us by sending an email with a subject matter indicating the
number of product bottles that have been broken or damaged during transit to email@example.com, and how we can contact you in order that we
can respond to your request either by telephone or email.
Our deliveries are shipped via Fed Ex overnight express and are expected to arrive by 11am depending on your location. However, shipping is out of the
control of Pressed Juicery and thus, your package could arrive later in the day. Pressed Juicery does not guarantee shipped orders arriving at any specific time.
The purchase of any products through this Site is also subject to any other
provisions stated in this Site or as indicated during the ordering process.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 7,
ALL PRODUCTS SOLD THROUGH THIS SITE ARE SOLD "AS IS" AND "AS
AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, BY US OF
ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.
WARNING: OUR PRODUCTS HAVE NOT BEEN PASTEURIZED AND,
THEREFORE, MAY CONTAIN HARMFUL BACTERIA THAT CAN CAUSE SERIOUS
ILLNESS IN CHILDREN, THE ELDERLY, AND PERSONS WITH WEAKENED
IMMUNE SYSTEMS. OUR PRODUCTS ARE ONLY GUARANTEED FRESH FOR 3
DAYS, AS THEY ARE NOT PASTEURIZED AND PACKED WITH PERISHABLE
NUTRIENTS AND ENZYMES. DO NOT CONSUME THE PRODUCTS AFTER 3
DAYS FROM THE DATE YOU HAVE RECEIVED THEM. ALSO, DO NOT CONSUME
THE PRODUCTS IF THE LIFT TAB AROUND THE LID OF THE BOTTLE HAS BEEN
BROKEN OR IT APPEARS THE PRODUCTS HAVE BEEN TAMPERED WITH IN
ANY WAY. THE PRODUCTS OFFERED THROUGH THE SITE ARE NOT INTENDED
NOR SHOULD THEY BE USED TO DIAGNOSE, TREAT, CURE, PREVENT, OR
MITIGATE ANY ILLNESS, DISEASE OR CONDITION OR AS A SUBSTITUTE FOR
PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. YOU SHOULD
CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH
QUESTIONS OR PROBLEMS YOU MAY HAVE BEFORE ORDERING ANY
PRODUCT FROM THIS SITE. MAKE SURE BEFORE USING ANY PRODUCT THAT
YOU OR ANY OTHER RESPONSIBLE INDIVIDUAL HEEDS THE
FOREGOING WARNINGS AND FOLLOWS THE FOREGOING INSTRUCTIONS AND
ANY OTHER INSTRUCTIONS INCLUDED WITH THE PRODUCTS. YOU ARE
SOLELY RESPONSIBLE FOR DETERMINING FOR WHOM THE PRODUCTS ARE
APPROPRIATE FOR USE AND CONSUMPTION.
Use of Content and Proprietary Notices
The content of this Site, including, but not limited to, text, design, photographic
images, video clips, illustrations, artwork, graphics, articles, reference information,
menus and all other protectable elements of this Site (collectively, the "Content")
remains the sole and exclusive property of us or the authors, as applicable, including all
copyright, trademarks and all other proprietary rights. You agree not to duplicate, or
otherwise extract any of the Content for any purpose other than for your own personal
use, unless otherwise authorized by us in writing. You also agree not to sell or modify
the Content, display, publicly perform, distribute or otherwise use any of the Content, in
whole or in part, for any public or commercial purposes without our prior written
All trademarks and service marks, including, but not limited to characters,
artwork, logos, identified on this Site are owned exclusively by us, unless otherwise
indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of
our trademarks or service marks without our prior written consent.
The Content may be updated and otherwise modified by us without notice. You
should keep looking at this Site to see if any of the Content has changed.
Neither we, nor any owners, administrators, contributors, website users or
authors are responsible for any liability arising from your use of or reliance on the
You agree not to or permit any other person to:
transmit, distribute or upload programs or material that contain malicious
code, including, but not limited to, viruses, time bombs, cancelbots, worms,
Trojan horses, Easter eggs, spyware, or other potentially harmful programs or
other materials or information;
send or enable the transmission of junk email, duplicative or unsolicited
messages, or so-called "spamming" or "phishing";
disrupt, impair, alter or otherwise interfere with the functions, features, or
Content or use of this Site;
violate any laws, regulations, judicial or governmental order, any treaties, or
violate or infringe upon any intellectual property rights, rights of publicity or
privacy, or any other rights of ours or of any third party;
gain unauthorized access to this Site;
sell, market or promote any product or service on or through this Site,
including, without limitation, copy, transfer or use any names, photos, links, text,
data or other content belonging to or posted by us for the purpose of selling,
engaging in, marketing or promoting any product or service; and/or
improperly display any TCP/IP packet header or part of the header
information in any email or other postings.
Even though all of the above materials and activities are strictly prohibited, there
is a small chance that you may become exposed to them while using the Site. If so,
neither we nor any of our officers, directors, employees, shareholders, advertisers or
corporate partners will in any way be responsible for any damages incurred or suffered
by any party or caused by any party arising out of or related to any such exposure.
Copyright Infringement Notification and Procedure
If you believe that this Site contains text, images, or other elements that infringe
your copyrights in your work, please follow these procedures.
All notifications of claimed copyright infringement related to this Site
should be sent only to our Designated Agent identified below. Note that the
Designated Agent may change from time to time, so you should check this Term of Use
before sending any notification to us.
Written notification must be submitted by email, fax or mail to the following Designated Agent:
13050 San Vicente Blvd, #120
Los Angeles, CA 90049
Name of Agent Designated to Receive Notification of Claimed Infringement:
Carly de Castro
Full Address of Designated Agent to Which Notification Should be Sent:
13050 San Vicente Blvd, #120
Los Angeles, CA 90049
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the
Notification of Claimed Infringement must include the following:
An electronic or physical signature of the copyright owner or of the person
authorized to act on behalf of the copyright owner of the copyrighted work(s);
Identification of the copyrighted work(s) that you or the copyright owner claim
has been infringed;
A description of the material that you or the copyright owner claim is
infringing, and the location where the original or an authorized copy of the
copyrighted work exists (for example, the URL of the page as to this Website
where it is lawfully posted;
A clear description of where the infringing material is located on our website,
including as applicable its URL, so that we can locate the material;
Your name, address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
All privacy related provisions as to this Site can be found here, and are
incorporated herein by reference.
Hyperlinks to Other Websites
You understand and agree that any hyperlinks to other websites that are suggested or
identified in this Site or advertisements of other parties' products or services are
provided to you for convenience purposes only and that we do not make any
representations or warranties regarding such websites, or the products or services
offered through such websites. We do not endorse, verify or otherwise have any
responsibility for any such websites, their business practices, or any goods or services
associated with such websites. We reserve the right in our sole discretion and without
notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate
any and all links from this Site to any third party site and/or (iii) terminate any third party
materials made available or accessible via this Site and remove any online posting
WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PRODUCTS
PURCHASED THROUGH THIS SITE. THE CONTENT OF THE 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 BY PHONE,
FAX, ELECTRONIC MAIL OR OTHER TRANSMISSION MEDIUM, 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.
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.
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 THE SITE, ANY CONTENT POSTED ON THE 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 THROUGH THIS SITE.
THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE,"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR
PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF NONINFRINGEMENT.
WE DO 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. 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.
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 PRESSED JUICERY, LLC) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND
AGREE THAT THIS SITE, PRESSED JUICERY, LLC, 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
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).
Dispute Resolution; Arbitration Agreement; and Class Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Both you and we waive the right to bring any controversy, claim, or dispute arising out of or relating in any way to your use of the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this Paragraph 10 shall be null and void.
In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail, a written Notice of claim (“Notice”). If you are the claimant, the Notice to us must be addressed to: Legal Department - Dispute Resolution, Pressed Juicery, LLC, 1550 17th Street, Santa Monica, CA 90404. If we are the claimant, the Notice must be addressed to the address used for your membership account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.
During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator.
The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 800.778.7879
If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US$10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations (in which the parties submit their arguments and evidence to the arbitrator in writing and the arbitrator makes an award based only on the documents), the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated, notwithstanding the above prohibition, and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
You agree to indemnify and hold us 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 your or anyone
else's use or consumption of any products that you purchased through the Site in
State of California without giving effect to any choice of law or conflict provision or rule
(whether of the State of California or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than the State of California. Any and all
any products sold through this Site will be exclusively heard in the state or federal
courts located in Los Angeles County, California, United States of America, and you
hereby consent and submit to the personal jurisdiction of such courts.
You may not use or export or re-export the Content at or on this Site or any copy
or adaptation thereof in violation of any applicable laws or regulations including without
limitation U.S. export laws and regulations.
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
including the privacy provisions, state the entire agreement between the parties relating
other provisions stated in or through this Site may be amended at any time by us
either: by their terms state, or evidence the intent of the parties, that the provisions
There is no agency, partnership, joint venture, employee-employer or franchisorfranchisee
relationship between you and us or between us and any other user of the
YOU AND PRESSED JUICERY, LLC AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT FORTH
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.