Terms and Conditions of Use of Website
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. These terms and conditions ("Terms and Conditions of Use") govern your ("User" or "Your") use of juju organics, LLC's (the "Company") website (the "Website"). These Terms and Conditions of Use are subject to change by the Company at any time in its discretion. Your use of the Website after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions of Use regularly.
1. Permitted Use.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Website solely for User's personal educational, informational, and entertainment use. User will not use the Website for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
2. Proprietary Information.
User acknowledges and agrees that the content accessible within the Website is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
The entire content in this site, including the text, graphics and code, is copyrighted as a collective work under the United States and other copyright laws and is the property of the Company. The collective work includes works that are licensed to the Company. All trademarks, service marks and trade names of the Company used in this site are marks or registered marks of the Company.
3. Disclaimer.
User will have access to a variety of sources of content on this Website. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.
The Company expressly disclaims any and all warranties with respect to any Content accessible within or through the Website, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
4. Limitation on Liability.
The Company, its Licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.
5. Indemnity.
User will indemnify and hold the Company, its Licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions of Use by User, including any use of Content other than as expressly authorized in these Terms and Conditions of Use. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Website.
These Terms and Conditions of Use were last updated on November 20, 2009.
AGREEMENT REGARDING TERMS AND CONDITIONS OF PURCHASE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE OR PURCHASING ANY ITEMS FROM THIS WEBSITE.
This Agreement Regarding Terms and Conditions of Purchase ("Terms and Conditions of Purchase") contains the terms and conditions that apply to your purchase(s) of any products ("Products") on or through juju organics, LLC's (the "Company") Website. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you. This contract was last revised on November 20, 2009.
By placing an order you acknowledge that you have read, accepted and agreed to be bound by the Terms and Conditions of Purchase and to comply with all applicable laws and regulations including U.S. export and re-export control laws and regulations. These Terms and Conditions of Purchase apply unless you have signed a separate purchase agreement with the Company that specifically modifies these Terms and Conditions of Purchase. These Terms and Conditions of Purchase are subject to modification without prior written notice at any time in the Company's sole discretion.
Unless an individual Product description specifies that a Product is FDA approved, the Products listed for sale on this website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or affect the structure or function of the body.
1. Price and Payment Terms.
Your total price for the Products will be stated on your purchase receipt, which will be sent to your by email and will be displayed after purchase for printing or saving. Terms of payment are within the Company's sole discretion and, unless otherwise agreed to by the Company, payment must be received by the Company from its credit card processor prior to the Company's acceptance of an order. Payment for the products and services and support must be made by credit card (Visa or MasterCard), debit card (issued by Visa or MasterCard) or some other prearranged payment method. Orders are not binding upon the Company until accepted by the Company via an email to you from the Company. The Company reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the Products is a mistake. In the event a Product is not available, the Company will contact the customer and offer an opportunity to purchase a similar product or issue a refund to the customer. Prices advertised do not include shipping (unless subject to a specific promotion posted on the Company's website and/or displayed on your receipt) or applicable sales taxes, which will be added to the price you pay, unless you provide the Company with a valid and correct tax exemption certificate.
2. Shipping and Title.
All Products are shipped by United Parcel Service (UPS) via ground delivery. Packages usually arrive in the continental United States within 3-5 business days after they are ordered. The Company personally packages the Products in a safe manner using packaging that is recycled and/or made with recycled materials. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. The costs of shipping , if any, will be shown on your purchase receipt.
If you would like to receive the Products more quickly, if there is a specific timeline for which UPS ground delivery is inappropriate, or if you live outside of the continental United States, please contact the Company by clicking on the CONTACT PAGE (or emailing us at
) and we will work with you to meet your delivery needs.
At the present time, we are offering free UPS ground delivery of any order of Products totaling at least $100.00, exclusive of sales tax. In the event you choose another shipping option on such an order, you will be responsible for shipping costs in excess of the ordinary UPS ground delivery fee.
3. Inspection of Products upon Receipt.
You must examine the Products when you receive them. If any item is damaged or missing, you must notify the Company in writing (by email or letter) within fourteen (14) days of delivery. The Company will not consider any claim for damaged or missing items more than fourteen (14) days from the date of delivery. The Company's physical address for receipt of regular mail is juju organics, LLC, 713 S. 4th St., Philadelphia, PA 19147.
4. Products.
The Company may revise and discontinue selling Products at any time. In the event the exact Product you ordered is unavailable, the Company will work with you to find a Product that has the functionality and performance of the Product you ordered. Any difference in price between the ordered Product and replacement Product will be charged to or deducted from your credit card, as appropriate, after receiving your approval. If we cannot find such a replacement Product to ship to you, we will refund your credit card.
5. Warranties.
This warranty gives you specific legal rights. You may also have other rights that vary from state to state. The limited warranties applicable to the Products, if any, are included in the documentation along with the Products. The Company makes no express warranties except those stated in this section. Any such warranties will be effective, and the Company will be obligated to honor any such warranties, only upon the Company's receipt of payment in full for the item to be warranted. The Company disclaims all other warranties, express or implied, including, without limitation, warranties of quiet enjoyment and non-infringement, merchantability for computer programs and implied warranties of merchantability, fitness for a particular purpose and informational content. The Company's responsibility for warranty claims is limited to the manufacturer's warranty in effect on the date of the invoice. The Company reserves the right to modify its warranty at any time, in its sole discretion. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.
6. Limitation of Liability.
The Company shall have no liability whatsoever that results from the use of or inability to use the Products purchased through this Website beyond the remedies set forth herein, including, without limitation, consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies to any purchase under this agreement. In no event shall the total aggregate liability for the Company exceed the amounts paid by you for the Products. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Return Policies and Exchanges.
If you bought Products directly from the Company, you may return them to the Company up to thirty (30) days from the date of purchase for a complete refund of the purchase price so long as at least two-thirds of the Product remains in its container. To return Products, you must send an email (
) or letter to juju organics, LLC, 713 S. 4th St., Philadelphia, PA 19147 and obtain a Return Authorization Number. After the Company provides you with a Return Authorization Number, you must ship the Products to the Company in their original or other suitable packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. After the Company receives the undamaged returned Product and verifies that at least two-thirds of the Product remains in its container, a refund will be made to the credit card or other such account used for purchase.
From time to time, the Company may, in its sole discretion, exchange Products. Any exchanges will be made in accordance with the Company's exchange policies in effect on the date of the exchange.
8. Entire Agreement.
These Terms and Conditions of Purchase set forth the entire agreement of the parties with respect to the subject matter hereof. These Terms and Conditions of Purchase may not be altered, supplemented, or amended by the use of any other document. Any attempt to alter, supplement or amend these Terms and Conditions of Purchase or to enter an order for Products subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and the Company. This paragraph shall in no way restrict the ability of the Company to alter, supplement or amend the Terms and Conditions of Purchase regarding future transactions with you or any other customer.
9. Applicable Law; Not For Resale.
This Agreement is made and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and the parties consent to the jurisdiction and venue in federal or state courts located in the County of Philadelphia. You agree and represent that you are buying for your own internal use only, and not for resale.
10. Headings.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
11. Severability.
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
12. Force Majeure.
The Company shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.
