You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. Neither you nor Smart Pressed Juice has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.Īll disputes relating in any way, directly or indirectly, to Smart Pressed Juice for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Orange County, California, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in any section below). The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.Īrbitration is more informal than a lawsuit in court. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this agreement (other than those related to Smart Pressed Juice's enforcement and protection of its name and/or intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction.
#PRESSED JUICE FREE#
Most customer concerns can be resolved quickly and to a customer’s satisfaction by calling our toll free number, 1-88, or by writing to our customer service department at or Smart Pressed Juice, 15615 Alton Pkwy Suite 450 Irvine CA 92618. If you are a parent or legal guardian who is purchasing for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Smart Pressed Juice if your child breaches or disaffirms any term or condition of this Agreement.ġ.1 – Dispute and Arbitration Class Action Waiver
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.īy purchasing Smart Pressed Juice, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND SMART PRESSED JUICE (“WE” OR “SMART PRESSED JUICE”), THE OWNER AND OPERATOR OF THE WEBSITE (THE “SITE”).
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