Terms of Use

JuicePerformer.com Terms of Use Welcome to our website! This website, located at www.JuicePerformer.com (the “Website”), is operated by or for CAJ Food Products, Inc. and Juice Performer brand juices (“CAJ,” “Juice Performer,” “Beet Performer,” “Cherry Performer,” “we,” “our,” or “us”). Juice Performer strives to promote good health and vitality with top-quality products. These Terms of Use (the “Agreement”) apply to the Website, where you will find more information about our company and products. Note: Juice Performer juices are not intended to diagnose, cure or prevent any disease. We are not medical professionals and are not in a position to provide any medical advice. We recommend you contact your physician for a dietary regimen specific to your needs. PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. You may use this Website only if you accept this Agreement. Please also read the terms of our Privacy Policy. The terms of our Privacy Policy are hereby incorporated into this Agreement by reference. If you do not agree with the terms and conditions set forth herein, you should exit the Website immediately. CAJ may modify this Agreement from time to time, in its sole discretion, and such modification shall be effective upon posting. If we modify this Agreement, we will post the changes on this page and will indicate at the top of this page the date that this Agreement was last revised. You agree to be bound by any changes to the Agreement when you use the Website after any such modification is posted. Please review the Agreement regularly, as it is your responsibility to abide by the current terms at all times. ELIGIBILITY Children under the age of thirteen (13) are not authorized to use the Website. If, in the future, we decide to direct the Website to children under thirteen (13), we will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent. INTELLECTUAL PROPERTY All site design, text, graphics, logos, icons, trademarks, the selection and arrangement of these elements, and all software and content posted on the Website are the property of CAJ or our licensors or suppliers, and are protected by U.S. and international intellectual property laws, including, but not limited to, copyright. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to us or any other person or entity without obtaining the prior written consent of the owner of such proprietary rights. Please contact us at info@juiceperformer.com with any inquiries, permission requests, or to report suspected copyright or trademark infringement. LICENSE TO USE For the limited purpose of your use of the Website, we grant you a limited, revocable, personal and non-transferable license to use the Website for private viewing and in accordance with this Agreement, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited. LINKS AND THIRD PARTY SERVICES Any links on the Website are provided only as a convenience, and we do not check for accuracy, investigate, approve, or endorse any third party websites. We are not responsible for the contents of third party websites or any other links within them. We are not responsible for transmissions you receive from third party websites or for their failure to work properly. You are solely responsible for abiding by the terms of use and understanding the privacy policy of any third party website. You may not include a link to the Website without the express permission of CAJ. Please contact us at info@juiceperformer.com to inquire about linking. SUBMISSIONS You can learn more about our products by submitting certain information to us through the Website. Please carefully review any instructions or additional terms before completing forms on the Website. Also, please remember that children under the age of thirteen (13) are not permitted to submit any content to the Website. You hereby represent and warrant that any and all information you provide to CAJ is accurate and truthful and that you will update such information as necessary to maintain its accuracy and truthfulness. You are solely responsible for any and all information you provide to CAJ. Please carefully review our Privacy Policy for more information regarding the way we handle your personal information. In accordance with our Privacy Policy, CAJ reserves the right, at all times, to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request in our sole discretion. MODIFICATIONS TO SITE AND SERVICES We reserve the right to modify, suspend, delay or discontinue, temporarily or permanently, the Website (or any part thereof) or any of our products or services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, delay or discontinuance of the Website or any of our products or services. GENERAL DISCLAIMER We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any incorrect or inaccurate submissions or postings on the Website, whether caused by users of the Website or by any of the equipment or programming used in or associated with the Website. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website. The Website and related services are provided AS-IS and, to the fullest extent permitted by law, WITHOUT WARRANTIES OF ANY KIND, either express or implied. This means, without limitation, that WE DO NOT WARRANT that the Website is fit for any particular purpose; that the Website Content is non-infringing; that the SERVICES available via the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses or other harmful components; or that the information and content of the Website are non-infringing, accurate, error-free or reliable. We are not responsible for any infringing, incorrect or inaccurate submissions or postings on the Website. LIMITATION OF LIABILITY Under no circumstances shall we be responsible for any loss or damage resulting from use of the Website, purchase of products or services facilitated through the Website, or from any postings or submissions on or through the Website.IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES PROVIDED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US, YOU SHALL BE LIMITED TO SEEK INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. INDEMNIFICATION You hereby agree to indemnify and hold us harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement. GOVERNING LAW AND VENUE This Agreement and our relationship are governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of federal and state courts in the State of Indiana, U.S.A. in all disputes arising out of or relating to the use of the Website and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to, venue and jurisdiction in the federal and state courts of the State of Indiana. Use of the Website is unauthorized in any jurisdiction that does not give effect to this Agreement, including this paragraph. INDEPENDENT CONTRACTORS No joint venture, employment, or other legal relationship exists between you and us as a result of this Agreement or your use of the Website. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the Agreement shall continue in effect. ENTIRE AGREEMENT This Agreement and the other documents referenced herein form the entire agreement between you and us with respect to the Website. This Agreement supersedes all prior or contemporaneous communications between you and us concerning any matters set forth herein. VALIDITY OF AGREEMENT A printed version of this Agreement and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents originally in printed form. NOTICES Any communications, notices, requests or demands relating to this Agreement shall be in writing and shall be deemed given when received upon delivery by hand, transmission by facsimile, e-mail or mailing by registered or certified mail, addressed as follows: CAJ Food Products, Inc. Supplier of Juice Performer 11650 Olio Road, Suite 1000 Fishers, IN  46037 Phone: 888-524-6882 Fax: 888-816-9725 ASSIGNMENT This Agreement may not be transferred, delegated or assigned by either party without the prior written consent of the other party, except that we may assign and transfer this Agreement (including your personal data) in connection with the transfer or sale of our business or a merger with a third party. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assignees of you and us. Please contact us at info@juiceperformer.com with any questions regarding this Agreement.1487479_1