Terms of Service

JUJA ACTIVE TERMS OF SERVICE

Effective August 6, 2015

Overview

This website is operated by Juja LLC (doing business as Juja Active (“JUJA Active”)). JUJA Active seeks to provide its users with the best service possible. We have created these terms of service to inform you of your rights and obligations with respect to the use of our site. Throughout the site, the terms “we”, “us” and “our” refer to Juja Active. Juja Active offers this website, including all information, tools and services available from this site (the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

1. Online terms

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

2. General conditions

We reserve the right to refuse service to anyone, without notice and without liability, for any reason at any time.

We reserve the right to monitor and review your account, content and activity for compliance with these Terms. We may terminate or suspend your account or ability to use the Service if you breach these Terms and we may remove any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party’s intellectual property rights.

You agree not to:

You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You will immediately notify us in writing of any unauthorized use of your account or other account related security breach of which you are aware.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our prior express written permission.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.

3.  Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service and prices

 Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. Products 

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected. 

For more detail, please click here to review our Return Policy. 

6. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 7. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8. Intellectual Property 

JUJA Active, its licensors or its content providers are the owners of and have exclusive rights to all of the content on this site, including, but not limited to, all designs, text, images, logos, media clips and downloads, interfaces, computer code and software. This site and its contents are protected by copyright laws. Nothing on this site shall be construed as granting by implication, estoppel or otherwise, any right or license to use a trademark, service mark or logo featured on this site without the prior written consent of JUJA Active. You acknowledge that you shall not construe anything on this site as granting any license or right to use any trademark, service mark or logo, either explicitly, implicitly, by estoppel or otherwise. JUJA Active reserves all rights not expressly granted or relinquished herein in regards to the site and its content.

JUJA Active is committed to protecting its intellectual property rights as well as the intellectual property rights of others. To report any infringement of your intellectual property rights on this site, you can contact us at info@jujaactive.com. Your email should include: (1) a description of the infringement; (2) detail of the location of the infringing material on the site; (3) your name, address, telephone number, email address and other reasonable contact information.

9. User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments, or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

10. Personal information

Your submission of personal information through this website is governed by our Privacy Policy, which is incorporated herein. To view our Privacy Policy, click here.

11. Errors, inaccuracies and omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website should be taken to indicate that all information in the Service has been modified or updated.

12. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Service or our website, any other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, any other website, or the Internet. We reserve the right to terminate your use of our Service for violating any of the prohibited uses.

12. Content

The Service contains content specifically provided by JUJA Active or our partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other puovietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information and restrictions contained in any content accessed through our Service. You shall not sell, license, rent or otherwise use or exploit any content for commercial (whether or not for profit) use or in any way that violates the rights of any person or entity.

13. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO CASE SHALL JUJA LLC, OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY (PHYSICAL OR EMOTIONAL), LOSS, DAMAGE, CLAIM, OR EXPENSE WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT A COURT OF COMPETENT JURISDICTION DETERMINES BY FINAL JUDGEMENT THAT LIABILITY OF JUJA ACTIVE OR ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS, HAS ARISEN OUT OF THIS SERVICE, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO JUJA ACTIVE IN CONNECTION WITH YOUR USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITY OR (II) THE AGGREGATE OF ONE HUNDRED ($100) DOLLARS.

14. Indemnification 

You agree to indemnify, defend and hold harmless JUJA LLC and our parent, subsidiaries, and affiliates, and each of its and its affiliates, members, managers, officers, directors, stockholders, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers, from all losses, costs, actions, claims, damages, expenses (including reasonable attorney’s fees and expenses) or liabilities that arise from or relate to your use or misuse of, or access to the Service (including the website’s content), violation of the Terms, or any infringement by you or any third party using your account of any intellectual property or other rights of any person or entity, except to the extent that a court of competent jurisdiction determines by final judgement that such loss or liability arose solely due to the gross negligence or intentional misconduct of JUJA Active.

15. Severability 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 16. Termination 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17.  Entire agreement 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

18. Governing law; Arbitration

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence.

Except as otherwise expressly provided herein, all claims, legal proceedings or litigation arising out of, or in connection with, the Services (including this website) shall be brought solely in a confidential, binding arbitration proceeding in New York County, New York (under the prevailing rules of the American Arbitration Association) and you consent to the jurisdiction of and venue in such proceeding and waive any objection as to such forum. However, if you have in any manner violated or threaten to violate any of our intellectual property rights or any of these Terms, we may seek an injunction or other appropriate relief in any state or federal court in the State of New York and you hereby consent to the exclusive jurisdiction and venue in such courts.

 19. Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 20. Contact information

Questions about the Terms of Service should be sent to us at info@jujaactive.com.