
TERMS AND CONDITIONS
The Happy Fruit
Last Modified: January 5, 2009
By purchasing the sample of our product for four dollars and ninety
seven cents including shipping and handling through the "Try It Now"
offer, you will be given a period of ten days to try the product. Ten days
after you order your sample, you will be automatically enrolled in our
convenient home delivery plan. You will be billed forty seven dollars and
our product will be sent to you. We will supply you with our product every
month thereafter, and your credit card will be billed forty seven dollars
per month. You can cancel at any time during the ten day trial period by
unsubscribing at our website at
http://www.betterthangojuice.com/Unsubscribe.html with no
further obligations. Limit of one trial sample per household. If, at any
time thereafter, you wish to cancel the convenient home delivery plan, you
may unsubscribe at our website at
http://www.betterthangojuice.com/Unsubscribe.html with no
further obligations. Please note that orders can take up to seventy-two
(72) hours from the actual time of purchase to be inserted into our
database. Please allow up to seventy-two (72) hours before attempting to
cancel your order. Please allow up to 2 to 3 weeks to receive your
promotional order or any monthly orders from our home delivery plan.
Only One Trial Order Per Customer or per Computer IP Address: Customers
are welcome to order one free trial bottle (pay Shipping and Handling of
$4.97 only) and this bottle will be shipped. However, if a second
trial bottle is ordered from the same customer or from the same computer,
we will not ship it.
Return Policy. We will credit one returned unopened product per
customer if received within 30 days of the purchase of the trial sample.
No returns are credited after 30 days from the order date of the trial
product. Merchandise must be returned at customer's expense. Absolutely no
returns are credited for opened or partially used products. The sample's
shipping charge is non-refundable. In the event that the product arrives
damaged, please email our Customer Service Department via our contact page
within 48 hours. DO NOT DISPOSE OF ANY DAMAGED PRODUCTS OR PACKAGING until
you contact Customer Service for instructions, as we may require return of
the damaged goods. In these situations we will promptly send a replacement
product and a pre-paid return label to return the damaged merchandise.
No refunds on any packages that come back "Refused" or "Return to Sender".
Please return all product to:
The Happy Fruit,1107 12th St. #100, Boulder CO 80302
Modifications to Services. The Happy Fruit reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with
or without notice. You agree that The Happy Fruit shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Services.
Acceptance of Agreement. Your access to and use of the The Happy
Fruit website (the "Site") is subject to the following terms and
conditions which may be updated by us from time to time without notice to
you. You may review the most current version of the terms and conditions
at any time at
http://www.betterthangojijuice.com/TermsConditions.html.as well as the Site's
posted privacy policy and acceptable use policy. By accessing and browsing
the Site, you accept and agree to, without limitation or qualification,
the terms and conditions, privacy policy, acceptable use policy and
acknowledge that any other agreements between you and The Happy Fruit
are superseded and of no force or effect with respect to your access and
use of the Site.
Scope of Use. The Happy Fruit maintains the Site for your personal
information, education, and communication. You may download material
displayed on the Site for non-commercial, personal use only, provided you
maintain all copyright and other proprietary notices contained on the
materials. You may not distribute, modify, transmit, reuse, repost or use
the content of the Site for public or commercial purposes, including the
text and images, without The Happy Fruit's
written permission. The Happy Fruit makes no representation that the
information in the Site is appropriate or available for use in locations
outside of the United States, and access to the The Happy Fruit Site
from territories where the content of the Site may be illegal or
inappropriate is prohibited. Those who choose to access the Site from
other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Your Registration Obligations. In consideration of your use of
the Services and Site, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or The Happy Fruit has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, The Happy Fruit has the right to suspend or
terminate your access and refuse any and all current or future use of the
Service (or any portion thereof).
Privacy Policy. The registration data and certain other
information about you is subject to The Happy Fruit's Privacy policy. Please
review the full privacy policy at
http://www.betterthangojijuice.com/privacy.php
No Medical Advice. The Site does not provide medical advice. The
Happy Fruit is not engaged in rendering medical or professional
services or advice, and the information provided on the Site is not
intended to replace medical advice offered by a health care provider. The
Happy Fruit strongly recommends that you promptly consult a physician or
professional health care provider prior to use of the products advertised
on the Site.
Product Information. The product information provided on the
Site is intended only for residents in the United States. The Site and its
links may, however, contain information about products that may or may not
be available in any particular country, territory or region of the world
(including the United States), may be available under different trademarks
in different countries. The products advertised on this site have not been
approved or cleared by a government regulatory body. You should not
construe anything on the Site as a promotion or solicitation for any
product or service or for the use of any product or service that is not
authorized by the laws and regulations of the country where you are
located, including the United States.
Copyright Protection. All images and text on the Site is
copyrighted and may not be used except as provided in these terms and
conditions or in the text on the Site without the written permission of
The Happy Fruit The Happy Fruit neither warrants nor represents
that your use of materials displayed on the Site will not infringe rights
of third parties not owned by or affiliated with The Happy Fruit
Trademarks. The trademarks, trade names, logos and service marks
(collectively the "Trademarks") displayed on the Site are registered and
unregistered Trademarks of The Happy Fruit and others. Nothing
contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of The Happy Fruit or such
third party that may own the Trademarks displayed on the Site. Your use of
the Trademarks displayed on the Site, or any other content on the Site,
except as provided in these terms and conditions, is strictly prohibited.
You are also advised that The Happy Fruit will aggressively enforce its
intellectual property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
Exclusion of Warranty. While The Happy Fruit uses reasonable
efforts to include accurate and up-to-date information in the Site, The
Happy Fruit makes no warranties or representations as to its accuracy. The
Happy Fruit assumes no liability or responsibility for any errors
or omissions in the content of the Site. Without limiting the foregoing,
everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
Limitation of Liability. Your use of and browsing in the Site
are at your risk. Neither The Happy Fruit nor any other party involved
in creating, producing or delivering the Site is liable for any direct,
incidental, consequential, indirect or punitive damages arising out of
your access to, or use of, the Site. The Happy Fruit assumes no
responsibility, and shall not be liable for, any damages to, or viruses
that may infect, your computer equipment or other property on account of
your access to, use of, or browsing in the Site or your downloading of any
materials, data, text or images from the Site.
Prohibited Transmissions. Certain areas of the Site may enable
you to access online forums and to submit e-mails, or otherwise provide
feedback to The Happy Fruit The Happy Fruit does not endorse, and
specifically disclaims, any responsibility or liability for any content in
these forms. You may not post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic or
profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability or otherwise violate any law. In addition, you are prohibited
from posting or transmitting any information which (a) infringes the
rights of others or violates their privacy or publicity rights, (b) is
protected by copyright, trademark or other proprietary right, unless with
the express written permission of the owner of such right, (c) contains a
virus, bug or other harmful item, or (d) is used to unlawfully collude
against another person in restraint of trade or competition. You shall be
solely liable for any damages resulting from any infringement of
copyright, trademark, or other proprietary right, or any other harm
resulting from your use of the Site.
User Submissions. Any "personally identifiable information" in
electronic communications to the Site is governed by the Site's Privacy
Policy which is posted on the site. On the other hand, any communication
or material you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, and suggestions or other
information will be treated as non-confidential and non-proprietary. You
understand that anything you transmit or post may be used by The Happy
Fruit or its affiliates for any purpose, including, but not
limited to, reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, The Happy Fruit is free to use any
ideas, concepts, know-how, processes, or techniques contained in any
communication you send to the Site for any purpose whatsoever including,
but not limited to, developing, manufacturing, marketing, and selling
products and service using such ideas, concepts, know-how, processes, or
techniques.
Links to Other Sites. The Happy Fruit has not reviewed all of
the sites linked to the Site and is not responsible for the content of any
off-site pages or any other sites linked to the Site. Your linking to any
other off-site pages or other sites is at your own risk. Once you link to
another site, please be sure to review the legal notice and privacy policy
of the new site. It may be different from those governing the Site.
Governing Law. This agreement and its performance shall be
governed by the laws of the state of Colorado, United States of America,
without regard to its conflict of laws provisions. You consent and submit
to the exclusive jurisdiction of the state and federal courts located in
Boulder County, the state of Colorado, United States of America, in all
questions and controversies arising out of your use of the Site and this
Agreement. To the extent allowed by applicable law, any claim or cause of
action arising from or relating to your access or use of the Site must be
brought within two (2) years from the date on which such claim or action
arose or accrued.
Modification of Agreement. The Happy Fruit may, at any time,
revise the terms and conditions of this agreement governing use of the
Site. If any terms and conditions contained in this Legal Notice are
changed, the amended notice will be posted on the Site. You are bound by
any such revisions and should, therefore, periodically review these terms
and conditions.
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