Statements made in this website have not been evaluated by the Food and Drug Administration, Health Canada or any other regulatory body and this product is not intended to diagnose, treat, cure or prevent any disease.

THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND THE FRESH TEST, LLC. (hereinafter “THE FRESH TEST.”, "us" or "we"), THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF any of THE FRESH TEST.’s Websites (hereinafter site or sites) AND THE PRODUCTS SOLD ON IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. 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, THE SITE. THEFRESHTEST.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE. NOTICE WILL BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE. YOUR USE FOLLOWING THAT NOTICE INDICATES YOUR ACCEPTANCE OF THE MODIFICATIONS. YOU AGREE TO REVIEW THE AGREEMENT ON OCCASION TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE SITE INDICATES YOUR ABSOLUTE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU irreversibly AGREE TO SIGN THIS AGREEMENT. Any and all disputes, claims or actions arising out of these Terms of Use or your use of this Site or any products sold through this Site will be exclusively heard in the state or federal courts located in Los Angeles County, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT FORTH WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CAUSE OF ACTION IS INDEFINITELY AND PERMANENTLY BARRED.

PRODUCT CONDITIONS

Customer agrees that all sales are final. Once an order is placed on the Site, no refunds will be issued. Customers are allowed to cancel their order up to 24 hours in advance of the scheduled delivery date, at which time the full value of the purchase WILL BE REFUNDED. No modifications will be allowed to the order once inside of the 24-HOUR window of time prior to delivery. Customer agrees they are aware that all juices have a shelf life AND must be kept cold or they will spoil. THE FRESH TEST nor the parent company CALIFORNIA JUICE CO. is in no way liable if the juices spoil after they have been delivered.

WARNING: OUR PRODUCTS HAVE NOT BEEN PASTEURIZED AND, THEREFORE, MAY CONTAIN HARMFUL BACTERIA THAT CAN CAUSE SERIOUS ILLNESS IN CHILDREN, THE ELDERLY, AND PERSONS WITH WEAKENED IMMUNE SYSTEMS. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF THE TYPE OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100 U.S.D). UNDER NO CIRCUMSTANCES WILL WE (THE FRESH TEST, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS) BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM USE OF THE SITE, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED THROUGH THIS SITE.

BILLING AND RENEWAL TRANSACTIONS AND POLICIES

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products or Services for sale on this site. When you wish to purchase or to subscribe to any of these Products or Services, you will be asked by THE FRES TEST or an authorized third party to supply particular information, including and without limitation, your full name, address, telephone number, email and credit card information. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Product or Service. You will be responsible for all charges incurred through your account as well as for paying any applicable taxes AND CA CRV. In the event you purchase a subscription-based services, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. THE FRESH TEST reserves the right to change the amount of any fees or charges for Services and/or Products we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We always reserve the right to terminate any account at any time for any reason and will notify subscriber in such an event.

Automatic Renewal Terms: IF YOU ENROLL IN THE RECURRING ORDER OPTION, Your subscription will be automatically renewed and your credit card will be automatically charged on a monthly, weekly, or daily basis, depending upon the billing terms for your account, for as long as you remain a SUBSCRIBER. You agree that THE FRESH TEST will not send you any renewal notices or confirmations and your credit card will be automatically charged per the agreed terms when the subscription service was established.

PROPRIETARY RIGHTS

You acknowledge and agree that the Site and Products/Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of THE FRESH TEST. By sending us creative suggestions, ideas, facts or other materials you hereby grant to us worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to sell, distribute, use, reproduce, the content submitted in any way we would like, without compensation to you, the provider of the submitted content.

PROFESSIONAL ADVICE DISCLAIMER

THE FRESH TEST’S SITE DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING LISTED ON OUR SITE, OR ANY COMMUNICATIONS, NO SERVICES, NO PRODUCTS, OR ANY OTHER CONTENT ARE NOT INTENDED TO BE, AND CANNOT BE TAKEN AS ANY FORM OF MEDICAL OR COUNSELING CARE, OR CARE OF ANY KIND. FOR PURPOSES OF THIS AGREEMENT, MEDICAL AND COUNSELING CARE INCLUDE: (WITHOUT ANY LIMITATION) THERAPY, COUNSELING, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT INTENDED TO TREAT, PREVENT DIAGNOSE, OR CURE ANY CONDITION. YOU MUST SEEK THE ADVICE OF PROFESSIONALS, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT. NONE OF THE STATEMENTS FOUND ON THE SITE HAVE BEEN REVIEWED OR EVALUATED BY THE F.D.A.

TERMINATION

This Agreement shall remain effective until terminated in accordance with its own terms and conditions.

INDEMNIFICATION

You agree to indemnify, defend, and hold THE FRESH TEST and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to THE FRESH TEST or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section “Indemnification” shall survive in the event this Agreement is terminated for any reason.

 

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