terms and conditions.

You should read these terms and conditions of use (“Terms of Use”) before further proceeding with accessing, viewing, and otherwise using the kukajuice.com website (“Site”), since it is a condition to your access, view and use that you agree to these provisions. If you continue to visit this Site, then you have agreed to these terms and conditions. Thank you for visiting this Site.

This Site is operated by Kuka Juice, LLC (“our”, “we”, and/or “us”). We welcome you to this Site and hope you will enjoy and benefit from it.

  1. Access to the Site

By using the Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use. You further represent and warrant that your access and use of the Site, and your purchase and/or use of any products sold through this Site, shall not violate any applicable law or regulation. You agree to use this Site for your own personal use only. If you do not agree with any of these Terms of Use, you must stop accessing this Site.

  1. Upon ordering and confirming your purchase, there are no refunds offered. If you cancel your order, you must do so 24 hours in advance of the start date you have chosen, and you will be credited the exact amount to be applied to any future order. You may not cancel any orders less than 24 hours before expected delivery. Additionally, upon confirmation, you have accepted and agreed to the terms of purchase, including that the product you receive is guaranteed fresh for exactly 3 days from the day you receive it. Other than the foregoing, our sole liability and your exclusive remedy for product ordered through this Site is for us to replace any product that you can reasonably demonstrate has been broken or damaged before receipt. Please contact help@kukajuice.com for replacement of defective product within 24 hours.
  2. Our deliveries are made via Kuka Juice, LLC employees.  Our goal is to have your juice arrive no later than 6 pm on your chosen delivery date. However, Kuka Juice, LLC does not guarantee orders arriving at any specific time.
  3. We cannot guarantee delivery time, therefore if an individual is not home to accept the order, we recommend that you place an ice cooler in a visible location for our delivery driver. Juice must remain cold. Upon delivery, customer accepts the responsibility of placing juice in a cooler or refrigerator. No refunds will be given if this is not done by you, the customer.
  4. Juice delivery is available to those within 20 miles of the zip code 29601. Please ensure you are within this range using the zip code calculator tool before ordering.
  5.  The purchase of any products through this Site is also subject to any other provisions stated in this Site or as indicated during the ordering process.
  6. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 7, ALL PRODUCTS SOLD THROUGH THIS SITE ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, BY US OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.
  7. 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. OUR PRODUCTS ARE ONLY GUARANTEED FRESH FOR 3 DAYS, AS THEY ARE NOT PASTEURIZED AND PACKED WITH PERISHABLE NUTRIENTS AND ENZYMES. DO NOT CONSUME THE PRODUCTS AFTER 3 DAYS FROM THE DATE YOU HAVE RECEIVED THEM. ALSO, DO NOT CONSUME THE PRODUCTS IF THE LIFT TAB AROUND THE LID OF THE BOTTLE HAS BEEN BROKEN OR IT APPEARS THE PRODUCTS HAVE BEEN TAMPERED WITH IN ANY WAY. THE PRODUCTS OFFERED THROUGH THE SITE ARE NOT INTENDED NOR SHOULD THEY BE USED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MITIGATE ANY ILLNESS, DISEASE OR CONDITION OR AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE BEFORE ORDERING ANY PRODUCT FROM THIS SITE. MAKE SURE BEFORE USING ANY PRODUCT THAT YOU OR ANY OTHER RESPONSIBLE INDIVIDUAL HEEDS THE FOREGOING WARNINGS AND FOLLOWS THE FOREGOING INSTRUCTIONS AND ANY OTHER INSTRUCTIONS INCLUDED WITH THE PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING FOR WHOM THE PRODUCTS ARE APPROPRIATE FOR USE AND CONSUMPTION.

Use of Content and Proprietary Notices

1.       The content of this Site, including, but not limited to, copy, photographs, logos, videos, illustrations, artwork, reference information, menus and all other protectable elements of this Site (collectively, the “Content”) remains the sole and exclusive property of Kuka Juice, LLC, including all copyright, trademarks and all other proprietary rights. You agree not to duplicate, or otherwise extract any of the Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify any content, display, publicly perform, distribute or otherwise use any of the Content, in whole or in part, for any public or commercial purposes without our prior written consent.

2.       All trademarks and service marks, including, but not limited to characters, artwork, logos, product names identified on this Site are owned exclusively by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior written consent.

3.       Neither we, nor any owners, administrators, contributors, website users or authors are responsible for any liability arising from your use of or reliance on the Content.

4.     Hyperlinks to Other Websites  Any hyperlinks to other websites that are suggested or identified in this Site or advertisements of other parties’ products or services are provided to you for informative purposes only and that we do not make any representations or warranties regarding such websites, or the products or services offered through such websites.

Disclaimer

1.       WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE. THE CONTENT OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES BY PHONE, FAX, ELECTRONIC MAIL OR OTHER TRANSMISSION MEDIUM, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.

 

2.       UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S ACCESS OR USE OF THE SITE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, 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.

 

3.       THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF NONINFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE.

 

4.       WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT KUKA JUICE, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, KUKA  JUICE, LLC, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).

 

General

  1. You agree to indemnify and hold us harmless from and against any and all claims, liabilities and damages (including, but not limited to, reasonable attorneys’ fees and legal costs) arising out of or relating to: (a) your use of the Site or your or anyone else’s use or consumption of any products that you purchased through the Site in violation of these Terms of Use, or (b) your breach of these Terms of Use.
  2. These Terms of Use and your use of this Site are governed by the laws of the State of South Carolina without giving effect to any choice of law or conflict provision or rule (whether of the State of South Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of South Carolina.
  3. You may not use or export or re-export the Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
  4. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
  5. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof.
  6. These Terms of Use, and all other provisions stated in or through this Site, including the privacy provisions, state the entire agreement between the parties relating to use of this Site and the products sold through this Site. These Terms of Use and any other provisions stated in or through this Site may be amended at any time by us without notice.
  7. The expiration or termination of these Terms of Use shall not affect those provisions, and the rights and obligations therein, set forth in these Terms of Use which either: by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of these Terms of Use, or must survive to give effect to the provisions of these Terms of Use.
  8. There is no agency, partnership, joint venture, employee-employer or franchisee relationship between you and us or between us and any other user of the Site.
  9. YOU AND KUKA JUICE, LLC 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. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • These Terms of Use were last updated in December 2013.
  • © Copyright 2013 Kuka Juice, LLC. All rights reserved.