Pressed Juicery Membership Terms and Conditions
You can contact Pressed Juicery with any questions or concerns at 4016 Wilshire Blvd, Los Angeles, CA 90010, 888.44.JUICE (888.445.8423), or at email@example.com.
Summary of Membership Program and Benefits. As a Member of Pressed Juicery’s Membership Program, you will be eligible to purchase most of the following Pressed Juicery products at discounted prices online at pressedjuicery.com and in Pressed Juicery retail stores (collectively, the “Participating Products”): juices, signature blends, waters, Freeze, and shots. Discounted Membership pricing for Participating Products include (per item): $5.00 for juices, signature blends, and Size 1 Freezes with up to three toppings; $6.00 for Size 2 Freezes with up to three toppings; $2.50 for waters and shots.
To become a Member, you authorize Pressed Juicery to charge your debit/credit card a minimum of ten dollars ($10.00) each month or a greater amount of your choice on a recurring monthly basis (the “Membership Fee”).
Each monthly charge will be credited to your Membership account and is available for you to purchase Pressed Juicery Participating Products at the discounted Membership price.
The Membership commits you to at least ten dollars ($10.00) per month in Pressed Juicery products (e.g., two (2) juices). If you would like to purchase more than ten dollars ($10.00) worth of Pressed Juicery products at the Membership price, you must reload your account prior to purchasing. For Membership pricing to apply, your Membership must be active and available at the time of purchase.
Exclusions. If you are a member of the Pressed Juicery Loyalty Program in addition to a Member of our Membership Program, you will not receive points based on purchases made at discounted Membership pricing. Any one-time discount and promotion code or any other special offer cannot be used or combined with any discount or other benefit offered under the Membership Program, unless specifically stated in the promotion. The Membership Program benefits cannot be used in conjunction with any coupon or with any corporate or prearranged group discount, unless specifically stated in the applicable coupon or discount. Your account balance must be used toward a purchase and may not be redeemed in cash unless required by applicable law.
Monthly Fee, Automatic Renewal, Billing and Cancellation
Monthly Fee. You will be charged ten dollars ($10.00) each month unless you modify your account to bill you more than ten dollars ($10.00) each month. For example, if you would like to purchase five (5) juices at five dollars ($5.00) on a recurring monthly basis, you can adjust your account settings so that you will be automatically charged twenty-five dollars ($25.00) each month. Your monthly fee will always be charged to your credit/debit card even if you have a remaining account balance (i.e., unused juice credits) at the end of the month. The remaining account balance will accrue and roll over to the following month.
Automatic Renewal. Your Pressed Juicery Membership will continue month-to-month and automatically renew unless and until you cancel your Membership or we terminate it. To register for and use the Membership, you must have Internet access and provide us with your name, a current, valid, accepted method of payment, a current and valid e-mail address, and your current and valid phone number. This information may be updated by visiting the MY ACCOUNT page on our website. YOU ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY EACH MONTH BEGINNING ON THE DATE YOU REGISTER. YOU WILL BE CHARGED AUTOMATICALLY EVERY MONTH FOR YOUR MEMBERSHIP. THE MONTHLY CHARGE OF TEN DOLLARS (US $10.00) OR A GREATER AMOUNT IF YOU CHOOSE WILL BE AUTOMATICALLY DEDUCTED FROM YOUR CHECKING, DEBIT CARD, OR CREDIT CARD ACCOUNT ON THE SAME DATE EVERY MONTH UNTIL YOU CANCEL YOUR MEMBERSHIP. TO CANCEL YOUR MEMBERSHIP, GO TO THE MY ACCOUNT SECTION OF OUR WEBSITE OR YOU CAN ALSO EMAIL US AT INFO@PRESSEDJUICERY.COM OR CALL US TOLL-FREE AT 888.44.JUICE (888.445.8423).
Automatic Reload. For your convenience, you can reload a dollar value onto your Membership account whenever you like. To set up Automatic Reload, go to www.pressedjuicery.com/account/profile and follow the instructions. Your credit card or debit card will be billed according to the schedule and amount you have selected. We will send you an email after each Automatic Reload to let you know your Membership account has been loaded. You can change your preferences at any time, but the changes make take up to 24 hours to go into effect. To discontinue your Automatic Reload feature, go to www.pressedjuicery.com/account/profile within 24 hours of the next scheduled reload. Once the dollar value is loaded, the transaction cannot be reversed.
Recurring Billing. By starting your Pressed Juicery Membership, you authorize us to charge you a monthly Membership Fee of ten dollars ($10.00) or, if you choose, a greater amount. You may increase or decrease the recurring Membership Fee by visiting the MY ACCOUNT page on our website, but you may not decrease the recurring Membership Fee to any amount below ten dollars ($10.00). We reserve the right to change or modify the minimum Membership Fee requirement and will provide you with reasonable notification of the change.
Price Changes. We reserve the right to adjust pricing for our Membership Program or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your Membership will take effect within forty-five (45) days after we provide you notice of the change. You must cancel your Membership within this forty-five (45) day notice period if you do not want to continue your Membership at the new pricing; otherwise, the new pricing will apply to your purchases until you cancel your Membership.
Billing Cycle. We will charge your credit/debit card on the day you sign up to become a Member and each month thereafter unless and until you cancel your Membership. We automatically charge your credit/debit card each month. Visit our website and click on the “Membership” link on the MY ACCOUNT page to see the commencement date for your next renewal period.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS/LOST OR STOLEN CREDITS. Following any cancellation, however, you will continue to have access to your Membership through the end of your current billing period. At any time, and for any reason, and to the extent permitted by law, we may provide a refund, discount, or other consideration to some or all of our Members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion to the extent permitted by law. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. Member assumes all risk of lost or stolen credits on their accounts (other than security breaches to Pressed Juicery’s computer systems) and no refunds or credits will be issued for Member credits which are lost or stolen.
Payment Methods. You may edit your credit/debit card information by visiting our website and clicking on the MY ACCOUNT link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your credit/debit card information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing your credit/debit card, as it may be updated. This may result in a change to your payment billing dates. We may update your credit/debit card information with information provided by the applicable payment service provider, and you authorize us to continue to charge the Membership Fee to the updated credit/debit card. For certain credit/debit cards, the issuer of your credit/debit card may charge you a foreign transaction fee or other charges. Check with your credit/debit card service provider for details.
Cancellation. You may cancel your Membership at any time, and you will continue to have access to the Membership through the end of your monthly billing period. [We will send you a Pressed Juicery gift card in the amount of the dollar balance remaining in your Membership account at the end of the month in which your Membership is cancelled]. This gift card can be used to purchase Pressed Juicery products at regular non-member prices. To cancel, go to the MY ACCOUNT page on our website and follow the instructions for cancellation. If you cancel your Membership, your account will automatically close at the end of your current billing period. Pressed Juicery reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Membership Program or to terminate any Membership, for any reason, including, without limitation, abuse of the Membership Program, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of Pressed Juicery. Any such exclusion or termination may affect eligibility for further participation in the Membership Program and/or any other Pressed Juicery program.
Changes to Terms and Conditions/Discontinuance of Membership Program. Pressed Juicery may in its sole and absolute discretion and from time to time change these Terms and Conditions, including the Privacy Statement. Such revisions shall be effective immediately; provided however, for existing Members, such revisions shall, unless otherwise stated, be effective 30 days after posting. You must cancel your Membership prior the expiration of this 30 day period if you do not want to be bound by any revised Terms or Conditions. Pressed Juicery also reserves the right in its sole and absolute discretion to terminate the Membership Program with sixty (60) days advance notice. In the event of any such termination, you will continue to be eligible to purchase products at the discounted Membership Price then in effect only for this sixty (60) day notice period. After this sixty (60) day notice period, your account balance may be used to purchase products at regular, non-discounted pricing.
Communication Preferences. By becoming a Member, you consent to receiving emails from Pressed Juicery relating to your account as well as promotional advertising. These communications may involve sending e-mails to your e-mail address provided during registration, or posting communications on the Pressed Juicery website, or in the MY ACCOUNT page and will include notices about your account and relationship with Pressed Juicery (e.g., payment authorizations, change in password or credit/debit card information, confirmation e-mails, and other transactional information). You also consent to receiving certain other communications from us, such as newsletters about Pressed Juicery product offerings and promotions, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications, simply go to the “Email Preferences” link on the MY ACCOUNT page of our website to manage your Pressed Juicery communications.
Membership Requirements. You must be 18 years of age, or the age of majority in your province, territory or country, to become a Member of the Membership Program. Individuals under the age of 18, or applicable age of majority, may utilize the Membership only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms and Conditions.
Limitation of Liability. Pressed Juicery and their respective officers, directors, employees, and agents (the “Released Parties”) make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or Membership in the Membership Program. By participating in the Membership Program, you hereby release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that Member’s participation in the Membership Program, use of Member account balance or rewards, or agreement to these Terms and Conditions.
Intellectual Property. All Membership Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of Pressed Juicery, and is protected by United States and international copyright, trademark, and other intellectual property laws. You are granted permission solely to electronically copy and print portions of the Membership Program materials for the sole purpose of using the Membership Program materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any Membership Program materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of Pressed Juicery is strictly prohibited.
In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail, a written Notice of claim (“Notice”). If you are the claimant, the Notice to us must be addressed to: Legal Department - Dispute Resolution, Pressed Juicery, Inc., 4016 Wilshire Blvd, Los Angeles, CA 90010. If we are the claimant, the Notice must be addressed to the address used for your Membership account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator. The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 800.778.7879.
If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations (in which the parties submit their arguments and evidence to the arbitrator in writing and the arbitrator makes an award based only on the documents), the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated, notwithstanding the below prohibition, and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court. The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms and Conditions by doing the following: within 15 days of setting up your account, you must send a letter to Pressed Juicery, Inc., c/o Legal Department, 4016 Wilshire Blvd, Los Angeles, CA 90010 that specifies (1) your name, (2) your account number or account Member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms and Conditions. All other Terms shall continue to apply to your account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that, if we make any future change to the dispute resolution procedure and class action waiver provisions (other than a change to our address), you may reject any such change by sending a letter to us within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
Class Action Waiver. YOU AND PRESSED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING FROM OR RELATING IN ANY WAY TO PRESSED JUICERY’S MEMBERSHIP PROGRAM ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Both you and we waive the right to bring any controversy, claim, or dispute arising out of or relating in any way to Pressed Juicery’s Membership Program as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this Paragraph shall be null and void.