Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
All trademarks, service marks and trade names of Enerjuice® used in the site are trademarks or registered trademarks of Lang Pharma Nutrition Inc. (hereinafter sometimes referred to as “we” or “our”).
Limitation of Liability
Lang Pharma Nutrition Inc. and its affiliates shall not be liable for any special or consequential damages that result from the use of, or the inability to use or the performance of the products, even if Lang Pharma Nutrition Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Lang Pharma Nutrition Inc. from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Arbitration Agreement & Waiver of Certain Rights
You and Lang Pharma Nutrition, Inc. agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Lang Pharma Nutrition, Inc. hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Lang Pharma Nutrition, Inc. relating to these Terms and Conditions or the Web Site or our mobile applications (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Lang Pharma Nutrition, Inc. will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Lang Pharma Nutrition, Inc. from seeking action by federal, state, or local government agencies. You and Lang Pharma Nutrition, Inc. also have the right to bring qualifying claims in small claims court. In addition, you and Lang Pharma Nutrition, Inc. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Lang Pharma Nutrition, Inc. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Lang Pharma Nutrition, Inc.'s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with Lang Pharma Nutrition, Inc.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LANG PHARMA NUTRITION, INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Terms and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Lang Pharma Nutrition Inc. without notice at any time, for any reason. The provisions relating to Trademark, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Lang Pharma Nutrition Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Enerjuice®.
Any action relating to the use of the Web Site, mobile applications, catalogs or any transaction with Lang Pharma Nutrition, Inc. must be brought in the state or federal courts located in the County of Newport, Rhode Island. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Orders are not processed or shipped on Saturday or Sunday or national Holidays. Upon check-out you will be notified of an estimated shipping time, which is generally within 3-5 business days.
Our site is not responsible for any duties or taxes on international orders.