Tropical Juice Bar Terms of Use
These Terms of Use, together with any documents expressly incorporated by reference (collectively, these "Terms of Use"), constitute a legally binding agreement entered into by and between you ("you," "your," or "User") and Tropical Juice Bar ("Tropical Juice Bar," "we," "us," or "our"). These Terms govern your access to and use of our website located at https://tropicaljuicebar.com (the "Site"), including any of our content, functionality, digital ordering tools, interactive features, mobile or web-based applications, loyalty programs, promotional platforms, in-store kiosks, text and email programs, and all related services, whether now existing or developed in the future (collectively, the "Services").
BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Tropical Juice Bar reserves the right to revise, amend, update, or replace these Terms of Use at its sole discretion at any time, and such modifications shall be effective immediately upon posting unless otherwise stated. Your continued use of the Services after any such modification constitutes your binding acceptance of the updated Terms.
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT (SEE SECTION 24) THAT AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH TROPICAL JUICE BAR AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS.
1. Privacy Policy
We are committed to protecting your privacy. Our Privacy Policy, which governs our collection and use of your personal information, is available at https://tropicaljuicebar.appfront.app/privacy-policy. By using the Services, you consent to all actions we take concerning your information in compliance with the Privacy Policy. We may update our Privacy Policy from time to time; please review it regularly.
2. Ownership of Content
All materials and content included within the Services, including but not limited to all text, graphics, images, designs, logos, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof (collectively, the "Content"), are the exclusive property of Tropical Juice Bar or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Nothing in these Terms shall be construed as conferring any license or right to use any intellectual property owned by Tropical Juice Bar, except as expressly permitted herein.
3. Accuracy and Availability of Information
We strive to ensure that all information presented through the Services is accurate, complete, and current. However, we do not guarantee the accuracy, reliability, or availability of any information on the Site or Services. Content may be updated or modified without prior notice.
4. Account Registration and Security
To access certain features, such as placing online orders or participating in rewards programs, you may be required to create a user account. You agree to provide accurate, complete, and up-to-date information during registration and to maintain the confidentiality of your account credentials. You are solely responsible for all activity that occurs under your account and agree to notify us immediately of any unauthorized access or use.
5. Promotions, Offers, and Loyalty Programs
Tropical Juice Bar may offer discounts, coupons, promotional codes, or loyalty rewards ("Offers"). All Offers are subject to availability, expiration, geographic or system limitations, and applicable legal restrictions. We reserve the right to modify or cancel any Offer at any time without notice. Offers may not be combined unless explicitly stated otherwise.
6. Payment Terms
You agree to pay all applicable fees and taxes associated with your purchases made through the Services. Accepted payment methods include major credit and debit cards, gift cards, or other forms of payment enabled by our platform. By submitting payment information, you authorize us or our third-party processor to charge the applicable amount to your selected method of payment.
7. Mobile Messaging and Communication
By enrolling in our SMS or email programs, you consent to receive promotional and transactional messages. Message and data rates may apply. To opt out, reply STOP to any SMS or use the unsubscribe link in emails. You represent that you are the account holder for the number provided. We are not liable for undelivered or delayed messages.
8. Acceptable Use of Services
You may only use the Services for lawful purposes and following these Terms. You agree not to:
1. Use the Services for any illegal, fraudulent, or unauthorized purpose;
2. Interfere with the functionality or security of the Services;
3. Attempt to gain unauthorized access to any part of the Services;
4. Use scraping tools, spiders, or bots to extract data;
5. Impersonate any person or entity.
9. Use of Trademarks
All trademarks, service marks, logos, trade names, and branding displayed on the Services are the proprietary property of Tropical Juice Bar or their respective owners. You may not use any such trademarks without our prior written permission.
10. Intellectual Property Enforcement
You may not modify, reproduce, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, or sell any information, software, products, or services obtained from the Services without prior written consent from Tropical Juice Bar.
11. Copyright Infringement
We respect the intellectual property rights of others. If you believe any content available through our Services infringes your copyright, please contact us at legal@tropicaljuicebar.com with all necessary documentation.
12. Legal Compliance
You agree to comply with all local, state, federal, and international laws applicable to your use of the Services, including those related to data privacy, marketing communications, and consumer protection.
13. Submissions and Feedback
Any suggestions, ideas, or feedback you provide to us regarding the Services shall become our property. We may use such submissions for any purpose without acknowledgment or compensation to you.
14. Children’s Access
The Services are intended only for users over the age of 13. Users under 18 must have parental consent. We do not knowingly collect personal information from children under 13. If we discover we have collected information from a minor without verification of parental consent, we will delete it promptly.
15. Prohibited Conduct
In addition to the previously mentioned restrictions, you agree not to:
1. Upload or distribute content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable;
2. Transmit any viruses, malware, or harmful code;
3. Violate the rights of any third party;
4. Attempt to bypass any security or access control features.
16. Disclaimer of Warranties
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TROPICAL JUICE BAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD 100).
18. Indemnification
You agree to indemnify, defend, and hold harmless Tropical Juice Bar, its affiliates, officers, directors, employees, contractors, and agents from and against all claims, liabilities, damages, judgments, losses, costs, expenses, or fees arising from or related to your use of the Services or your violation of these Terms.
19. Third-Party Content and Links
The Services may contain links to or content provided by third parties. These links are provided for your convenience only. Tropical Juice Bar is not responsible for the content or practices of any third-party website or service.
20. Linking to the Site
You may not link to our Site or Services without our prior written permission. If permission is granted, it may be revoked at any time at our sole discretion.
21. Use Outside the United States
The Services are intended for use within the United States. If you access the Services from outside the United States, you do so at your initiative and are responsible for compliance with all applicable local laws.
22. Termination and Suspension
We may suspend or terminate your access to the Services for any reason, including violation of these Terms or applicable law. Upon termination, all licenses granted to you under these Terms will cease immediately.
23. Law Enforcement Cooperation
We will cooperate with law enforcement authorities as required by applicable law. You consent to such cooperation and waive any claims arising from our compliance.
24. Dispute Resolution and Arbitration
All disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) following its Consumer Arbitration Rules. Arbitration shall take place in the State of New Jersey. YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Either party may seek equitable relief in court to prevent unauthorized use of intellectual property or confidential information.
25. Governing Law and Jurisdiction
These Terms shall be governed by and construed under the laws of the State of New Jersey without regard to its conflict of law rules. Any legal action not subject to arbitration shall be brought in the state or federal courts located in New Jersey, and you consent to personal jurisdiction in such courts.
26. Entire Agreement
These Terms, together with our Privacy Policy and any additional legal notices, constitute the entire agreement between you and Tropical Juice Bar regarding the Services and supersede any prior agreements.
27. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
28. New Jersey Consumer Rights
To the extent any provision of these Terms conflicts with the rights of consumers under New Jersey law, such provisions shall not apply. Nothing in these Terms shall limit your rights under applicable New Jersey consumer protection statutes.
29. Contact Us
Tropical Juice Bar
Attn: Legal Department
Email: info@tropicaljuicebar.com