Terms & Conditions

 

GENERAL DISCLAIMER

Cold off the Press offers unpasteurized juices that may contain harmful bacteria that can cause serious illness in children, persons with weakened immune systems, and the elderly. Our facility stores a variety of nuts and legumes; anyone with allergies to these items should avoid Cold off the Press. The products and the information provided about specific products on or through this site as well as product labeling or packaging have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. You should consult with a healthcare professional before making drastic changes to your diet, or in regards to supplements, especially if you are pregnant or if you have or suspect you might have a health problem.It is important to have realistic expectations. The descriptions of our products are provided to assist you in discussions with your health care professional. We make no claims regarding the effect upon your health by using our products. Before committing to any new diet plan with the use of our products, we must advise you to consult with your health care professional.

Delivery Information
Cold off the Press offers a delivery service to transport products to customers. Products that are not picked up and refrigerated upon delivery are not responsible by Cold off the Press. By ordering for delivery, you understand that you are ordering a perishable product that requires immediate refrigeration. Orders placed for delivery must have contact information to reach the delivery destination and delivery recipient. Cold off the Press is not responsible for products left out to spoil.

 

Return Policy

Cold off the Press is unable to accept returns of unopened products once sold due to their perishable nature. Due to the strict storage guidelines, we are unable to verify if any products intended to be returned were kept at correct temperatures once they have left our facilities, and therefore cannot guarantee they are still fresh and safe to drink according to their “use by” date. If you are unhappy with the product(s) you have purchased, we strongly advise you to visit our storefront and one of our associates will be able to help and assist you.

 

TERMS OF SERVICE

1. Basic Terms

Welcome to the website for Cold off the Press (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). The Terms constitute a legal agreement between Cold off the Press LLC (collectively “us” or “we” or “our”) products, services, and site. If you do not agree to these Terms, you may not use this website.

From time to time we may change or revise these Terms without notice. By continuing to use this Site, you agree to be bound by such changes. If any change is unacceptable to you, your only remedy is to discontinue the use of our Site.

2. Privacy Policy

All uses of personal information will be in harmony with our Privacy Policy, which is made part of these Terms. You may be requested to create an account that is password protected on certain pages of our Site. You are solely responsible for the protection and security of your password.

3. Access to Your Account

Any information regarding your account on our Site may be accessed or disclosed as may be required by regulatory or governmental entities in response to inquiries in association with investigations or to comply with applicable law, rules, regulations, orders, subpoenas, or other legal processes. In addition, information may be accessed if it is determined necessary or appropriate for the purposes of national security, law enforcement, or other issues of public importance.

Collected Information

“Personal information” is detailed information that can be used to identify an individual person (you), such as your name, mailing address, telephone number, fax number, and email address. We may also collect non-personal information – detailed information in a form that does not permit identification of any specific individual person (you), such as

your domain name, occupation, language, zip code, and area code.

Use of Collected Information

From time to time, we will use your personal information to send important notices; such as communications about the services we provide to you and changes to our terms and conditions. As is true of most websites, we gather some information automatically and store it in log files. This information may include Internet Protocol (IP) addresses,

browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and click stream data. Domain name information that we collect is not used to personally identify you. It is used to measure viewer statistics, such as the number of viewers that visit the site, pages viewed, etc. We use this information to measure the use of our site, and to improve the content of our site. We may collect, use, transfer, and disclose non-personal information for any purpose.If we combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Security of Collected Information

We maintain strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those of our employees who need to know the information to respond to your inquiry or request. Employees who misuse personal information are

subject to disciplinary action.

4. Your Content

Third Party Content: You are solely responsible for the content if you choose to post content (“Your Content) to this Site. However, we reserve the right to remove Your Content if we believe Your Content may create liability for us or for any other practical purpose.

You represent and warrant that Your Content (a) does not infringe on any third party’s legal standing. You hereby grant to us a worldwide, perpetual, irrevocable, royaltyfree right, sublicensable through multiple tiers of sublicensees, to exercise all copyright rights with respect to Your Content in any media now known or not currently known. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.

5. Conduct

You may not duplicate, copy, sell, resell, or reproduce for any commercial purposes, any portion of this Site, access to this Site, or use of this Site.

6. Trademark Information

Names, logos, and other materials displayed on our Site and in connection with our services constitute trademarks, tradenames, service marks or logos (“Marks”) owned or registered by us or by other third parties. You are not authorized to use or register any such Marks. Ownership of all such Marks and the goodwill associated remains with us or those other third parties.

7. Copyrights and Restrictions on Use

The content on our Site (“Our Content”), including without limitation, text, software, photos, music, sound, databases, graphics, and code is copyrighted by us and/or our licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our

licensors. Our Content may not be reproduced, copied, modified, sold, transmitted, posted, republished, redistributed, or offered for sale in any way without our prior written permission of us and of our applicable licensors. The only exception to this is that you made download one copy onto a single computer for personal and

noncommercial use.

8. License to use the Site

You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Site exclusively in accordance with these Terms, as they may be amended from time to time. You may not use our Site for any other purpose. You may not (and may not permit anyone else to) obtain information of this Site that includes but is not limited to copying, reverse-engineering, disassembling, or make derivative works of our Site or any part thereof. This license shall terminate when your use of the Site is terminated for whatever reason.

9. Disclaimer of Warranties

This Site, its contents, functions and all information, products and services contained in or offered through this site are provided on an ‘as is’ and ‘as available’ basis without representations or warranties of any kind. Cold off the Press LLC expressly disclaims all such representations and warranties, either express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or noninfringement and any implied warranties arising from course of dealing or course of performance. Cold off the Press LLC does not warrant that this Site or its contents will be complete, accurate, timely, uninterrupted, and secure or error free, or that defects will be corrected. All information on the Site is subject to change without notice. Some jurisdictions do not allow the exclusion of certain warranties so some of the above exclusions may not apply to you.

Termination

You agree that we, in our sole discretion, may terminate your use of the Site without prior notice if we believe that you have violated or acted inconsistently in relation to these Terms. You agree that we are not liable to you or any third party for your terminated access to this site.

Links

A link to another location or site is for your convenience and does not signify our endorsement of such other location or site or its contents. We will not be liable for any information found at any other website.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMISSIBLE UNDER RELEVANT LAW, IN NO EVENT WILL WE OR OUR OFFICERS, PERSONNEL, MANAGERS, SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOMES, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE DAMAGES (EVEN IF SUCH PARTIES WERE COUNSELED OF, TOLD OF OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES), SUBSEQUENT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THE SITE.

Exclusion and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.

Product Information

Most of our products displayed at the Site are available in our stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in our stores and vise-versa. The prices displayed at the Site are quoted in U.S. Dollars and are effective only in the United States.

Delivery Information
Cold off the Press offers a delivery service to transport products to customers. Products that are not picked up and refrigerated upon delivery are not responsible by Cold off the Press. By ordering for delivery, you understand that you are ordering a perishable product that requires immediate refrigeration. Orders placed for delivery must have contact information to reach the delivery destination and delivery recipient. Cold off the Press is not responsible for products left out to spoil.

Indemnity

You agree to defend, indemnify and hold us, our affiliates, subsidiaries, personnel, licensors, and partners harmless from any claim or demand, including practical attorneys’ fees, made by a third party, relating to or arising from: (a) your access to or use of the Site; (b) any violation by you of any of the provisions these Terms; or (c) your violation of any rights of any other person or entity. This obligation shall survive the dissolution or expiration of these Terms and/or your use of the Site.

Governing Law

These Terms and our relationship between you and us shall be governed by the laws of the State of North Carolina as applied to agreements made, entered into and performed entirely in North Carolina by North Carolina residents, notwithstanding your or our actual place of residence. All lawsuits arising out of the Terms or out of your use of the Site shall be brought in the Federal or state courts located in Raleigh, North Carolina, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous

The Terms establish the whole and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Site, overriding any prior covenants or negotiations between you and us with respect to the subject matter hereof. Our failure to practice or enforce any right or provision of the Terms shall not form a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ purposes as mirrored in the provision, and that the other provisions of the Terms remain in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

Cookies

Our web pages may utilize “cookies.” These “cookies” allow us to better understand user behavior, recognize you as a prior user, determine which pages you have previously seen, and facilitate and measure the effectiveness of advertisements and web searches. We also use cookies to deliver content to you that you might be particularly interested in. We cannot determine your identity from our use of cookies.