OrganicAvenue makes no claims whatsoever as to the effect upon your health of its products. The descriptions of its products are provided solely to facilitate discussions with your physician or other healthcare provider (“Healthcare Professional”). No information we provide is meant to substitute for medical advice from a properly licensed Healthcare Professional. We suggest that you provide a thorough description of any products you plan to purchase from OrganicAvenue to your Healthcare Provider and obtain his or her advice before purchasing or using such products.
DISCLAIMER OF WARRANTY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND YOUR CONSUMPTION OF FOOD, BEVERAGES OR OTHER PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THE INFORMATION, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE FREE OF HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
(a) You understand and acknowledge that your consumption of the food and beverage products sold by OrganicAvenue may cause illness, personal injury or death, that such products may become adulterated, may contain harmful ingredients and may cause allergic reactions. You represent that you have independently investigated the advisability of consuming unpasteurized juices, raw foods, and the specific products sold by OrganicAvenue, and have consulted your Healthcare Professional in that regard.
(b) You also represent that you have read this entire waiver and liability release, or had it read to you, that you fully understand it and that you intend to relieve OrganicAvenue, its officers and employees and its successors and assigns from any and all liability for personal injury, property damage or wrongful death caused by negligence or any other cause.
(c) Notwithstanding any other provision in this Agreement, you agree that OrganicAvenue’s liability to you for any reason shall not exceed the amount you pay to OrganicAvenue for its products and that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final binding arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.