Terms & Conditions
By agreeing to these terms you acknowledge and hereby authorize Jet Pack Nutrition to set up recurring credit card billing for your weekly Lifestyle meal plan. In addition if you have chosen to make a single item purchase you authorize Jet Pack Nutrition to bill your credit card for your order on a one time basis. IF IT IS A SINGLE PURCHASED ITEM YOU WILL NOT BE SET-UP FOR RECURRING BILLING.
Terms and Conditions of JetPack Nutrition.
Welcome and thank you for visiting JetPackNutrition.com (“Site”) or our mobile application (“App”) and our Terms and Conditions (“Terms”).
PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTION 5.3 DETAILING THE AUTO-RENEWAL SUBSCRIPTION LANGUAGE, SECTION 21.1 RELATED TO ALLERGENS, AND SECTION 24 RELATED TO BINDING ARBITRATION. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE JETPACK NUTRITION OFFERINGS IN ANY MANNER OR FORM.
JetPack Nutrition (“JetPack,” “We,” “Our,” “Us” or “Company”) operates this Site. You agree to be bound by the following Terms, in their entirety, when you: (1) Use, access, or visit the Site; (2) Purchase or receive any good or service offered through the Site, including, but not limited to, JetPack Nutrition’s Subscription Service as defined in Section 5 (“Products”); (3) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site (“Content”); (5) access links to or view JetPack’s social media pages or accounts on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”); (6) Purchase, redeem, or sign up to receive or send JetPack Nutrition gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both) (“Gift Cards”) or Trial Offers, Sweepstakes, Contests, or Promotions(“Vouchers”, as defined in Section 9).
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
- INFORMATION ABOUT US
JetPack Nutrition, is a general corporation incorporated in the State of Florida with general corporate offices at:
9965 San Jose Blvd, Suite 32
Jacksonville, FL 32257
- SERVICE AVAILABILITY AND YOUR STATUS
The Site and Offerings, are intended for use by individuals in Jacksonville, Florida (“Serviced Cities”). At this time, we do not accept orders from individuals outside the Serviced Cities. As such, by placing an Order through our Site, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old; (3) Are a resident of a Serviced City; and (4) Are accessing the Site from a Serviced City.
The latest Terms will be posted on the Site, and you should review the Terms prior to using any Products offered by JetPack and from time to time thereafter. By your continued use of JetPack, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms in effect at the time you access any Offerings offered by JetPack (other than for changes to the price/billing or dispute resolution pursuant to the preceding paragraph). All other amendments or modifications to the Terms shall be effective immediately upon publication on the Site.
- ACCOUNT CREATION
In order to utilize specific features on the Site, individuals will need to create an account with JetPack. Should you create an account with JetPack, you agree to: (1)provide the accurate and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; and (3) notify us as soon as possible either at firstname.lastname@example.org or call (904) 619-3043 if you believe there have been any breaches to the security of the Site or your account information.
- JETPACK’S SERVICES
JetPack’s Subscription Service. Our Subscription Service is an automatic, recurring weekly subscription to JetPackProducts (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from (“Plan”). Each week you will receive a package from JetPack (your “Meal Pack”), including the contents of your chosen Plan (a specific number and type of “Meals”). You can find specific details regarding your Plan and the JetPack Service by accessing your account details via the Site.
Auto-Renewal Feature. THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. JETPACK MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE DEACTIVATION PROCEDURES IN SECTION 10.3) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE JETPACK REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR JETPACK ACCOUNT, EMAIL email@example.com or call (904) 619-3043.
ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED,SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE DEACTIVATION NOTICE PERIOD, AS DEFINED IN SECTION 10.3. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
FURTHERMORE, FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU CAN LOG ON TO YOUR ACCOUNT TO DEACTIVATE YOUR SUBSCRIPTION OR EMAIL at firstname.lastname@example.org AND WE WILL DO IT FOR YOU. FULL DETAILS FOR DEACTIVATION PROCEDURES ARE IN SECTION 10.3 OF THESE TERMS. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.
Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the Service in accordance with these Terms. All prices shown on the Site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes or other fees may vary geographically. The receipt of meals by you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with the Term’s Deactivation policies, found in Section 10.3.
Plan Add-Ons. Different features and other customized options may become available in addition to your plan, including, but not limited to, premium options, new product add-ons, and modified shipping options. These may change the price of your plan on a recurring basis. Should you have any questions about any of the options available under your plan, please visit www.jetpacknutrition.com, email email@example.com or call (904) 619-3043.
- DELIVERY& PICK-UP
JetPack Delivery and Pick-Up. JetPack’s “Delivery Days” are Wednesday and Friday. JetPack’s “Pickup Days” are Wednesday, Thursday and Friday.
Rolling Basis of Meal Selection. You have the option of selecting the day youwould like to receive your Meal Pack. The day you select to receive your first Meal Pack will be the default. In subsequent weeks, if you do not make a change, your Meal Pack will arrive on the day you initially selected every week (unless you pause your order, pursuant to these Terms, or there are extenuating circumstances, detailed in these Terms). If you choose to have your delivery on another day for a specific week, that day will become the default, and subsequent weeks will have your Meal Pack arriving on the newly selected day.
Please note that the specific days in which a Meal Pack can be deliveredvaries by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Care at firstname.lastname@example.org or call (904) 619-3043.
Deactivation Procedures. Please note that the ability to change an order locks the Friday prior to your scheduled delivery or pick-up date. Therefore, if you wish to deactivate your account, you must do so before the day and time listed above for your respective delivery date. For example, if you have a scheduled delivery or pick-up date on Wednesday-Friday, you have until the previous Friday at 11:59 PM EST to cancel your subscription. If you do so after the time listed for your delivery day, you will be charged and receive your Meal Pack for that week, and the cancellation will take effect for the following Delivery Week.
Furthermore, to deactivate your account, please email@example.com stating that you wish to terminate your account, along with your full name and registered email address. Alternatively, you can deactivate your subscription by accessing your account page on the Site, and submitting the cancellation form in Account Settings.
Take A Week Off. During any production week, Customer has the option of “taking a week off” or pausing their Meal Pack. In order to do so, log on to your account page on the Site, go to the Subscription page, view your subscription, select “Take a Week Off” button. You will not be charged for any week in which your order is Paused. Please note that this action cannot be taken for any scheduled order which has already “Locked,” pursuant to Section 7.2. Additionally, pausing an order shall only apply to the week in which you pause, and automatic deliveries will commence the following week, unless you choose to pause the following week, subject to the details, above.
Delivery Specifics. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Meal Pack is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion, or refund of a part or the whole of the purchase price for that Meal Pack.
Pick-Up Specifics. <DO YOU WANT ANYTHING HERE>
- FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
- RETURN AND REFUND POLICY
In the event that you are unhappy with any part of your Meal Pack, or a specific Meal, you can reach out to us at firstname.lastname@example.org or call (904) 619-3043. Please do so within five (5) days of the date you received the unsatisfactory item. If related to condition of a Meal Pack, we may give you credit for the individual ingredient or Meal Pack, and in some situations, issue a partial or full refund for the Meal. We reserve the right, however, to require either the return of the unsatisfactory Meal, or a photograph of such, before any partial/full refund or credit will be issued.
You agree to defend, indemnify and hold harmless JetPack, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify JetPack of any third-party claims, cooperate with JetPack in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and JetPack.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING HEATING), AND CONSUMPTION OF THE CONTENTS OF THE MEAL PACKS. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL PACKS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN JETPACK’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE JETPACK TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEAL PACKS MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. JETPACK DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT JETPACK IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A MEAL.
Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL PACKS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE AT THE TIME OF YOUR ORDER.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
- LIMITATION OF LIABILITY; RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JETPACK, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORSEEABLE.
ADDITIONALLY, IN NO EVENT SHALL JETPACK BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO,ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM JETPACK, OR FROM EVENTS BEYOND JETPACK’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS,BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE JETPACK PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH JETPACK PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.
- MODIFICATIONS TO THE SITE AND PRODUCTS
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
- DISPUTE RESOLUTION & BINDING ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH JETPACK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration Is Binding. YOU AND JETPACK ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND JETPACK ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR OFFERINGS THROUGH THE SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Preliminary Resolution Attempts. You agree to notify JetPack within forty-five (45) days of the occurrence or alleged occurrence of any dispute that could rise to become a small claim or claim that can be arbitrated according to these Terms. Notification can occur by contacting JetPack at email@example.com or by mailing us at 9965 San Jose Blvd., Suite 32, Jacksonville, FL 32257. Upon receipt of the notification, both parties shall attempt to resolve the issue within thirty (30) days. If we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration in accordance with these Terms.
Waiver of Class Actions & Class Arbitrations. To the fullest extent permitted by law, you agree to arbitration on an individual basis, and to give up any rights to bring, join, or participate in any class action or representative action with respect to any claim, dispute or controversy that you may have against JetPack. In any such dispute, NEITHER PARTIES ARE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Unless both you and JetPack agree otherwise, the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit, and to pay the attorney’s fees and court costs that JetPack incurs in seeking such relief.
This provision preventing you from bringing, joining, or participating in class action lawsuits and class arbitrations: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. The arbitral tribunal has no power to consider the enforceability of this class action and class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. You may opt-out of these dispute resolution provisions, pursuant to Section 14.5.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Arbitration Proceedings. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Opt Out Rights. You may pursue your claim in small-claims court rather than arbitration (as it pertains to Section 24) if you provide written notice of this intention within sixty (60) days of the day you agreed to (or are determined to have agreed to) these Terms. If you choose to opt out, send written notice to: Corporate HQ, JetPack Nutrition, 9965 San Jose Blvd., Suite 32, Jacksonville, FL 32257. Please include your name, contact information, and a clear statement that you would like to opt out of the provisions related to binding arbitration. Please note that, all other provisions of the Terms, including Section 25, will still apply. The Arbitration or smalls-claim court proceeding will be limited solely to your individual dispute.
- GOVERNING LAW AND VENUE
All matters relating to these Terms, your access to and use of the Site, and your order, receipt, and use of the Products, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction). Any dispute arising out of, or related to, these Terms or JetPack’s Offerings that is not subject to arbitration or cannot be heard in small claims court, shall be resolved exclusively in the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida, County of Duval. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- TERMINATION AND SURVIVAL
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, for which you have received a corresponding delivery, to the fullest extent permitted by applicable law.
- SEVERABILITY AND WAIVER
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by JetPack of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms and any document expressly referred to in them constitute the whole agreement between you and JetPack, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any Contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of JetPack. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.