Terms of service
Terms of Service
PLEASE READ THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS “AGREEMENT”) CAREFULLY BEFORE USING THE REJUVENATE MUSCLE HEALTH™ (DRINKREJ) WEBSITE. These terms of use are a binding contract that governs use of the drinkrej website, limits liability of Promino Nutritional Sciences Inc., and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions.
Each time you access or use the drinkrej website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these terms of service and use. If you do not agree with these terms of use, you may not access or use the drinkrej website.
· Your Acceptance of these Terms of Service
These Terms of Use are a legal agreement between you and drinkrej (“Rejuvenate Muscle Health”) regarding your access to and use of the drinkrej website located at drinkrej.com and all content, information, products, and services available on or through the website (collectively, the “Website”). The Website is the property of Promino Nutritional Sciences Inc., and its licensors.
Each time you access or use the drinkrej Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms of Service. If you do not agree with these Terms of Use, you may not access or use any aspect of the Website.
These Terms of Service are in addition to any other agreement you may have with drinkrej, including an agreement for your purchase of Rejuvenate Muscle Health products or services.
· Changes to these Terms of Service
Drinkrej (Rejuvenate) may in its discretion change these Terms of Service at any time, without any prior notice to you, by posting the changed Terms of Service on the Website. The changed Terms of Service are effective immediately upon posting. It is your responsibility to check the “Last Updated” date at the top of these Terms of Service and review any changes since the last version. By using the Website after these Terms of Service have been changed, you signify your acceptance and agreement to the changed Terms of Service. You may not change, supplement or amend these Terms of Service in any manner.
· Permissible Use
The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Service and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, cataloged, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of drinkrej (Rejuvenate Muscle Health).
You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by drinkrej (Rejuvenate Muscle Health) in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Service.
· Other Terms and Conditions
Additional terms and conditions and policies (collectively, the “Other Terms and Conditions”) apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website.
Drinkrej (Rejuvenate Muscle Health) may in its discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting changed Other Terms and Conditions on the Website. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the “Last Updated” date at the top of these Terms of Service and review any changes since the last version.
The Other Terms and Conditions are incorporated into and form part of these Terms of Service by this reference. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms of Service, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply.
· Ownership of Website and Content
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by drinkrej (Rejuvenate Muscle Health) and its licensors, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content
· Your Information
You will ensure that all information you provide to drinkrej (Rejuvenate Muscle Health), through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. Drinkrej (Rejuvenate Muscle Health) will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, drinkrej (Rejuvenate Muscle Health) or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
· Communications
You authorize drinkrej (Rejuvenate Muscle Health) to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.
Communications you send to drinkrej (Rejuvenate Muscle Health) are not effective unless and until they are processed by the responsible drinkrej (Rejuvenate Muscle Health) representative. Drinkrej (Rejuvenate Muscle Health) may refuse to process any communications sent to drinkrej (Rejuvenate Muscle Health), or may reverse the processing of any communications sent to drinkrej (Rejuvenate Muscle Health), at any time in our discretion, and without any notice or liability to you or any other person, including if drinkrej (Rejuvenate Muscle Health) believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
· Personal Information Privacy
Drinkrej (Rejuvenate Muscle Health) collects personal information and non-personal information from users of the Website. Drinkrej (Rejuvenate Muscle Health) Privacy Policy is available online: /policies/privacy-policy
· Misprints and Errors, Product Availability and Prices
Drinkrej (Rejuvenate Muscle Health) endeavors to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Drinkrej (Rejuvenate Muscle Health) cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and does not warrant that the content of the Website (including product descriptions, photographs, and colors) is accurate or complete. Please note that your monitor might not accurately display product colors.
Drinkrej (Rejuvenate Muscle Health) reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in United States & Canadian dollars.
· Trademarks
DRINKREJ.COM, DRINKREJ.CA, REJ, PROMINO, REJUVENATE MUSCLE HEALTH, REJUVENATEMUSCLE.COM, REJUVENATEMUSCLE.CA and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Promino Nutritional Sciences, Inc. and its affiliates. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
· Accounts and Codes
To access and use certain features and services of the Website you must have a valid Website account and use a valid username and password (collectively “Codes”) accepted by Drinkrej (Rejuvenate Muscle Health. Accounts and Codes are personal, and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify the Rejuvenate Customer Care Team by sending an e-mail to abby@drinkrej.com if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. Drinkrej (Rejuvenate Muscle Health) will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Drinkrej (Rejuvenate Muscle Health) is not under any obligation to verify the actual identity or authority of any person using your account or Codes.
Drinkrej (Rejuvenate Muscle Health) may act upon any communication that is given through your account or by using your Codes. Codes do not restrict access by drinkrej (Rejuvenate Muscle Health) to password-protected information. Codes may not prevent unauthorized access to data or other information. Drinkrej (Rejuvenate Muscle Health) may in its discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.
Drinkrej (Rejuvenate Muscle Health) may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if drinkrej (Rejuvenate Muscle Health) is not satisfied with the proof.
· Feedback/Submissions
You agree that you will not submit to drinkrej (Rejuvenate Muscle Health) any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to drinkrej (Rejuvenate Muscle Health) (collectively “Submissions”) are deemed to be non-confidential, you automatically grant to drinkrej (Rejuvenate Muscle Health) and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favor of drinkrej (Rejuvenate Muscle Health) and its successors, assigns, and licensees any and all moral rights in the Submissions.
· Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from drinkrej (Rejuvenate Muscle Health), and drinkrej (Rejuvenate Muscle Health) does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against drinkrej (Rejuvenate Muscle Health) arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
· Prohibited Activities
Deep links to the Website without the express written permission of drinkrej (Rejuvenate Muscle Health) are strictly prohibited. Drinkrej (Rejuvenate Muscle Health) may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website.
You may not attempt to gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website. You shall not access the Website in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement (as amended from time to time).
· Disclaimers
THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY REJUVENATE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.
DRINKREJ (REJUVENATE MUSCLE HEALTH) DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN & EXCHANGE TERMS, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
· Liability Exclusions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DRINKREJ (REJUVENATE MUSCLE HEALTH) GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE REJUVENATE GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DRINKREJ (REJUVENATE MUSCLE HEALTH) TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED CAD$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY REJUVENATE OR ANY PERSON FOR WHOM DRINKREJ (REJUVENATE MUSCLE HEALTH) IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR DRINKREJ (REJUVENATE MUSCLE HEALTH) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.
THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
· Indemnity
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS DRINKREJ (REJUVENATE MUSCLE HEALTH – PROMINO NUTRITIONAL SCIENCES INC.) GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, “CLAIMS/PROCEEDINGS/LIABILITIES”) DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF DRINKREJ (REJUVENATE MUSCLE HEALTH), OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF DRINKREJ (REJUVENATE MUSCLE HEALTH), WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF DRINKREJ (REJUVENATE MUSCLE HEALTH), WHICH CONSENT MAY BE WITHHELD IN DRINKREJ (REJUVENATE MUSCLE HEALTH) DISCRETION. NOTWITHSTANDING THE FOREGOING, DRINKREJ (REJUVENATE MUSCLE HEALTH) GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.
IN THESE TERMS OF SERVICE, “DRINKREJ (REJUVENATE MUSCLE HEALTH) GROUP” MEANS DRINKREJ (REJUVENATE MUSCLE HEALTH) AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
· Changes/Termination
Notwithstanding any other provision of these Terms of Service, drinkrej (Rejuvenate Muscle Health) may in its discretion change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person.
Drinkrej (Rejuvenate Muscle Health) may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person. These Terms of Service as they apply to you are effective unless and until terminated. You may terminate these Terms of Service by permanently ceasing to use the Website and giving written notice of termination to drinkrej (Rejuvenate Muscle Health) Customer Care. Drinkrej (Rejuvenate Muscle Health) may terminate these Terms of Service at any time either by giving a notice of termination to you or by denying you access to the Website. The obligations and liabilities you incur prior to termination of these Terms of Service will survive termination. Sections 6, 7, 8, 11, 13, 15, 16, 17, 18, 20, 21 and 22 of these Terms of Service will survive termination and continue to apply and be binding upon you and drinkrej (Rejuvenate Muscle Health).
· Governing Law
These Terms of Service and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
· Dispute Resolution
(a) Arbitration: Except as expressly set forth in this section 21 and subject to section 21(c), all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Service, the Website or any related matters (collectively “Disputes” and each a “Dispute”) will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the “BCICAC”) in accordance with its rules and these Terms of Service. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Toronto, Ontario and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the Ontario Arbitration Act Shorter Rules of Procedure and, unless you and drinkrej (Rejuvenate Muscle Health) expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and drinkrej (Rejuvenate Muscle Health); and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section 21(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).
(b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in section 21(a), then subject to section 21(c) the Dispute will be resolved before the Supreme Court of Ontario sitting in the City of Toronto, and you and drinkrej (Rejuvenate Muscle Health) each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that drinkrej (Rejuvenate Muscle Health) may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Service.
(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to drinkrej (Rejuvenate Muscle Health) Customer Care Team at abby@drinkrej.com and allow drinkrej (Rejuvenate Muscle Health) at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by drinkrej (Rejuvenate Muscle Health) during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
(d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under section 21(a): (i) you or Rejuvenate may commence litigation in the Supreme Court of Ontario sitting in the City of Toronto seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and drinkrej (Rejuvenate Muscle Health) each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) drinkrej (Rejuvenate Muscle Health) may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Service.
(e) NO JURY OR CLASS PROCEEDINGS: YOU AND DRINKREJ (REJUVENATE MUSCLE HEALTH) EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR DRINKREJ (REJUVENATE MUSCLE HEALTH) IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.
· Other Matters
Subscriptions and automatic renewal
What you agree to. When you buy the 4-Week Supply or the 12-Week Supply, you start a subscription that renews automatically until you cancel. By completing checkout you authorize us to charge your payment method on each renewal date for the renewal price shown on the product page and at checkout, plus any applicable taxes and shipping.
Renewal terms. The 4-Week Supply renews every 4 weeks. The 12-Week Supply renews on the schedule and at the price stated on its product card and at checkout. Both are charged to the payment method you used at checkout.
Reminders. We email you before each renewal is charged.
Price changes. If the price of your subscription changes, we email you before the change takes effect, with enough time to cancel before you are charged the new price.
How to cancel. You can cancel online at any time from your account (Manage subscription, then Cancel), with no phone call or waiting period. You can also email abby@drinkrej.com. Cancelling stops all future charges; orders already charged are covered by our refund policy.
Skip, pause or change. You can skip a delivery, pause, change flavors or change frequency from your account before the next billing date.
Offers inside your account. We may offer a discount or a different plan when you start to cancel. You can always decline and finish cancelling in the same visit.
Failed payments. If a renewal payment fails, we retry over the following weeks and email you to update your payment method. If payment still fails, your subscription is cancelled and no further charges are attempted.
Gifts and promotions. Free items or promotional pricing on a subscription order apply to the order they are described for, unless stated otherwise.
You and drinkrej (Rejuvenate Muscle Health) are non-exclusive, independent contracting parties, and nothing in these Terms of Service or done pursuant to these Terms of Service will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and drinkrej (Rejuvenate Muscle Health). Upon request by drinkrej (Rejuvenate Muscle Health), you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Service. No consent or waiver by drinkrej (Rejuvenate Muscle Health) to or of any breach of these Terms of Service by you will be effective unless in writing and signed by drinkrej (Rejuvenate Muscle Health) or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Service, drinkrej (Rejuvenate Muscle Health) rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which drinkrej (Rejuvenate Muscle Health) may be lawfully entitled under these Terms of Service or at law, and drinkrej (Rejuvenate Muscle Health) will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Service will ensure to the benefit of and be binding upon you and drinkrej (Rejuvenate Muscle Health) and your respective successors and permitted assigns. If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Service and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Service would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Service or your rights, duties and obligations under these Terms of Service without express prior written consent from drinkrej (Rejuvenate Muscle Health), which consent may be withheld in drinkrej (Rejuvenate Muscle Health) discretion. drinkrej (Rejuvenate Muscle Health) may, without your consent, assign these Terms of Service or any of drinkrej (Rejuvenate Muscle Health) rights, duties, or obligations under these Terms of Service.
These Terms of Service and the Other Terms and Conditions together set forth the entire agreement between you and drinkrej (Rejuvenate Muscle Health) regarding the subject matter of these Terms of Service and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Service and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and drinkrej (Rejuvenate Muscle Health) regarding the subject matter of these Terms of Service and the Other Terms and Conditions other than as expressly set forth in these Terms of Service and the Other Terms and Conditions.
All rights not expressly granted by these Terms of Service are reserved by drinkrej (Rejuvenate Muscle Health).
If you have any questions or comments regarding these Terms of Service, please contact the drinkrej (Rejuvenate Muscle Health) Customer Care Team by e-mail at abby@drinkrej.com.