TERMS AND CONDITIONS

Effective Date: January 1, 2025
Last Updated: January 1, 2025

Please read these Terms and Conditions (“Terms”) carefully before accessing or using the website located at https://optimisticjuice.com (the “Site”) or engaging with any services, products, or communications provided by OPTIMISTIC JUICE LLC (“OPTIMISTIC JUICE,” “we,” “us,” or “our”).

By visiting the Site, placing an order, submitting a wholesale inquiry, or otherwise using our services (collectively, the “Services”), you agree to be legally bound by these Terms. If you do not agree, you must not use our Site or Services.

1. Account Use & Responsibility

To access certain features, you may be required to create an account or submit personal/business information. You agree to provide only accurate and up-to-date information and to keep your login credentials secure.

You are solely responsible for all activities that occur under your account. OPTIMISTIC JUICE is not liable for any unauthorized activity resulting from your failure to safeguard login credentials.

2. Ownership and Intellectual Property

All content on the Site—including product images, branding, copy, logos, packaging designs, proprietary product formulas, and marks such as “OPTIMISTIC JUICE™”—are the exclusive intellectual property of OPTIMISTIC JUICE LLC or its licensors.

You may not reproduce, distribute, publicly display, modify, reverse engineer, or commercially exploit any portion of our content without our prior written consent. Any unauthorized use may result in legal action, including injunctive relief and monetary damages.

3. Wholesale & Licensing Restrictions

Use of our branding, packaging language, or product designs for resale, white-labeling, or co-branding requires a formal wholesale or licensing agreement.

Unauthorized reselling, product imitation, misleading product labeling, or use of our trademarks or likeness in any promotional material is strictly prohibited. Violators may be subject to immediate contract termination, forfeiture of sales, and enforcement under applicable federal and Hawai‘i state laws.

4. Third-Party Services & Links

Our Site may link to third-party platforms (e.g., payment processors, delivery providers, social media sites). These links are provided for convenience and do not imply endorsement. OPTIMISTIC JUICE is not responsible for third-party terms, content, or practices.

You assume all risk when interacting with third-party services. Review their terms independently.

5. Termination & Enforcement

We reserve the right to suspend or permanently terminate your access to the Site or Services for any reason, including violation of these Terms, misuse of our products or brand, or suspicious activity.

Upon termination, all rights and licenses granted to you will cease immediately. Terms related to intellectual property, dispute resolution, disclaimers, and limitations of liability will survive termination.

6. Disclaimers of Warranty

Our Services and products are provided “as is” and “as available,” without any warranties—express or implied. We do not guarantee uninterrupted access, merchantability, fitness for a particular purpose, or completeness of any content on our Site.

You assume all risk for the use of our Services. No information or advice provided by us constitutes a warranty.

7. Limitation of Liability

To the fullest extent permitted by law, OPTIMISTIC JUICE LLC shall not be liable for any indirect, incidental, punitive, or consequential damages—including but not limited to loss of profits, data, or business opportunity—arising from your use of the Site or Services, even if advised of the possibility of such damages.

8. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Hawai‘i. Any disputes shall be resolved exclusively in the state or federal courts located in Hawai‘i County, and you consent to personal jurisdiction in those courts.

9. Modifications to Terms

We may revise these Terms at any time without prior notice. Updates become effective immediately upon posting. Your continued use of the Site or Services constitutes your acceptance of the updated Terms.

For material changes, we will provide notice via the Site or email when appropriate.

10. Contact

For questions regarding these Terms, contact:

OPTIMISTIC JUICE LLC
Email: support@optimisticjuice.com
Website: https://optimisticjuice.com