Please read these Terms and Conditions (“T&C”) carefully. You must agree to these T&C
before you are permitted to use the Phase it Up Program and/or Phase it Up Membership monthly subscription service, whether on a website hosted by Smart Life, Inc. or a third-party website (collectively “the Program”). Smart Life, Inc. conducts business from its offices at 51 Vantis Dr., Aliso Viejo, CA 92656.[AWB1] [AWB2]
If you do not agree with these T&C, you may not use the Program.
As used in these T&C, the term “Releasees” is defined to include the following: (i) Smart Life, Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, contractors, interviewees, expert consultants, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Chalene Johnson, Bret Johnson
This Program is intended and only suitable for individuals aged 18 and above. Some of the content in the Program may not be appropriate for children. Minors are not permitted to use the Program. The Company hereby disclaims all liability for use by individuals under the age of 18.
After enrolling in the Phase it Up Membership monthly subscription service, you will receive online access to the Program and Program materials, plus new recipes, meal plans, as well as other reference materials relating to the Phase it Up.
You may cancel your account at any time by accessing your account in the “My Membership” section or reaching out to email@example.com.
When you cancel, the Company will refrain from charging your account on the following billing cycle. Each billing cycle is thirty days, so your access will continue for the remainder of the current thirty-day period.
The Company reserves the right to suspend or terminate your subscription any time if you fail to pay amounts owing to us when due, or for any other reason in our sole discretion.
Monthly Subscription Fee
By enrolling in the Phase it Up Program, you agree to paying $14.99 monthly, or then current rate, charged monthly from your start date. For new Phase it Up Members only.
By enrolling in the Phase it Up Program, you agree to pay a one-time Enrollment Fee of $49.99 or the then current join fee displayed to you at registration. Phase it Up Membership reserves the right to periodically change the join fee amount.
Phase it Up Membership may offer, from time time, a trial period of 30 days for $1 or the then current trail period fee displayed to you at registration. Phase it Up Membership reserves the right to periodically change the trial period term and/or amount. After the end of the trial period, you agree to paying the Monthly Subscription Fee charged monthly from the end of your trial. Only available for new Phase it Up Members only.
Regular Pricing: Enrollment and Cancellation for Offer with Join Fee
By enrolling in the Phase it Up Program, you agree to pay a one-time Enrollment Fee of $49.99 (or offer shown to you) by credit or debit card. Beginning on your date of sign-up and first payment, you will receive access to the Program and its online materials for four (4) weeks.
You are automatically enrolled into the Phase it Up Monthly Subscription
After enrolling in the Phaseitup Membership monthly subscription service, you will receive online access to the Program and Program materials.
You may cancel your account at any time by accessing your account in the “My Membership” section or reaching out to firstname.lastname@example.org.
Payment and Refunds
You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise the Program will not continue and we reserve the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you choose.
You will be given a two (2) week grace period in which to re-enroll in the Phaseitup monthly subscription service. If you cancel or try to re-join after your two (2) week grace period, may only regain access to the Program by re-purchasing the Program and paying a new Enrollment Fee at then-current pricing.
Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these T&C that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Intellectual Property Rights
The Company’s Limited License to You:
If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only. You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends or family, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you money (other than by applying them generally in your own life). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any reproduction or unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Your License to the Company
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to CustomerService@131method.com.
If you are granted permission by the Company, you agree to use only the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
Your Conduct in the Program
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from the Program with anyone else
Username and Password
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification
- You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
- The Company strongly urges you to consult with your physician (or primary health-care provider) before starting the Program, or using any supplement or meal replacement product, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication, since changing your diet or exercise or losing weight, may affect some medical conditions and medications. You should also discuss your continued participation in the Program with your physician, especially if there is any change in your medical condition or if you already have a known medical condition. You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician. Although the Program was developed by respected health, nutrition, fitness and lifestyle advocates, the Company is not a medical organization and its staff cannot provide you with medical advice or diagnosis. The Program was designed to be beneficial to your health but was not intended to treat any illness or disease. The Program does not offer medical advice.
- People with certain conditions may not use the Program or should take extra precautions and follow supervision of their physicians, including, but not limited to, people who are pregnant, nursing, diabetic, morbidly obese, under 18 years of age, or have a thyroid disorder or food allergies. Certain people may need to adjust the Program to take into account their specific circumstances. For information regarding adjustments to the Program, please contact us at CustomerService@131method.com.
- You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
- The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
Consult your physician and follow all safety instructions before beginning any exercise program or nutrition plan, or using any supplement or meal replacement product, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication. The contents of this Website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. None of the content on this Website prevents, cures or treats any mental or medical condition.
- Earnings and Results Disclaimer. The Company makes no guarantees whatsoever that you will achieve any results, including earnings or weight loss results, from the information provided on the Website or otherwise by the Company. Testimonials published by the Company are independent and genuine, but they do not represent a guarantee or warranty of similar results.
You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual. Failure to follow the Program in full may result in diminished results.
- Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST 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 THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
- Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
- The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- You agree to defend, indemnify and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these T&C, (ii) any breach by you of these T&C or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
- You expressly agree that these T&C are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
The Company may change, modify or update these T&C at any time without notice. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, or would like a copy emailed to you, contact CustomerService@131method.com.
- THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on this website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health-care professional. You should not use the information on this website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.
- We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our consultants, dietitians, our employees, and others appearing on Site (at our invitation or other visitors to the Site) is at your own risk. The site is intended for healthy adults only. Subscribers must be 18 years or over.
- The use of this website does not create a professional-client relationship (including relationship between Subscribers and Registered Dietitians). Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the consultants affiliated with our web site.
- If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site.
- Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating.
- You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem.
- You should carefully read all product packaging and instructions for any products or services purchased from this Site.
- You may use the Services only if you are 18 years or older and capable of forming a binding contract with Smart Life and are not barred from using the Services under applicable law.
- If you purchase a Product subscription, you will receive regular shipments of those products based on the frequency you choose. Your subscription will continue for each subscription period until you cancel. You will be charged each subscription period for the cost of the applicable products, plus shipping, handling, and sales tax. You may make changes to or cancel your subscription at any time, as set forth below. There is no additional fee associated with the subscription, and there is no minimum purchase obligation. AUTORENEWAL AND RECURRING CHARGES APPLY. By purchasing a subscription, you agree that Smart Life (or its third-party payment processor) may charge you an initial and recurring subscription fee, without further authorization from you, at our then-current subscription rate. You accept responsibility for all recurring charges and your subscription will continue until you cancel your subscription. We will notify you before each recurring charge. There is no minimum purchase obligation. CANCELLATION. You may cancel your subscription at any time. To cancel, log in to your account and click “cancel.” You may also cancel by contacting customer service at email@example.com If you cancel before the next recurring payment is charged, then your subscription will terminate automatically and you will not be charged for any subsequent subscription period. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), we will continue to process your order; your subscription will terminate automatically after the last order is shipped. MANAGE YOUR SUBSCRIPTIONS. You can manage or make changes to your subscriptions at any time, by logging into your Phase it Up account (e.g., view the status of your subscriptions, add or reactivate a subscription). Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed. You agree that we may terminate or suspend your subscription for any reason at any time in our sole discretion. Phase it Up Products products are not intended to diagnose, treat, cure or prevent any disease.
The services offered by Smart Life are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Smart Life Inc reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers.
Your subscription will be automatically renewed and your credit card will be automatically charged, depending upon the billing terms for your account, for as long as you remain a Subscriber. You agree that Smart Life Inc will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all Smart Life Inc obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
- Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Product Purchases. You may purchase Products in our online store accessible on the Site. All Products, specifications and prices described on the Site are subject to change at any time without notice.
- (a) Payments. When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Prices. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you access the Site.
(c) Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Shipping restrictions apply (please visit www.humnutrition.com/shipping for more information). Smart Life is not responsible for taxes and/or duties or any brokerage and/or delivery fees and/or return postage applied to international shipments. We recommend that you contact your customs office to inquire about import regulations before placing an order. Smart Life will not be liable for packages refused or held for delivery. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can’t be delivered due to an address error, or orders seized by Customs.
(d) Returns. You may return Eligible Products within 21 days of the order date or subscription renewal date. If you have chosen to return a Product eligible for return you are responsible for following our return policy and returning the Product to us as soon as reasonably practicable, but in no event later than 21 days from the order date. We will not accept any returns after 21 days. Products eligible for return must be returned unused, with tags attached in their original packaging. We do not accept returns of opened products, final sale merchandise, or a Product that is specified as non-returnable in its description, unless they are faulty. Returning Products is always at your risk. If you return any Product for any reason, you must ensure that it is adequately packaged and insured. We will not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost while being returned to us.
If you return a Product to us in accordance with the return policy within 21 days of the order date, you will receive a refund which will be credited to the original payment method. Refunds will be in the amount of the Product price plus taxes, if applicable, less a $10 restocking fee for each Product returned but will not include the original shipping cost. We will process the refund due to you as soon as reasonably practicable after the Product(s) have been returned to us and, in any case, within 5 business days of our receipt of the returned Product(s). Please note that refunds can take up to ten working days to appear in your account due to varying processing times between payment providers.
We will keep a record of your order and these Customer Terms & Conditions for a period of one year after we have accepted your order. However, for your future reference we recommend that you print and keep a copy of these Customer Terms & Conditions, your order and the Confirmation of Order.
We offer a flexible return policy to make your on-line shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if Products are returned repeatedly.
Products are faulty if they are received damaged or where a manufacturing fault occurs and Smart Life is notified by Customer within 21 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable. To return a faulty or damaged Product, please follow the instructions above under “Returns.”
LIABILITY & DISPUTE RESOLUTION
- Warranty Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY TERMS, THE PRODUCTS, SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
- Indemnity. You will indemnify and hold harmless Smart Life and its officers, directors, owners, affiliates, affiliated companies, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
- Limitation of Liability.
(a) NEITHER Smart Life NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Smart Life OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL Smart Life’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Smart Life FOR THE PURCHASE OF THE PRODUCTS OR USE OF THE SERVICES OR CONTENT, AS APPLICABLE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Smart Life.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Smart Life AND YOU.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution” the exclusive jurisdiction for all Disputes (defined below) that you and Smart Life are not required to arbitrate will be the state and federal courts located in the State of California, and you and Smart Life each waive any objection to jurisdiction and venue in such courts.
- Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products, Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Smart Life agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Smart Life are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at 750 N. San Vicente Blvd, Suite 1550, West Hollywood, CA 90069 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver. YOU AND Smart Life AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Smart Life changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Smart Life’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Smart Life in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Smart Life THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
(h) Severability. With the exception of any of the provisions in Section 17(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Smart Life and you regarding the Products, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Smart Life and you regarding the Services and Content. With the exception of the Class Action Waiver, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Smart Life’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Smart Life may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Smart Life under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Smart Life’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Smart Life. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Compliance with laws. You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.
- Contact Information. If you have any questions about these Terms, the Products or the Services, please contact Smart Life at firstname.lastname@example.org.