General Terms and Conditions
CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE ATTENTION: This is a legal agreement (the “Agreement”) between You, the individual, company or organization (“you”, “your”, “The Customer” or “Customer”) and Total Body Wellness (“we”, “our”, “The Company” or “Company”). By ordering, accessing, using or purchasing any product (“Product”) through this website or related websites (collectively the “Website”), you are agreeing to be bound by, and are becoming a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
To contact The Company with billing, fulfillment or any other inquiry associated with The Company products, please call The Company at:
We will gladly accept returns and issue full refunds (less shipping and handling), no questions asked – for returns received within 30 days of the order date where no promotion was redeemed (i.e., Rebate or Trial Promotions). For regular offers where the full product price is paid (not including Promotional Discounts, Rebate Promotions or Trial Promotions), simply contact a Customer Service Representative to receive return instructions and self-addressed, prepaid postage. If you purchased a product through redeeming a Promotional Offer (Rebate Promotions or Trial Promotions), and you wish to return the product, we will gladly exchange your item for another of equal or lesser value or issue you a Merchandise Credit which can be used at our main store for the full value of your purchase price for use at your leisure. All customers shall be responsible for shipping and handling fees.
Please note that we cannot process packages marked “Return to Sender” or “Refused”. All returned packages require a Return Merchandise Authorization (RMA) number to ensure accurate processing of your return to your account. RMA numbers can be obtained by calling our Customer Support Team.
Returned Products must be sent to the following address:
Attn: PRODUCT RETURNS
Clearwater, FL 33757
We are not responsible for lost, stolen or damaged items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
If you have received an order that was damaged, please contact a Customer Service Representative for a Return Authorization Number, and an immediate replacement will be sent out at no additional charge, once your returned item is received.
The Site and The Company Products are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. Promotional offers are limited to one household.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It is our general policy that orders are shipped out within 48 hours of initial order date, providing that Post Carriers are operating in relation. Shipment prices are included within the purchase price unless otherwise disclosed. Pricing includes standard post delivery and estimated time from shipment to receipt of product is between 2 to 5 days for transit. For specific information on a package or purchase delivery, please contact customer care at the number provided through the Contact Us link.
We recognize the importance of maintaining the utmost security and confidentiality of our customer’s information. In addition to internal policies and procedures designed to safeguard customer information, we prohibit those we do business with from any reuse of that information for purposes other than those intended by us.
For purposes of this notice, customer information means personally identifiable information about a consumer who has a relationship with us.
Accordingly, we have adopted the following:
Customer Information Security and Confidentiality
We take a number of steps to ensure that customer information is adequately safeguarded. These steps include the following: 1) implementing a number of physical and electronic security features to prevent unauthorized access; 2) limiting employee access to customer information; and 3) conducting periodic reviews of our computer systems, including security features. Additionally, our employees are required to acknowledge their responsibility to maintain the confidentiality of customer information.
How We Collect Customer Information
We collect customer information about you that: 1) we receive on applications to us for our products and services; 2) we receive from processing your accounts with us and the transactions in those accounts, as well as providing services to you; 3) we receive about you from our affiliated companies; and 4) we receive in response to requests made to third parties about you or to confirm information that you have provided to us.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, to administer the site, to track how visitors interact with the site.
Web Beacons We may use web beacons (invisible images often referred to as pixel tags or clear GIFs) on our sites in order to recognize users, assess traffic patterns, identify preferred content and measure site engagement. We may also include web beacons in our e-mail messages, including newsletters, in order to count how many e-mail messages have been opened.
We also use a reputable third party to collect information, including hrough the use of web beacons, browser cookies and other tracking technologies. This data is collected in the aggregate, but may include or be associated with other non-personally identifiable information or personally identifiable information that users have voluntarily submitted.
How We Use Customer Information
Our primary goal in collecting user information is to enhance your experience with us and on our websites.
How We Disclose Customer Information
We may disclose some or all of the customer information we collect about you under the following circumstances: 1) to verify or complete a transaction; 2) to verify the existence and condition of your account for a third party, such as another financial institution; 3) to a third party who performs functions on behalf of our Clients (i.e. a custodian or other broker-dealer); 4) to comply with laws, regulations, or a court or government order or request, such as in response to a subpoena or a request by an SEC/NASD examiner; 5) to inform you of our other products or services; 6) if you or any authorized person on the account gives us oral or written permission to do so; or (7) to verify the accuracy of information that you have provided to us.
Protecting Your Information
There are a number of steps you can take to protect your information, including 1) before you reveal any personally identifying information, find out how it will be used and whether it will be shared with others; 2) pay attention to your billing cycles and follow up with creditors if your bills don’t arrive on time; 3) guard your mail from theft; 4) deposit outgoing mail in post office collection boxes or at your local post office; and, 5) put passwords on your credit card, bank and phone accounts. If you suspect that your personal information, including social security number or account information has been misappropriated to commit fraud or theft please contact: 1) the fraud departments of each of the three major credit bureaus; 2) the creditors for any accounts that have been tampered with or opened fraudulently; and 3) your local police or the police in the community where the identify theft took place. You should also contact the Federal Trade Commission (FTC) at 1-877-IDTheft or at www.consumer.gov/idtheft.
CHANGES TO TERMS & CONDITIONS
The Company retains the right to change the terms and conditions pertaining to any and all products and prices contained herein without prior implication or notice. Upon prior written notice to you (with e-mail sufficing), The Company reserves the right to lower their respective pricing or billing practices whenever necessary, in their sole discretion. If you do not agree with these changes, you may cancel your Account.
You agree to indemnify and hold The Company, their parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; (c) your use of The Company Products; (d) any dispute between you and The Company; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of The Company, parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
The site, any information contained therein and/or any of The Company products are provided to you on an “as is” and “as available” basis and all warranties, expressed and implied are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular but not as a limitation thereof, The Company makes no warranty that the site, any information contained therein and/or any of The Company products: Will meet your requirements; Will be uninterrupted, timely, secure or error-free or that defects will be corrected; Will be free of viruses or other harmful components; Will have security methods employed that will be sufficient against interference with your enjoyment of the site, or against infringement; Will result in any specific weight loss benefit or other health-related outcome; Will be accurate or reliable. The site, any information contained therein and/or any of The Company products may contain bugs, errors, problems or other limitations. The Company will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from The Company or otherwise through or from the site, shall create any warranty not expressly stated in the agreement.
LIMITATION OF LIABILITY
You expressly understand and agree that The Company shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, date or other intangible losses (even if The Company has been advised of the possibility of such damages), to the fullest extent permissible by law for:
The use or the inability to use the site, any information contained therein and/or any of The Company products; The cost of procurement of substitute goods and/or services resulting from any goods, data, information, content and/or any of The Company products purchased or obtained from or through the site;
The unauthorized access to or alteration of your registration data; The failure to realize any specific weight loss, benefit or other health-related outcome Any other matter relating the site, any information contained therein and/or any of The Company products. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release The Company from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of The Company to you under any and all circumstances will be up to hundred ($100.00) dollars. No action, regardless of form, arising out of your use of the site, any information contained therein and/or any of The Company products may be brought by you or The Company more than one (1) year following the event which gave rise to the cause of action. Access to the site would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions, The Company liability shall be limited to the maximum extent permitted by law.
The Agreement shall be treated as though it were executed and performed in Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against The Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that The Company incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and The Company and governs your use of the Site. The Company failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
The information presented on the Site is in no way intended as medical advice or as a substitute for medical treatment. Nothing stated or presented on the Site is intended to be a substitute for professional medical advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other health care professional before taking any medication or nutritional, herbal or homeopathic supplement, beginning any diet, nutrition or fitness plan or adopting any treatment for a health problem, whether offered on the Site or otherwise. Your physician should allow for proper follow-up visits and individualize your diet, nutrition and/or fitness plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. For any products and/or services purchased through the Site, you should carefully read all product packaging and instructions. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site. Information and statements regarding products and/or services made available on or through the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.