Terms of Use

Effective Date: April 4, 2014 | Last Modification: April 4, 2014

Your access to and use of the Simple Green Smoothies website accessible at http://www.simplegreensmoothies.com (“Site”) is governed by the terms and conditions of this terms of use agreement (“Terms of Use” or “TOU”). By accessing or using the Site, you accept and agree to be bound by the Terms of Use, which may change from time to time. If you do not agree to the Terms of Use, you should not access or use our Site. If you do not comply with the Terms of Use, we reserve the right to terminate your password, user account, and/or access to this Site or any part thereof.

 

Intellectual Property

Simple Green Smoothies owns the content on the Site, including, but not limited to content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, recipes, printables, downloadable publications, sounds, music, videos, advertising copy, website layout and website “look and feel,” design, functions and software (collectively, “Content”), any and all derivative works or enhancements of the Content, the compilation, assembly and arrangement of the copyrightable material on the Site, and all intellectual property rights to the Content, including derivative works, enhancements, compilations, assembly and arrangements of the same, unless otherwise expressly stated on the Site. By accessing or using the Site and/or Content, you do not acquire any right, title or interest in the Site or the Content.

You may not copy, distribute, publicly perform, publicly display, digitally perform, or create derivative works from any copyrighted work available or accessible on the Site without our express permission.

Nothing in the Terms of Use shall be construed as granting any license or right to use Simple Green Smoothies’ trademarks, service marks, logos, slogans or taglines displayed on the Site.

 

Access and Use

Your use of the Site is intended for personal, non-commercial use only. In accessing or using the site, you agree to comply with all applicable federal, state, and local laws. Except as expressly permitted by the Terms of Use or any other applicable Simple Green Smoothies agreement or terms, you agree that you will not use, reproduce, distribute, publicly display, publicly perform, publish, transmit, create derivative works from, or otherwise unlawfully use Simple Green Smoothies’ Content.

If you purchase downloadable Content or access free downloadable Content from the Site, your access and use to such material is limited to personal, non-exclusive, non-commercial, non-assignable, non-transferrable use only.

 

Health Disclaimer

Simple Green Smoothies is a website dedicated to sharing our love for an unprocessed, whole food lifestyle that includes green smoothies as a diet staple. We love green smoothies and enjoy living like a Rawkstar, and hope you do, too. But, Simple Green Smoothies is not a medical organization and we are not health professionals. The Site and the Content we provide on the Site is not, and is not intended to be, medical advice, and we do not provide medical diagnoses of or treatments for health conditions. You should seek the advice of a physician if you have questions about whether green smoothies or a cleanse program is suitable for you and before you begin any new diet regimen. It is your responsibility to research the accuracy and usefulness of the opinions we provide on the Site.

The Site is not intended for children or minors. Our cleanse programs are not intended for pregnant or nursing women. Consult your healthcare professional if you have a health condition, or are pregnant or nursing, prior to beginning any new diet regimen, including joining any of our green smoothie challenges or cleanse programs.

The products and information on this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.

Privacy

We are committed to protecting your privacy and security. Please read our Privacy Policy, which is incorporated into the Terms of Use by reference.

 

Links to Third Party Websites

We sometimes provide links to third party websites on our Site. If you choose to click on a third party website link on our Site, you acknowledge and agree that Simple Green Smoothies has no control over or responsibility for the information, content, products, services, advertising or information collection practices of the third party site(s). We do not make any representations or warranties regarding the accuracy, security or legal or regulatory compliance of third party websites and you agree to assume the risks, responsibilities, and consequences resulting from your use or access of third party websites.

Terms and Conditions of Sale

A. Products. Our products, including digital publications, are delivered to you in an e-mail containing a link to a downloadable portable document format (PDF) file. The download link is active for five clicks. After five clicks, the link will no longer work. We recommend saving the PDF after downloading it so that you may access the PDF anytime after your purchase without relying on the download link. We do not re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product for a new download link.

You may need the Adobe Reader® software or Adobe Reader® mobile app in order to access the PDF. The file is also readable in iBooks. For more information on accessing our digital products, please visit our FAQ.

B. Pricing. All products listed on the Site and their descriptions, including pricing, are subject to change. Simple Green Smoothies reserves the right to modify, suspend or discontinue the sale of any product at any time with or without notice. If a product is listed with an incorrect price or with incorrect information, we shall have the right to decline or cancel your order prior to acceptance of your order. If you have already submitted payment for your order, we will issue a refund to your credit card or PayPal account.

C. Payment Terms. You agree to pay the price applicable for each product as of the date and time you submitted your order on the Site. We accept Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal.

D. Product Return Policy. Simple Green Smoothies does NOT accept returns or provide exchanges or refunds for purchased digital products or publications – no exceptions. We do NOT re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product for a new download link.

E. Shipping Policy. We deliver our products as a digital download sent to your e-mail address. By submitting your e-mail address to us, you authorize us to deliver the digital download(s) and/or a link to the digital download(s) you have purchased to that e-mail address. We do not ship physical products at this time.

California Consumer Rights Notice

California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:

If you have a question or complaint about Simple Green Smoothies, our products, or our Site, please contact us via phone at , e-mail at hello@simplegreensmoothies.com , or in correspondence sent to our mailing address at P.O. Box 1261, Brooksville, FL 34605. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

 

Limitation of Liability

YOU AGREE THAT YOUR ACCESS AND/OR USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR OWN RISK. YOU AGREE THAT SIMPLE GREEN SMOOTHIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SITE CONTENT, OR SIMPLE GREEN SMOOTHIES’ PRODUCTS, REGARDLESS WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF SIMPLE GREEN SMOOTHIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES EXCEED THE GREATER OF THE TOTAL PAYMENTS MADE BY YOU TO SIMPLE GREEN SMOOTHIES IN THE PRECEDING SIX (6) MONTH PERIOD OR FIFTY DOLLARS ($50). THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

 

Disclaimer of Warranty

YOU UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM SIMPLE GREEN SMOOTHIES OR THE SITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE SITE, ITS CONTENT, OR SIMPLE GREEN SMOOTHIES’ PRODUCTS WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

 

Indemnification

You agree to defend, indemnify and hold harmless Simple Green Smoothies and its officers, directors, employees, parents, partners, successors, agents and affiliates from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses, including reasonable attorneys’ fees and costs, arising out of, related to or that may arise in connection with your access to our use of the Site or its Content and/or any actual or alleged violation or breach by you of Simple Green Smoothies’ Terms of Use.

 

Termination

Your sole right with respect to dissatisfaction with the Site, Content or the Terms of Use is to stop accessing or using our Site or Content. We reserve the right to terminate, suspend or block your access to the Site and/or its Content at any time for any reason in our sole discretion. Any termination, suspension or restriction shall not affect your obligations under the Terms of Use and the provisions of the Terms of Use, including your obligations and agreements under the Terms of Use, such as the provisions relating to intellectual property, licenses, limitations of liability, or payment, for example, shall survive such termination, suspension or restriction.

 

Choice of Law, Jurisdiction, Venue

These Terms of Use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the state and/or federal courts located in Alameda County, California, and any action or proceeding, in law or in equity, arising out of the Terms of Use must be brought in the state or federal courts of Alameda County, California.

 

Miscellaneous Terms

The Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you and Simple Green Smoothies. We may assign our rights and obligations under the Terms of Use. The Terms of Use will insure to the benefit of our successors, assigns and licensees. You may not assign, transfer or sublicense any or all of Simple Green Smoothies’ rights or obligations or your rights or obligations under the Terms of Use. If any provision of the Terms of Use is found to be unenforceable, void or unlawful, then that provision shall be deemed severable from the Terms of Use and the remaining Terms of Use provisions shall remain in full force and effect.