Effective Date: April 4, 2014 | Last Modification: January 6, 2020
By submitting a testimonial form, you represent that you're over the age of 18 years old and that you are the owner of any intellectual property contained in or comprising your photo, testimonial, name and/or that you have the express permission or a license to use the intellectual property contained in or comprising your photos, images and testimonials, which include your “Story” and “Results” (“Submissions”).
You understand that Simple Green Smoothies, LLC (“Simple Green Smoothies”) may use your name and/or Submissions in and on the Simple Green Smoothies website, blog and other social media properties (such as Instagram + Facebook). Your Submissions may also be used in brochures, flyers, packaging, courses, programs, published books, eBooks, and in other informational, advertising and promotional material used in connection with Simple Green Smoothies, its products and/or its services.
You hereby authorize Simple Green Smoothies to use your Submissions without any form of compensation or consideration for such use and without any geographic, temporal, or other restrictions on such use.
Further, you hereby release Simple Green Smoothies and its successors, assigns, and representatives, from any and all liability, action, cause of action, or proceedings of any kind whatsoever arising directly or indirectly from or in connection with the provision of your Submissions to Simple Green Smoothies for the uses and purposes described herein.
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.
ACCESS AND USE
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.
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.
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 [email protected] , 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
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.
CHOICE OF LAW, JURISDICTION, VENUE