Effective Date: April 4, 2014 | Last Modification: January 16, 2023
Simple Green Smoothies owns the content on the Sites, 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 Sites, 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 Sites. By accessing or using the Sites and/or Content, you do not acquire any right, title or interest in the Sites 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 Sites without our express permission.
ACCESS AND USE
If you purchase downloadable Content or access free downloadable Content from the Sites, 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 Sites and the Content we provide on the Sites is not and is not intended to be medical advice, and we do not provide medical diagnoses 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 Sites.
The Sites are 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 these Sites 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 Sites. If you choose to click on a third-party website link on our Sites, 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. 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 Sites 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 at 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 Sites. We accept Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal.
D. Meal Planning Subscription. Rawk the Year offers different subscription plans for the meal planning service (each, a “Subscription”). Note that a meal plan Subscription provides suggestions for meal plans and recipes only and does not deliver or provide ingredients.
Rawk the Year is a subscription service. Unless paused or canceled, you will receive an electronic meal plan in accordance with your selected plan. Each weekly total will be charged to your payment method on file at the regular price, plus any additional fees, or taxes, as applicable. Prices are subject to change. As a customer, you will receive weekly e-mails notifying you when new meal plans are available. When you register for a meal planning Subscription, you expressly acknowledge and agree that (a) Simple Green Smoothies (or our third-party payment processor) is authorized to charge you on a monthly or annual basis for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Sites or Products in accordance with these terms.
You may cancel your Subscription, change your plan, or change the intolerance settings on your Subscription on our website. YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION PLAN CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Simple Green Smoothies unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
We may offer a free trial for a limited time to new users of Rawk the Year. This allows you to test the platform without incurring any charges. You are required to enter your billing information in order to sign up for the Free Trial. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. If you do not cancel, you will be charged a recurring fee (based on your trial plan between monthly to annually) that is non-refundable. Cancel anytime to avoid future charges. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
E. Product Return Policy. Simple Green Smoothies offers a 7-day money-back guarantee on most items purchased from shop.simplegreensmoothies.com unless noted differently on the actual product page. For example, our Plant-Based Bundle Collection is non-refundable.
If you purchased a physical item, you must ship back the product in new condition for us to complete the refund process. The Customer is responsible for return postage, initial shipping charges and a $5.95 restocking fee. Any billing charges past 7 days are non-refundable. We reserve the right to change or amend this policy at any time.
F. Domestic Shipping Policy. By submitting your e-mail address to us, you authorize us to deliver all digital download(s) and/or a link to the digital download(s) you have purchased to that e-mail address.
For any physical items you purchased, you adhere to our shipping policy below. Shipping companies across the nation are currently experiencing delays due to COVID-19 safety protocols, labor shortages, and high package volume. What you can expect from us…
- It is currently taking 3-5 business days for us to prepare orders for shipment.
- Once shipped, you’ll receive an email notification with tracking details.
- After receiving your shipping confirmation email, rest assured that your order is safely in the shipper’s hands. They are working as quickly and diligently as possible to get your order to you even if your tracking may not reflect that the shipper has received your package.
- It may take 3-5 business days for the first scan to occur and for tracking information to update. We are also seeing many deliveries occur without stopping for a tracking scan, a measure that USPS and UPS utilize to process your delivery faster.
- For the latest shipping carrier service updates, please see the USPS + UPS websites.
G. International Shipping Policy. For any physical items you purchased, you adhere to our shipping policy below. Shipping companies across the nation are currently experiencing delays due to COVID-19 safety protocols, labor shortages, and high package volume. What you can expect from us…
- International orders should be delivered in 5-20 business days, best case scenario. Weekend delivery is not available. International shipping fees are calculated at checkout. If we are able to get you a better price on our end, we will refund you any difference in the shipping price you paid and we charge.
- Our International shipping partners do not accept P.O. Box delivery addresses.
- International shipping rates cover shipping charges only. Please note that duties, taxes and carrier brokerage fees are not included in your order amount at checkout. Duties and taxes may be due to the parcel carrier upon delivery. These fees will be assessed by the parcel carrier and must be paid by the order recipient.
- For international orders (including Canada) there may be COD charges based on the destination country.
- Customs policies vary widely from country to country; please contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
- International shipping rates do not apply to items being shipped to Territories within the continental United States including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. The same US shipping rates apply, please allow additional time for standard orders to ship.
We are currently shipping within the US, Canada, Mexico and the UK.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Sites 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 Sites, please contact us via phone, e-mail at hello(at)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 the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
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 Sites, 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.
LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTY
You understand and agree that the sites, 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 sites. 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 sites. We do not guarantee the security of any information transmitted to or from the sites or that your use or access to the sites, 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