Your access to and use of the Simple Green Smoothies websites accessible at https://simplegreensmoothies.com, https://shop.simplegreensmoothies.com and https://rawktheyear.com/ (“Sites”) are governed by the terms and conditions of this terms of use agreement (“Terms of Use” or “TOU”). By accessing or using the Sites, 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 Sites. If you do not comply with the Terms of Use, we reserve the right to terminate your password, user account, and/or access to these Sites or any part thereof.

INTELLECTUAL PROPERTY
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.

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 Sites.

ACCESS AND USE
Your use of the Sites is intended for personal, non-commercial use only. In accessing or using the sites, 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 Sites, 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 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.

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 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. Rawk the Year: Meal Planner Subscription. Simple Green Smoothies offers a meal planning service with a private support group, called Rawk the Year (each, a “Subscription”). This is a subscription service. You pay in advance for each billing cycle on the first day of that cycle. Note that a meal plan Subscription provides suggestions for meal plans and recipes only and does not deliver or provide actual ingredients.

1. Billing. By subscribing to the Service the customer gives Simple Green Smoothies the right to charge the submitted credit card for fees connected with the Service such as renewal fees or fees for extra services.
2. Change billing cycle. You can at any time change between different billing cycles. The new billing cycle length takes effect after the expiration of the current cycle (i.e. at the next renewal date).
3. Renewal. Your Rawk the Year account will be renewed automatically until you cancel the Subscription.
4. Cancellation. You may at any time cancel your Rawk the Year account inside the Rawktheyear.com account under “billing”, provided that any past invoices have been paid. Rawk the Year does not accept cancellations via email or phone. Simple Green Smoothies reserves the right to discontinue the Service at any time after a 30-day notice via email.
5. Termination. In case of any breach of the Agreement by the Customer (including any late or non payment), Simple Green Smoothies may terminate this Agreement with immediate effect without any liability to the Customer.
6. No Refunds. You may cancel your subscription at any time. Please note that you must cancel your subscription before it renews in order to avoid being charged for the next billing cycle.
   
   Refunds WILL NOT be provided for any subscriptions. We do not provide credit, refunds, or prorated billing for subscriptions that are canceled mid-month. In such a circumstance, you will continue to have access to your subscription until the end of the billing cycle.
   
   In the event you cancel your Subscription, please note that Simple Green Smoothies may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions at the bottom of Simple Green Smoothies emails.
7. Free Trial. 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.
   
8. All-Access Cleanse Pass. Simple Green Smoothies may offer a one-time purchase of our All-Access Cleanse Pass (AACP) for members to use with an active Rawk the Year Subscription. The AACP gives you access to a seasonal cleanse and live event each season. The AACP remains valid as long as your Rawk the Year Subscription is active. If you cancel or payments stop going through, your AACP will expire. If you wish to reinstate your AACP, you will have to activate a new Rawk the Year membership again.

E. Product Return Policy. Simple Green Smoothies offers a 7-day money-back guarantee on seasonal cleanse programs and printed books, 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 wish to return, 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.

H. COMMUNITY GUIDELINES (Rawkstar Collective)

Overview: The goal of this community is to positively support people in their personal health journey, provide a safe space to host our live wellness events and to find mutual connection regarding living a healthier lifestyle. In order to meet the goals of this community, it’s important for members to be in a safe place, cultivated by our community guidelines. 

Guidelines: In the community, we encourage your feedback and aim to respond to your comments as soon as possible. While we do moderate this community, we welcome open discussion. The content created in the community is completely owned by the community— it doesn’t completely belong to the original member or the company.

• Respect the privacy and personal information of other members
• Communicate with courtesy and respect
• Respect that other people in the community have had different life experiences and may have a different perspective to yours. We welcome different viewpoints.
• We don’t allow defamatory, indecent, offensive, profane, discriminatory, misleading, unlawful or threatening comments. 
• Personal attacks, name-calling, trolling and abuse will not be tolerated.
• Spamming, posting promotional material or posting links to third party websites is not permitted.
• We reserve the right to delete comments at our discretion and block any repeat offenders. We will remove content that is fraudulent, deceptive or misleading.
• Use discussion spaces and content responsibly. These tools are intended to keep members in touch with one another, to help with plant-based education and to promote common interests. 

Consequences: We will take action when we see someone violating these guidelines. Sometimes that just means giving someone a warning; other times it means revoking certain privileges or accounts entirely. We request that all community members report behavior that violates our guidelines to hello@simplegreensmoothies.com.

Agreement: By logging onto the community and activating your profile, you are considered to be in agreement with the terms and conditions listed above.

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.

TESTIMONIALS
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
You agree that your access and/or use of the sites 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 sites, the sites 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 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.

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 Sites, Content or the Terms of Use is to stop accessing or using our Sites or Content. We reserve the right to terminate, suspend or block your access to the Sites 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.