Terms and Conditions
Terms & Conditions
By visiting or placing an order on www.mindfuladvantage.com or any of our websites, you agree to these Terms and Conditions (“Agreement” or “T&C”), which is a legally binding agreement between you (“you” or “your”) and Direct Digital, LLC (d/b/a “Adaptive Health”) (herein “Adaptive Health”, “we”, “our”, or “us”) governing your use of these websites, your purchase of any of our products, and any of the other goods and services we offer. BY ACCESSING OUR SITES OR PURCHASING ANY PRODUCTS SOLD ON THEM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE ANY PRODUCTS OR USE THE WEBSITES. THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please see the Arbitration and Waiver of Class Action sections below for more information. We reserve the right to change or modify these Terms & Conditions at any time and your continued use of this site will be conditioned upon the Terms & Conditions in force at the time of your use.
Health Disclaimer
Any statements on this site or any materials or supplements distributed or sold by www.mindfuladvantage.com have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition, we suggest consulting with a physician before using any of our products. The results described for each product are not typical and not everyone will experience these results.
Autoship/VIP Subscription Program
If you are placing an order online as part of one of our Auto-Ship programs ("Program"), you will receive your Mindful Advantage® sample and be charged only a fee for shipping and processing. You have no obligation to buy anything in the future as long as you call to cancel the Auto-Ship program within 18 days after placing your order. If you do not cancel before then, you will continue into our Auto-ship Program. Your membership in the Program will remain in effect until you cancel, which you may do so at any time. Beginning about 18 days after you place your order, you will automatically be billed for a fresh 30-day supply of Mindful Advantage® at the product's full price as referenced in your transaction receipt $69.99 plus the cost of shipping and processing and tax if applicable. Your order will in most cases ship to you the following business day. You will then continue to receive a fresh 30-day supply of Mindful Advantage® about every 30 days for as long as you stay a member of our Auto-Ship Program. To cancel future shipments in the Auto-Ship Program, you must call 1-800-211-7281 or email [email protected]. You must cancel at least 1 day prior to the date that your next monthly shipment is scheduled to be billed in order to not be billed. Accounts canceled the day of a billing will be presented with an option to void that day’s scheduled shipment.
Your membership in the program will remain in effect until you cancel by following the cancellation instructions herein. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. If you wish to cancel your participation in one of our automatic replenishment programs, you may do so by contacting customer service by calling 1-800-211-7281 or emailing [email protected].
By proceeding with your purchase, you acknowledge and agree that Adaptive Health will not obtain additional authorization from you for each future installment of the automatic shipment program $69.99 that will be charged to the payment card you provided initially. In addition, you do not hold Adaptive Health responsible for any overdraft charges or fees which you might incur during the ongoing Auto-Ship Program.
We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. We reserve the right to refuse or discontinue the supply of Mindful Advantage to any user at any time in our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-800-211-7281.
By receiving a trial, you agree to all terms and conditions of the trial, including the limitation of one per household. Any trials found to have been received by a household that exceed one (1) are subject to a subsequent billing at the rate of $34.99. Unauthorized resale of trial products is strictly prohibited. Any individual or entity found to have manipulated Adaptive Health's trial offer program for purposes of resale (without proper payment) shall have committed fraud.
Refill and Save Program
If you place an order with us utilizing the Refill and Save program (“Refill and Save”), which may also be known as “Subscribe and Save”, it shall remain in effect until cancelled by You or Us. If you sign up for the Program on the Website in connection with your purchase, the payment card you provide will be charged on a recurring basis based on your selection. This means that unless you cancel, after your initial purchase you will be charged the same amount (without any promo codes or one time discounts applied during the initial transaction) on a periodic basis for the same number of units ordered during your initial transaction. For example, if you order a three-month supply of a product, you will be billed for and shipped a three month supply every three months. To cancel future orders in the Refill and Save program, please call 1-800-211-7281 or email us at [email protected] at least 1 day prior to the date that your next monthly delivery ships.
Your enrollment in Refill and Save will remain in effect until you cancel by following the cancellation instructions below. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. If you wish to cancel your participation in Refill and Save, you may do so by contacting customer service by calling 1-800-211-7281 or emailing us at [email protected].
By proceeding with your purchase, you acknowledge and agree that Adaptive Health will not obtain additional authorization from you for each future installment of the Refill and Save program that will be charged to the payment card you provided initially. In addition, you do not hold Adaptive Health responsible for any overdraft charges or fees which you might incur during the ongoing Refill and Save Program.
We may, in our sole discretion, terminate your membership in Refill and Save at any time without notice to you. We reserve the right to refuse or discontinue the supply of product to any user at any time in our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-800-211-7281.
Return Policy for Auto-Ship Deliveries
Adaptive Health LLC retains a 30-Day Satisfaction guarantee on all Mindful Advantage auto-ship products. If you, the buyer, are unhappy with the product for any reason - even if you've used the full supply of the supplement - you can return the empty bottle for a full refund of the purchase price including shipping and processing. To obtain your refund, you must do the following: Call us at 1-800-211-7281. You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 30 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department is NOT allowed to accept any packages without an RMA number. You must pay for return shipping.
If you are from the United States, address the return package to:
Mindful Advantage
2323 South 3600 West, Suite 1,
West Valley City, UT 84119
Please note that this facility handles return shipments only. Please direct any inquiries to the Mindful Advantage office at 615 South College St, Suite 1300, Charlotte, NC 28202 or [email protected].
If you are from Canada, address the return package to:
Mindful Advantage
PO Box 1101, RPO Steeles West,
North York, M3J 0L2
If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes 3-5 business days or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
Return Policy for Refill and Save Deliveries
Adaptive Health retains a 30-Day Satisfaction guarantee on all Refill and Save products. If you, the buyer, are unhappy with the product for any reason - even if you've used the full supply of the supplement- you can return the empty bottle for a full refund of the purchase price including shipping and processing. To obtain your refund, you must do the following: Call us at 1-800-211-7281. You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 30 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department is NOT allowed to accept any packages without an RMA number. You must pay for return shipping.
If you are from the United States, address the return package to:
Mindful Advantage
2323 South 3600 West, Suite 1,
West Valley City, UT 84119
If you are from Canada, address the return package to:
Mindful Advantage
PO Box 1101, RPO Steeles West,
North York, M3J 0L2
If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes 3-5 business days or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
Return Policy for Standard Deliveries
To be considered for reimbursement, products purchased through standard delivery ("all non-auto-ship purchased products") must be unopened and in the original packaging. To return a product you must do the following: Call us at 1-800-211-7281 within 90 days of purchase (product issues not declared within 90 days of purchase are not entitled to a refund). You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 90 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box/bag. Our shipping department does NOT accept any packages without an RMA number. You must pay for return shipping.
If you are from the United States, address the return package to:
Mindful Advantage
2323 South 3600 West, Suite 1,
West Valley City, UT 84119
If you are from Canada, address the return package to:
Mindful Advantage
PO Box 1101, RPO Steeles West,
North York, M3J 0L2
If you wish to return a non-trial product, please contact our customer service team at 1-800-211-7281 or [email protected]. If you do return a product, we recommend that you get proof of shipment, as this can expedite the return and refund process. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card, for a full refund of the purchase price including shipping and processing. Please allow one or two billing cycles for the return to be posted to your account, depending on your financial institution.
Abuse of Returns (Standard, Refill and Save, or Auto-Ship Deliveries)
We reserve the right to deny returns for abuse of our return policy. Any customer found to return more than one shipment of the same product for a refund in any six (6) month period may be deemed an abuse and we reserve the right to deny/cancel any future shipments or returns to and from any individual or shipping address.
Using the Website
Except as expressly provided below, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. Adaptive Health will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this T&C or otherwise, except as expressly set forth in this T&C. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may only use the Website or make purchases on the Website if you are the age of majority in your state. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. In your use of the Website and the services available on the Website ("Services"), you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any web sites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Mindful Advantage name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this T&C.
Content
By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).
Accuracy of Information
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Adaptive Health to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these T&C. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY ADAPTIVE HEALTH. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Sales Tax
If you purchase any Products on the Website, you will be responsible for paying any applicable sales tax indicated on the Website or as required by your state.
Fraud
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the applicable credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Intellectual Property Rights
All materials on the Website, including without limitation, the software, logos, design, text, graphics, images, photographs, illustrations, audio and video material, user interfaces, sounds, artwork, computer code (including html code), products, information, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission. Mindful Advantage is a trade name we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission. You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website.
Third-Party Websites
mindfuladvantage.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Comments
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website ("Comments") will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments. You will, at our cost, execute any documents to effect, record, or perfect such assignment. We will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
Mobile Devices/SMS Messaging/Third-Party Fees
The Mindful Advantage mobile messaging service (the “Service”) is offered through a third-party partner. We may modify or cancel the Service or any of its features without notice. From time to time, we may make mobile device applications and mobile marketing campaigns available to you and may allow you to register for services that involve push notifications and/or emails being sent to your mobile Device. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Mindful Advantage to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message frequency varies. Msg & Data rates may apply. Mobile marketing campaigns may involve your sending text message or e-mail from your mobile Device to us or a third-party campaign operator. An autodialed text message, e-mail or other response will then be sent to your mobile Device. Opting to participate in a campaign is 100% your choice. Your consent to receive marketing text messages is not a condition of any purchase, and you may opt out at any time.
If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Promotional messages on shortcodes 231231, 321321, 369369, 42424, 508508, 52926 and 215215 are recurring messages. You are responsible for obtaining access to the mobile Device services. Such access may involve third-party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, emails or other materials to your mobile Device. Please consult your mobile service provider's pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving push notifications or emails from/to your mobile device. You will be given the opportunity to opt-in to receive push notifications or emails to your mobile Device at the time you register for the campaign and with each message or email you receive. To stop receiving text messages, text “STOP” to our shortcode by responding to any text message received from us. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just re-subscribe in the same manner that you previously used to sign up. If you have subscribed to other Adaptive Health mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by contacting us at https://adaptivehealth.com/contact, [email protected], or 1-888-914-9661 PIN 930269. Carriers are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
We collect various information on our behalf from and about you, including information you directly provide when you use the messaging service (the “Service”). When you engage in these mobile marketing campaigns, we and the third-party campaign operator that we work with may collect your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information. Except to the extent required by law, text messaging originator opt-in data and consent will not be shared with any third parties.
When you send messages via the Service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service. We use your information to deliver, analyze, maintain and support the Service. We may also use your information to enhance the Service features and customize and personalize your experiences on the Service.
We respect your right to privacy. For further information on how we collect and use your personal information, please see our Privacy Policy.
Indemnification
Except where prohibited by law, including in the state of New Jersey, you agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses ("Claims"), made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Website or Service, (c) your connection to the Website or Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
EXCEPT WHERE PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN ITS THEN-CURRENT CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.
WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADAPTIVE HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADAPTIVE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS T&C (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Applicable Law
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of North Carolina, without regard to principles of conflict of laws thereof.
Arbitration
All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&C (including its formation, performance or alleged breach), your use of the Website, any communications between you and us (either directly or through a third party), and/or any aspect of our relationship with you will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute, except that you may assert claims or seek relief in small claims court if your claims qualify. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, Adaptive Health will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified Adaptive Health in writing and provided a copy of the arbitration proceedings. However, if Adaptive Health is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Adaptive Health. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in-person hearing in the United States in the county where you live or at another mutually agreed upon location.
The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this T&C may be joined to an arbitration involving any other party subject to this T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of North Carolina to enforce this T&C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
30 DAY RIGHT TO OPT-OUT
YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THIS AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT [email protected]. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THIS AGREEMENT, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
Additional Terms and Conditions
In addition to these Terms & Conditions, your purchase of Merchandise through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.Products for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. By purchasing any product through us, you agree not offer the products, or samples thereof, for resale. Please see our Authorized Retailer Policy for additional information.
We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Termination
We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for the Product. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement shall survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
Miscellaneous
You acknowledge and understand that if the Website is unable to provide the Products as a result of an event outside of its control, the Website will not be in breach of any of its obligations towards you under these Terms. This Agreement contains the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This T&C and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this T&C will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this T&C. The invalidity or unenforceability of any provision of this T&C will not affect the validity or enforceability of any other provision of this T&C, all of which will remain in full force and effect.
Contact Us
Questions about the Terms & Conditions should be sent to us at [email protected].