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ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with Hype Smooth Personal AC through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between Hype Smooth Personal AC and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words I Agree; Rush My Order; Submit or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a last modified date. If the last modified date remains unchanged, then You may presume
that no changes have been made since the last modified date. A changed last modified dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Product Disclaimer: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Hype Smooth Personal AC is not intended or to be used to treat any type of medical condition.
WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
Your shipment is our priority and packages are shipped out via United States Postal Service, the same day for all orders placed before 1PM Pacific Standard Time and the next day for all orders placed after 1PM Pacific Standard Time (packages will arrive within 3-5 business days). Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
During times when special club membership are offered, you agree to accept the special club membership to the Site, which gives you a 30-day supply of our product, and by accessing the Hype Smooth Personal AC Services you authorize the charges set forth below and agree to the following terms and conditions:
You will be shipped a full one-month supply of the product You ordered. Orders are generally shipped within 2 business days (Monday through Friday) using our standard USPS First Class shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Hype Smooth Personal AC does not guarantee specific arrival dates or times. Hype Smooth Personal AC does not refund or credit delivery or processing charges for any shipments. Delivery time is subtracted from Your membership period, and will reduce the number of days allocated to Your membership period. Contacting Customer Care / Billing: You may contact our customer care department by using our toll free phone number. Toll Free Customer Care phone: (866) 662-9874, Mon-Fri 6am-10pm CST, Sat-Sun 6am-6pm CST.
Return Address:
Fulfillment Center
981 W Arrow Hwy #410 San Dimas, CA 91773
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Hype Smooth Personal AC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Hype Smooth Personal AC OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER'S USE OF THE WEBSITE OR ANY PRODUCT. Hype Smooth Personal AC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Hype Smooth Personal AC WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Hype Smooth Personal AC FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Hype Smooth Personal AC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Hype Smooth Personal AC WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that Hype Smooth Personal AC' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Hype Smooth Personal AC in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Hype Smooth Personal AC was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You. REPRESENTATIONS; PRODUCT DISCLAIMERS Hype Smooth Personal AC is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Hype Smooth Personal AC endeavors to provide You with accurate information about Our Products. You understand and agree that the information Hype Smooth Personal AC conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (Third Parties). Hype Smooth Personal AC does not warrant or represent that such information is error-free, and Hype Smooth Personal AC does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Hype Smooth Personal AC does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen. By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Hype Smooth Personal AC makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Hype Smooth Personal AC has the right to rely upon all information provided to Hype Smooth Personal AC by You, and Hype Smooth Personal AC may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, the Intellectual Property) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Hype Smooth Personal AC or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Hype Smooth Personal AC's prior written permission.
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable; Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; Use the Website for any unlawful purpose; Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Hype Smooth Personal AC, You may not: Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); Create derivative works based on the Website or any of the Intellectual Property; Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; Use any meta-tags or any other hidden text using the Website's name or marks; Deep-link to any page of the Website; Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Website); Use any data mining, bots, or similar data gathering and extraction tools on the Website; Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Hype Smooth Personal AC reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Hype Smooth Personal AC believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Hype Smooth Personal AC provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer's real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. Hype Smooth Personal AC has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Hype Smooth Personal AC Website. Hype Smooth Personal AC cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Hype Smooth Personal AC Website or third-party content on our sites. Hype Smooth Personal AC does not endorse any of the merchandise, nor has Hype Smooth Personal AC taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Hype Smooth Personal AC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Hype Smooth Personal AC with respect to such sites and third-party content. Hype Smooth Personal AC strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Hype Smooth Personal AC nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www domain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Hype Smooth Personal AC.
Hype Smooth Personal AC shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Hype Smooth Personal AC's performance.
You agree to defend, indemnify, and hold harmless Hype Smooth Personal AC, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Hype Smooth Personal AC shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Hype Smooth Personal AC does not hear from You promptly, Hype Smooth Personal AC reserves the right to defend such claim or suit and seek full recompense from You.
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act (FAA), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:
Disputes are any claims (including the definition of claims contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Hype Smooth Personal AC brings against You.
If either Hype Smooth Personal AC or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: 981 W Arrow Hwy #410 San Dimas, CA 91773, USA. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration. The FAA applies to this Agreement and arbitration provision. We each agree that the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (NAF) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com. Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Hype Smooth Personal AC (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Hype Smooth Personal AC will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Hype Smooth Personal AC; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Hype Smooth Personal AC shall be governed exclusively by the laws of State, excluding its conflict of law provisions.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
No waiver of or by Hype Smooth Personal AC shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Hype Smooth Personal AC reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Hype Smooth Personal AC does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Hype Smooth Personal AC in writing, these terms and conditions may not be amended by You.
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