Terms and Conditions
Notice/Acceptance of Terms
These Terms govern your use of the Site, including all content, materials, products, and/or services, and apply to all visitors, customers, and users of the Site.
Please read these Terms carefully. By using the Site, you agree to comply with and be bound by these Terms. If you do not or cannot agree to the Terms, you may not use this Site. Company reserves the right to modify these Terms at any time by posting a notice on the home page of the Site. Your use of the Site subsequent to any updates indicates that you agree to the changes.
Access to the Site and Service
To access or use the Site and/or Service, you must be at least eighteen (18) years of age or older, and have the requisite power and authority to enter into these Terms. Children under the age of eighteen (18) are prohibited from using the Site or Service. Company makes no representations, warranties or assurances on the availability of the Site or that the information provided on the Site, including but not limited to underlying HTML, text, audio clips, video clips, and images (“Content”) regardless of its source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content or on the Site.
Restrictions on Use
You may not print, download or use any Content available on this Site for other than your personal use.
Without limiting the generality of the foregoing, you may not:
- include Content in or with any product or service that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell or exploit any Content, portion of the Site, use of the Site, or access to the Site for any commercial purposes;
- establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other website or text document with hyperlink capabilities without the Company’s prior written permission;
- copy Content onto your or any other website or publication; or
- direct any other person to do any of the above.
Nothing in these Terms should be construed as conferring any intellectual property right of the Company, or its affiliates, or any other person or entity.
You may use the Site, Service, and Company’s Programs (as defined below) for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase products or services through the Site for legitimate, non-commercial purposes only. You will not post or transmit through the Site or Service any information or content which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, cause civil liability, or otherwise violate any law.
Sugar-Free Self-Care™ is a common law trademark owned by Company.
The trademarks, copyrights, patents and proprietary information represented on this Site (collectively, “Company Property”) are protected under the United States and international law, and their display on this Site does not convey or create any license or other rights in Company Property. Any unauthorized copying, redistribution, reproduction, modification, display, or transmission of Content or Company Property without Company’s prior written consent is strictly prohibited and may violate federal, state, or common law intellectual property laws, and could subject you to legal action. We reserve the right to immediately remove you from the Site or Service, without refund, if you are caught violating this intellectual property policy.
Any third-party trademarks mentioned on this Site which are not those of Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.
“User Content” means any and all information or content that a user submits to, or uses with, the Site. You are solely responsible for your User Content. You will not upload, post, or otherwise provide on the Site any User Content that is protected by copyright, trademark, or other proprietary right without the owner’s prior written permission, and the burden of determining that any User Content are not protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. You represent or warrant you have the authority to use and distribute your User Content, and that the use or display of the User Content will violate no laws, rules, regulations, or third-party rights.
By posting or submitting User Content during the Program, such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials and you are at least 18 years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your Materials. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Modifications to Site
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof) from time to time, at its discretion and without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The Content and Terms on this Site are subject to change. Company may amend these Terms at any time, and will post the most recent version of the Site and include the effective date.
Third Party Links and Resources
Company takes no responsibility for third party advertisements posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, regarding the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Company. You agree that Company shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify Company and its affiliates against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Site, you must obtain Company’s prior written consent before doing so. In establishing hypertext links, you must not represent expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Company, including its affiliates and respective employees, agents, directors, officers, and shareholders.
THIS SITE AND SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE AND CARE.
Company does not guarantee your weight loss results as a result of this program or give professional/legal advice. Your weight loss results are completely dependent on your individual effort.
Charmaine Platon is a Registered Nurse, but she is not your Registered Nurse and she is not offering medical advice on this Site. The Content is not to be construed as, and is never intended to be used as, a substitute for professional advice or care. The information provided throughout this Site must not replace or be a substitute for the services of trained and licensed professionals, including those in the financial, medical, behavioral, or other health-related fields.
If you are in need of professional advice or medical care, you must seek out the services of your own doctor or health care professional. Under no circumstances shall Charmaine Platon, Sugar-Free Self-Care, LLC, and www.sugarfreeselfcare.com (collectively, “Company,” “we,” “our,” “us,”) or any of our representatives or contractors, be liable for any special or consequential damages that may result from the use of, the improper use of, or the inability to use the Content, Site, or Service.
AS STIPULATED BY LAW, NO FUTURE GUARANTEES CAN BE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT OR SERVICE, AND ALL FORWARD- LOOKING STATEMENTS INCLUDED ON THIS WEBSITE ARE SIMPLY ILLUSTRATIVE AND NOT INTENDED AS PROMISES OF ACTUAL RESULTS. YOUR ACTUAL RESULTS, OR LACK OF RESULTS, WILL BE DETERMINED BY MANY OTHER FACTORS BEYOND OUR CONTROL AND IT WILL BE IMPORTANT TO INCLUDE THOSE FACTORS IN DETERMINING YOUR ACTUAL RESULTS. BECAUSE THESE FACTORS DIFFER BETWEEN INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS AS YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE AND BY YOUR USE OF THE CONTENT YOU AGREE NOT TO ATTEMPT TO HOLD COMPANY LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT FOUND ON THIS WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS, AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS, AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY TO DATE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SITE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If purchasing, signing up for, and or enrolling in Company’s coaching program, course, products and/or services (collectively, “Company’s Programs”) with a credit/debit card, you give Company permission and authorization to automatically charge your credit or debit card as payment for any of Company’s Programs for which you will receive an electronic receipt. If you purchase any of Company’s Programs, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrollment form. By using the enrollment form, you give Company permission and authorization to automatically charge your credit/debit card for the initial payment, and monthly thereafter, until all payments are completed.
In the event that your payment is not received by the date due, you must submit payment within three (3) calendar days of the payment due date, otherwise the Program, Product or Services will not continue. If you fail to make payment in a timely manner in accordance with these Terms or voluntarily withdraw from Company’s Programs at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of Company’s Programs.
When you purchase Company’s Programs, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. The third-party merchant may have privacy and data collection practices different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use Company’s Programs for legitimate purposes only in compliance with these Terms. You also agree not to make any purchases for speculative, false, or fraudulent purposes. You release Company and its affiliates from any damages that you incur and agree not to assert any claims against Company or its affiliates, arising from your purchase or use of Company’s Programs.
You agree to only purchase the Company’s Programs for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
E-mail/Text Support and Feedback
Being accessible and attentive to Clients is a priority. If you need to reach Coach between sessions, regarding a technological issue or for any customer support related issue, please contact Coach at any time via e-mail at [email protected]. All coaching and program-related questions and comments, however, must be posted in the private Facebook group.
Private Facebook Group Guidelines
- Client has unlimited support from the Coach during this program via e-mail as well as the private Facebook group. However, in order to give the Client the best support and attention, please limit Client questions via the Facebook group to one question only per message. However, Client may add as much detail as needed.
- Client can expect a response from Coach within 24 hours or sooner from Monday to Friday.
- Please note that Facebook group responses are for general inquiries and quick questions; as a result, Client will receive focused and concise text responses.
- If Client needs to discuss something at length, Coach may suggest to have an in-depth conversation during Client’s next live coaching session.
Scheduling, Canceling, Rescheduling, Late, and Missed 1:1 Coaching Appointments
If you are a member of the Company’s paid coaching program, and need to cancel or reschedule a one-on-one (1:1) coaching session (either a bonus session if eligible, or if you are a VIP coaching client), you agree to cancel or reschedule your 1:1 coaching session at least 24 hours prior to the scheduled date and time by e-mailing [email protected]. Failure to cancel or reschedule the appointment at least 24 hours prior to the scheduled date and time will count as a completed coaching session (out of the total number of allotted private coaching sessions for the entire program). If you are absent for the entire private coaching session at the scheduled date and time, without e-mailing [email protected] at least 24 hours prior to the appointment, this will also count as a completed coaching session. If you arrive late to the scheduled private coaching session, the amount of time you have remaining in the coaching session will still count as one completed session out of the total allotted sessions for the entire program.
All information exchanged during the Program will be kept strictly confidential. Coach will not disclose confidential information that Client shares with during the Program to anyone else without reason to know such information, unless required by law, ethics, or upon written authorization by you. To be clear, Coach may be ethically and legally obligated to reveal information if:
- If it is suspected that abuse or neglect of children or elders occurring.
- If in Coach’s presence, the Client makes or imply threats of violence or are a danger to themselves or another person.
- If Coach feels Client may lose control of their actions.
- If something illegal is occurring.
Your satisfaction with Company’s Programs is of utmost importance to the Company. Once you have made your first payment for the Program, which indicates your official enrollment into the Program, you will have seven (7) days from enrolling into the program in which to withdraw from the Program and request a refund. You understand and acknowledge that, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Program training, Products, and Services, we are unable to honor any requests for a refund of any portion of your payment for any part of our Programs and Services beyond that date.
Company reserves the right in its sole discretion to refuse or terminate your access to the Site, Service, or Company’s Programs at any time without notice. Should either party wish to terminate Company’s Programs at any time, these Terms apply. In the event of cancellation or termination, all remaining balances owed shall be immediately due, and all access the Site, Service, and/or Company’s Programs will also be terminated. The restrictions imposed on you with respect to Company’s Programs, including but not limited to all disclaimers, limitations of liabilities and rights set forth in these Terms, shall survive termination and apply in full force.
- Changes. We reserve the right in our sole discretion to change, modify, add, or remove the Terms, conditions, and notices under which the Site is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Site following the effective date of changes to these Terms or other policies means you accept and consent to the changes.
- Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Sugar-Free Self-Care, LLC, 2142 Scholarship, Irvine, CA 92612. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Los Angeles, California, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
- Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles, California, for such purpose
- Governing Law. This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions.
- Entire Agreement and Waiver. These Terms constitute the entire agreement between you and the Company pertaining to the Site, Service, and Company’s Programs, and supersedes all prior and contemporaneous understandings, communications, representations, or agreements, either oral or written, between them regarding this subject matter. No representations or statements of any kind made by any affiliate of Company, which are not included in these Terms, will bind Company and its affiliates. No waiver of any provisions of these Terms by Company will constitute a waiver or continuing waiver of any other provision. No waiver will be binding unless executed in writing by Company.
- Severability. If any term, provision, covenant, or condition of these Terms is determined by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, or conditions will remain in full force and effect, and will in no way be affected, impaired, or invalidated.
- Effect of Headings. The headings contained herein are for convenience only and shall have no legal or interpretive effect.
- Assignment. These Terms bind and inure to the benefit of the parties’ successors and assigns. Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
- Notices. The Company may deliver notice to you under these Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first class mail to your address on record with the Company. You may give notice to the Company at any time via electronic mail or by letter delivered by first class postage prepaid mail or overnight courier to the following address:
Sugar-Free Self-Care, LLC
Irvine, CA 92612
Please email us at [email protected] if you have any questions about these Terms.
By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.
Updated: January 8, 2023