Terms of Use and Conditions of Sale
IMPORTANT – PLEASE READ AND UNDERSTAND THESE TERMS OF SALE (“TERMS” or “AGREEMENT”) CAREFULLY BEFORE ACCESSING, USING THIS WEBSITE, OR PLACING AN ORDER THROUGH THIS WEBSITE. THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT.
Your use of our website (including any subdomains, associated websites, and mobile applications, collectively, the “Website”) is subject to the following policies, terms, and conditions. These websites and applications are owned and maintained by us. Please read these carefully. We offer this Website to you, the user, including all information, tools, products, and services available from this Website, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using this Website, or placing an order through this Website, you agree to the terms stated herein. If you do not agree to all of these terms and conditions, then you may not use this Website in any manner or form.
This Agreement contains arbitration and class action waiver provisions, waiving your right to a court hearing, jury trial, and participation in a class action lawsuit. Unless otherwise provided in Section 16 below or you opt out, arbitration is the sole and mandatory method for resolving any and all disputes. Please carefully read the dispute resolution provisions in Section 16 below, which detail your right to opt out.
) View the latest version of the Terms of Service. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your binding acceptance of those changes.
Terms of Sale
- Website Use
By using this Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. By using this Website, you confirm that you have the legal capacity to enter into a legally binding contract with us, have read this Agreement, and understand and agree to its terms.
- Privacy and Security Disclosure
This Privacy Policy is incorporated by reference into these Terms and forms a part thereof. 3. General Terms and Website User Conduct Restrictions
All content on this website is protected by U.S. and international copyright, trademark, and other intellectual property laws. Downloading or using this website or any of its content does not grant you any ownership or other rights.
You agree not to use or attempt to use this website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to engage in or attempt to engage in any unlawful conduct on or through this website, including but not limited to: (1) hacking or otherwise digitally or physically attacking this website; (2) posting abusive, vulgar, obscene, or defamatory material; (3) inciting others to commit or participate in any unlawful act; (4) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (5) infringing or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others based on gender, sexual orientation, religion, race, ethnicity, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may affect the functionality or operation of the website in any way; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the website; or (11) any other unlawful conduct.
We reserve the right to terminate your access to this website or any of its services if we determine that: (1) you have failed to comply with these Terms of Sale; (2) you have provided false, inaccurate, or incomplete information during our registration process; (3) you have engaged in any conduct that may harm our rights or interests in our website, services, or other property; or (4) for any reason, we may terminate your access without prior notice. We may take any other necessary action or seek any remedies permitted by law.
- Products for Personal Use Only
You further agree that any products or services you purchase from this website are for your personal, non-commercial use only. You agree not to resell, redistribute, modify, or export any products you order from this website. Reselling our products outside of authorized channels may result in significant product alterations, affecting product safety, efficacy, or the ability to fulfill warranties or guarantees. We reserve the right to limit or prohibit orders placed by dealers, resellers, or distributors at our sole discretion.
- No Medical Advice Provided, and No Guarantee of Accuracy, Completeness, or Timeliness of Information
The content on this website is for general informational purposes only and is not intended to provide medical advice or substitute for advice from a qualified healthcare professional. Statements on this website have not been evaluated by the U.S. Food and Drug Administration (FDA). You should consult your healthcare professional before using any information provided.
While we strive to provide accurate and timely information on the website, the information on the website may contain typographical errors, inaccuracies, or omissions, such as product descriptions, pricing, promotions, offers, product shipping charges, shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
We have made every effort to ensure that the colors and images of the products displayed on the website are as accurate as possible. However, we cannot guarantee that any color displayed on your computer monitor will be completely accurate.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to this website.
does not guarantee that you will achieve your health goals. Your results may vary depending on various personal factors, such as your age, health condition, and genetic factors.
- Website and Price Modifications
We reserve the right to modify or terminate your access to this website (or any part or content thereof) at any time without prior notice. We shall not be liable to you or any third party for any loss or damage caused by the modification, suspension, or termination of your access to this website. Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policy.
All product descriptions or product pricing are subject to change at any time without prior notice, and we reserve the right of final interpretation. Any product or service offered on this website is void where prohibited in your region.
- Payment
All fees are quoted in US dollars.
By submitting your payment information to us, you represent and agree that: (i) you have full authorization to use the card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) you have sufficient funds to pay us the amounts due.
We and our third-party payment service providers may request and receive updated credit card information from your card issuer, such as updated card numbers and expiration dates after your credit card expires. If we and our third-party payment service providers receive such updated information, we will update your account information accordingly. Your card issuer may allow you to opt out of providing updated credit card information to merchants and third-party payment service providers. If you wish to opt out of providing updated credit card information to merchants and third-party payment service providers, please contact your card issuer.
We are not responsible for any fees or charges that may be imposed by your bank or credit card issuer. If your bank or credit card issuer reverses a payment on your credit card, we may bill you directly and collect payment from you through other means, including mailing you a bill.
- Order Submission and Confirmation; Subscriptions, Automatic Payments and Cancellation
Order Submission and Acceptance
Your electronic order confirmation or any form of confirmation does not constitute our acceptance of your order. We reserve the right to accept or reject shipment to anyone for any reason. If we reject your order, we will refund the payment to your original payment account. You understand and agree that we are not liable for any loss or damage resulting from our refusal to provide you with any product or service. We reserve the right to request additional information from you before processing any order.
Subscriptions, Automatic Payments and Cancellation
If you access the website to purchase products, you may choose a one-time purchase or a subscription plan. If you subscribe to a product, we will automatically charge your credit card provided at the time of purchase every 30 days and ship the product to you until you cancel your subscription. You can also log in to the customer portal to change the subscription billing cycle to 45 or 60 days, or contact our customer service team to choose a billing cycle of 90 to 120 days. [a] If your credit card information changes, we may use an account update program to automatically update your credit card information, and your renewal fees will be deducted from the updated account information. If you wish to cancel your subscription, you can do so at any time, but you must cancel at least 24 hours before the next shipment to avoid receiving the next scheduled order.
- Shipping
We ship to addresses within the United States and Canada. Please visit our website for more information on order processing, shipping times, and the commercial carriers used. You can also track your order there.
Please ensure you provide an accurate shipping address and phone number. We are not responsible for delays or losses due to incorrect shipping address information provided by you.
- Delivery Confirmation
Due to many circumstances beyond our control that may occur at your delivery address, you agree that any delivery confirmation provided by the carrier shall be considered sufficient proof of delivery to the cardholder, even without a signature.
- Refund Guarantee
A refund guarantee is offered for specific items in your first subscription order. You can request a full refund within thirty (30) days of receiving your order, subject to the following terms. The refund guarantee only applies to items purchased directly from the website. Items not eligible for the refund guarantee will be subject to our standard refund and return policy. If you request a refund within the initial thirty (30) days and then wish to repurchase other items, you will no longer be eligible for this refund guarantee.
A full refund will be issued for all approved refund orders. Refunds will be credited back to the same credit card or payment method used for the purchase.
Standard Return and Refund Policy
We want you to have an exceptionally satisfying experience with us, so we have simplified the return and exchange process. If you are not satisfied with our products, or if the product arrives damaged, please see our detailed refund and return policy.
Once our shipping department receives your return, it typically takes 1-2 business days to process your refund. After the refund is processed, it may take up to 10 days for the refund to appear in your account, depending on your bank’s processing speed. Social Media
This section applies to all individuals who interact with our social media presence, including comments sections, posts, and other social media elements visible on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any other available external third-party social media platforms we may use (“Social Media Presence”).
The websites and platforms where our social media accounts are located are not controlled by us, and therefore they have their own independent privacy policies and terms of use. Comments and opinions expressed by users on social media represent only their personal views and do not reflect the views of RYZE, nor are we obligated to monitor or remove user comments. If you see any offensive or inappropriate posts or comments on our social media accounts, please report them according to the reporting procedures established by the operators of the relevant website or platform.
Disclaimer
Except where prohibited by law, this website and all products are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, or fitness for a particular purpose. We make no representations or warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this website and expressly disclaim all such representations and warranties. We make no representations or warranties and expressly disclaim that: (A) products, services, information, or other materials purchased or obtained through this website will meet your requirements or expectations, or (B) this website or the servers that make this website available are free of viruses or other harmful components. The company hereby disclaims, to the fullest extent permitted by applicable law, all conditions, representations, and warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
Disclaimer
Except where prohibited by law, in no event shall [Company Name] or any of its officers, directors, shareholders, employees, independent contractors, and/or agents be liable for any indirect, special, incidental, punitive, consequential, or other damages, expenses, costs, or claims arising out of or related to this agreement, the privacy policy, the products, or your or any third party’s use or attempted use of this website or any products, whether or not advised of the possibility of such damages, expenses, costs, or claims. This includes, but is not limited to, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This clause applies regardless of how the damages are alleged to have been caused and regardless of the theory of liability, whether in contract, tort (including negligence and strict liability), warranty, or otherwise. Notwithstanding the foregoing limitations of liability, if [Company Name] is found liable under any theory, [Company Name]’s liability and your sole remedy will be limited to $500. This limitation of liability applies to all claims regardless of whether or not [Company Name] was previously aware of or advised of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and you may have other rights. Mandatory Binding Arbitration and Waiver of Class Actions
Please read this provision carefully; it requires you to resolve any disputes or claims between you and through binding arbitration.
You agree that any dispute or claim arising out of or relating to this arbitration provision, ‘s privacy policy or terms of sale, advertising or marketing practices, or products or services shall be submitted to binding, final, and confidential arbitration before a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”). This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and the arbitrator shall be bound by this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether a dispute or claim is arbitrable. The arbitrator shall apply the substantive law of Massachusetts, to the extent consistent with the FAA, and shall have the power to award all remedies available in an individual action under substantive law, including but not limited to compensatory, statutory, and punitive damages, declaratory relief, injunctive relief, and other equitable relief (including public injunctive relief), as well as attorneys’ fees and costs as permitted by applicable substantive law. The arbitrator may only resolve disputes or claims between you and and may not consolidate claims or proceedings without consent. The arbitrator may not preside over class actions or representative actions, or award relief on behalf of other individuals. If a court or arbitrator determines that any portion of this arbitration agreement is unenforceable with respect to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court, and all other claims must be resolved through arbitration.
Notwithstanding anything to the contrary in this agreement, you agree that has the right to bring suit against you in a Massachusetts state or federal court to seek injunctive relief, equitable relief, or other remedies arising from any actual or threatened misappropriation or infringement of intellectual property rights, and you agree that such court is a proper venue and that you are subject to the personal jurisdiction of such court. Unless you timely opt out, you will not have the right to: (A) have your dispute or claim decided by a court or jury; (B) obtain the same information before a hearing as you would in court; (C) participate in a class action in court or arbitration as a class representative, class member, or class objector; (D) act as a private attorney general in court or arbitration; or (E) consolidate or combine your dispute or claim with the dispute or claim of any other person. Other rights that you would have if you chose to litigate may also be unavailable in arbitration.
Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless [Company Name] and its parent companies, subsidiaries, predecessors, successors, and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, suits, losses, liabilities, damages, costs, demands, and expenses of any kind, including but not limited to reasonable attorneys’ fees, arising out of, caused by, or in any way related to: (1) your breach of these Terms, the documents incorporated by reference herein, or this Agreement; (2) your breach of any representation or warranty in this Agreement; or (3) your violation of any law or the rights of a third party.
Third-Party Websites and Links
Our website may contain content from or links to third-party websites. We are not responsible for any third-party content or websites. We are not liable for any damages or losses incurred as a result of the purchase or use of goods, services, resources, content, or any other transactions related to any third-party websites. Please carefully review and understand the third party’s policies and terms before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the appropriate third party.
User Reviews, Comments, and Other Submissions
We are happy to hear from our users and customers and welcome your feedback on our services and products. You agree that any content you submit to or post on the website and/or provide to us, including but not limited to photos, user reviews, ideas, know-how, techniques, questions, comments, opinions, and suggestions (collectively, “Submissions”), will be treated as non-confidential and non-proprietary information, and we will have a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, reproduce, distribute, display, publish, perform, sell, rent, transmit, adapt, and create derivative works of such Submissions in any manner and in any form. You agree that any Submissions you provide to us are true and accurate in all respects and do not infringe upon or interfere with the intellectual property rights of any third party. You agree that all or part of the Submissions may be used and attributed to the submitter. You agree that we may, at our sole discretion, use your Submissions (including user reviews) for any form of advertising related to products or services, including print and online media. These user reviews do not represent the typical user experience.
Under the Digital Millennium Copyright Act (DMCA), when reporting alleged copyright infringement to us, you must provide the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of the infringing material and information sufficient to allow us to locate the material; (iii) your contact information, including your address, telephone number, and/or email address; (iv) a statement that you have a good faith belief that the disputed material is not authorized by the copyright owner, its agent, or the law; (v) a statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) the physical or electronic signature of the copyright owner or an authorized representative. Failure to provide all of the above information may result in delays in processing your complaint.
Intellectual Property License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, descriptions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations, and other content on this website (hereinafter, the “Website”) are owned by or licensed to us or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress, and other laws of the United States and other countries. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You may not remove or alter any copyright, trademark, or other legal notices affixed to the content. As between you and us, we retain all rights, title, and interest in and to the website and content. Any access granted to you does not constitute a transfer of ownership of any part of the content. You have no other rights except those expressly granted to you in these Terms of Sale or expressly granted to you in writing. You agree to abide by all other copyright notices, information, or restrictions contained in any part of the website. The compilation of the website content is our exclusive property.
You may only access and view the content for your personal, non-commercial use, and in accordance with these Terms of Sale, and you may not use any content to establish any commercial or other enterprise, whether or not for profit. Unless otherwise provided in these Terms of Sale or expressly authorized by us in writing, you may not (directly or through any software, device, website, network service, or other means) download, stream, capture, store in a database, archive, or otherwise copy any part of the website or content; upload, sell, rent, lease, lend, broadcast, transmit, or otherwise disseminate, distribute, display, or perform any part of the website or content; license or sublicense any part of the website or content; or otherwise exploit any part of the website or content in any way. Furthermore, unless otherwise provided in these Terms of Sale or expressly authorized by us in writing, you are strictly prohibited from modifying the content; creating, distributing, or promoting any index of any substantial portion of the content; or otherwise creating derivative works or materials based on the content in any way, including mashups, similar videos, montages, translations, desktop themes, fonts, icons, wallpapers, greeting cards, and merchandise. This prohibition on creating derivative works applies even if you intend to give away the derivative works for free.
Copyright
All materials on this website are copyrighted by their respective affiliated companies. Except as otherwise provided in this agreement, no material on this website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without prior written consent. You are hereby permitted to view, copy, print, and download materials from this website solely for your personal, non-commercial use, provided that such materials are used for informational purposes only and that all copies or portions thereof include this copyright notice. Any of the foregoing rights may be revoked at any time. You may not “mirror” any materials contained on this website on any other server without prior written permission. Upon termination of any rights granted under this agreement, you must immediately destroy any materials downloaded and printed from any website. Unauthorized use of any materials on this website may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.
Assignment
You may not assign any of your rights under these Terms, and any such attempt shall be void. If all or part of our business is transferred to another entity through merger, sale of assets, or otherwise, we and our affiliates may, at our sole discretion and without further consent or notice to you, assign all of our contractual rights and obligations under these Terms.
No Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition; and any failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of these Terms is found to be illegal, invalid, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
If we terminate this agreement, Sections 2-5, 13-17, 19-25, 27, and any representations, warranties, and other obligations made by you shall survive the termination of this agreement.