Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This website (the “Site”) is the sole property of Cleanse Organic, LLC (referred to herein as the “Company,” “we” or “our”). By using this Site and/or purchasing any products and/or services referenced in the Site, you signify that you agree and consent to be bound by the Terms and Conditions contained herein. If you do not agree to all of these Terms and Conditions, you are not permitted to use this Site.
The Company may modify and/or update these Terms and Conditions at any time. Your continued usage of the Site and/or purchase of any products or services referenced in the Site will signify your acceptance of those changes. The Terms and Conditions, as modified or updated from time to time, shall be referred to herein as the “Agreement.”
This Agreement is entered into by you (sometimes referred to herein as the “Customer”) and the Company.
The Company is committed to customer safety and satisfaction. To ensure these, please read this Agreement, including without limitation our Health Disclaimer, prior to using this Site and/or purchasing any products and/or services referenced herein.
In addition, prior to entering and using the Private Members Forum contained in this Site, please read the terms pertaining to the Private Members Forum set forth at the end of these Terms and Conditions. By entering and/or using the Private Members Forum, you signify that you agree and consent to be bound by the terms of this Agreement, including without limitation the terms pertaining to the Private Members Forum.
The Company is not engaged in the practice of medicine and does not provide medical advice. This Site, and the Company’s products and services, are not intended to be a substitute for professional medical advice, diagnosis or treatment. The Company’s “Cleanse Organic” products and services are not medical products or services and have not been evaluated by the Food and Drug Administration (the “FDA”). In addition, the statements contained in the Site have not been evaluated by the FDA. Please consult with your own physician or health care provider regarding the suggestions and recommendations contained in the Site.
The views and nutritional advice expressed by the Company are not intended to be a substitute for conventional medical advice or treatment. If you have a medical condition, see your physician of choice. Always work with qualified medical professionals, even as you educate yourself about detoxification and cleansing. Customers should not begin any program without first consulting a licensed health professional.
No information offered on the Site, nor any products or services sold on this Site, should be interpreted as a diagnosis of any disease. The Company’s products and services are not intended to diagnose, treat, cure and/or prevent any disease, illness or medical condition.
Do not use Cleanse Organic, unless you have the permission of your personal physician, if you:
-- Are under 18 years of age;
-- Are pregnant or breastfeeding; or
-- Are taking any medications.
Do not use Cleanse Organic, unless you have the permission of your personal physician, if you have any medical conditions or issues, including, without limitation:
-- Any gastrointestinal disorders (e.g., Crohn’s disease, ulcerative colitis, gastritis);
-- Any autoimmune disorders;
-- Liver disease or hepatitis; or
-- Are undergoing cancer treatment of any kind.
Cleansing may be appropriate in some of these situations, but only you and your doctor can decide if Cleanse Organic is right for you.
Important Note Regarding Birth Control: Any Customers using birth control pills of any type should use a back-up method during the cleansing program and for a period of time after completing the program, as determined by your physician. Please see http://www.cleanseorganic.com/CleanseOrganic/WhyCleanse/IsCleanseOrganicforme/index.cfm for more details.
Coaching sessions are offered in connection with the sale of the Company’s Cleanse Organic program. Although the coaching sessions may be purchased through the Company, the Coaches are not employees of the Company. The Coaches are independent contractors of the Company, and appointments must be made directly with each Coach. After the purchase of the Cleanse Organic program, the Company will arrange for your Coach to contact you to schedule your sessions.
A scheduled coaching session may be re-scheduled at least twenty-four (24) hours in advance, but each session may be re-scheduled a maximum of only two (2) times, and if not utilized after being re-scheduled twice such session shall be forfeited. Missed appointments or those cancelled with less than 24 hours' notice will be forfeited.
While coaching is highly recommended and considered to be an essential part of the program, it is each participant's choice whether or not to use their coaching sessions. If you choose not to use your coaching sessions, please let your coach know as soon as possible. Please note that unused coaching sessions are not refundable.
Cleanse Organic coaching is intended to provide information and answer questions about the Cleanse Organic program, help you plan and prepare healthy meals and make professional referrals when appropriate. You understand that the Coaches are not doctors, therapists or any other form of health professional. The Coaches do not provide medical advice or treatment, counseling or therapy. Coaching sessions do not involve the diagnosis, treatment, cure or prevention of disease, illness or medical conditions.
You acknowledge that you understand that your Coach provides a service directly to you, independent of the Company, and that your client-coach relationship is unique to your coaching relationship with your Coach, and that your client-coach relationship is independent of your relationship with the Company as a customer of the Company.
In that regard, you agree that in the event that you have any claims related to the coaching sessions and/or your Coach(es), you will look solely to your Coach(es), and shall not make or bring any actions, demands, lawsuits or other claims against the Company, its affiliates and/or their shareholders, members, directors, officers, employees, contractors, manufacturers, representatives and/or agents.
You hereby, irrevocably and unconditionally, waive, release and discharge the Company, its affiliates, and their shareholders, members, directors, officers, employees, contractors, manufacturers, representatives and/or agents (the “Releasees”), from any and all actions, causes of action, lawsuits, demands and any and all other claims (collectively, “Claims”), you may have related to the coaching sessions and/or your coach(es) (the “Coaching Services”), and further agree to indemnify, defend and hold harmless the Releasees from and against any and all costs, expenses, fees (including reasonable attorney’s fees and costs), damages, losses and any other liabilities resulting from any and all Claims made or brought against the Releasees by you, and/or your successors, heirs, executives and representatives, related to, in connection with and/or pertaining to the Coaching Services.
In connection with the previous paragraph, it is further agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
“Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
As used in this Agreement, the term “services” includes but is not limited to the Coaching Services.
Our goods and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the generality of the foregoing, our goods and services are not available to minors. If you do not qualify, please do not use our Site, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
The Company provides links to third-party websites as a convenience to our Customers. The existence of these links IS NOT to be construed as an endorsement by the Company of the content of any of these external websites, nor does the Company take any responsibility for the content, the accuracy of the information and/or the quality of products or services provided by, or advertised on, the third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. All material on the third-party websites is provided “as is” and without warranties of any kind either express or implied, including but not limited to all warranties of merchantability, fitness for a particular purpose and non-infringement.
The Customer agrees to compensate the Company for any goods and/or services ordered through the Site in U.S. Dollars at the full purchase price, less any promotions or discounts offered by the Company.
The Site, the Forum (as defined below), the Content (as defined below) and the Company’s products and services are provided on an "as is" basis without warranties of any kind. THE COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE RELATED THERETO, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall the Company, its affiliates, and their shareholders, members, directors, officers, employees, contractors, manufacturers, representatives and/or agents (collectively, the “Company Agents”) be liable for any loss and/or damages (including without limitation lost profits, or any direct, indirect, special, incidental, consequential, punitive or multiplied damages, personal injury/wrongful death, or damages resulting from lost data or business interruption) arising out of or in connection with the use of or inability to use the Site, the Forum (as defined below), any Content (as defined below) contained in the Site, the Company’s products (including without limitation defective products) and/or services and/or this Agreement, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company and/or the Company Agents are advised of the possibility of such damages; you hereby waive any and all claims against the Company Agents arising out of and/or related to your use of the Site, the Forum, the Content and the Company’s products and services. The Company and the Company Agents shall be liable only to the extent of actual damages incurred by any Customer or third party, not to exceed the greater of (A) the amount of the purchase and (B) $100. Customer acknowledges that this limitation of liability is part of the consideration of this Agreement, and was specifically included by the Company in the calculation and establishment of the prices paid by Customers, which, but for this limitation, would have been much higher. The Company and the Company Agents are not liable for any personal injury, including death, caused by your use or misuse of the Site, the Content and/or the Company’s products and/or services. Any claims arising in connection with same must be brought within one (1) year of the date of the purchase of the product or service giving rise to such claim. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
You agree to defend, indemnify and hold the Company, its affiliates, and their shareholders, members, directors, officers, employees, contractors, manufacturers, representatives and agents, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees and expenses, resulting from or related to, or alleged to result from or be related to, your breach of the terms of this Agreement or the documents it incorporates by reference, or your violation, or alleged violation, of any law or the rights of any third parties.
You agree that you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Company’s goods and/or services. The Company’s products and services may only be purchased by residents of the United States of America. The Company makes no claims that the Site and/or the Content (as defined below) are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Company’s goods and/or services, excluding legal action taken by the Company to collect our fees and/or recover damages for, or to obtain an injunction relating to, the Site, operations and/or intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Cruz, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The Company may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Cruz, California, or any other location as required by law, necessary to protect the rights or property of the Company, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs. Parties agree that the Federal Arbitration Act shall apply to this Agreement.
This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with the Company and/or any Company Agents relating in any way to this Agreement, the Site, the Company’s products and/or services, resides in the state and federal courts located in Santa Cruz County in the State of California, and that venue is proper in such courts. You expressly consent and submit to the personal jurisdiction of such courts, and provide that you will not raise any claim of inconvenient forum.
Copyright and Trademark
The trademarks, names, logos and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered trademarks of the Company (except as may be otherwise indicated). The Company is the sole owner of the Site, including without limitation all Trademarks, text, graphics, images, information and other material contained herein (collectively, the “Content”), and the Company is the sole owner of all copyright and other intellectual property rights in and to the Content in the United States and other countries. Nothing contained in this Site should be construed as granting any license or right to use the Content or any Trademark without the prior written permission of the Company. You agree not to copy or redistribute any Content, including without limitation any Trademarks, for any purpose. You further agree not to compromise any security features of the Site. The Company acknowledges that Content does not include materials submitted to the Private Members Forum by users (other than the Company, its employees and agents), materials contained in the Site but attributed to third parties, and any third-party websites referred to and/or linked herein.
Except as explicitly stated otherwise, any notices to the Company shall be given by first class mail to Cleanse Organic, LLC, PO Box 7188, Santa Cruz, CA 95061, and shall be deemed delivered upon receipt thereof by the Company. Any notices to you shall be given by first class mail to the address you provide to the Company during the purchase process, and shall be deemed delivered 3 days after the date of mailing.
A. This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral and/or written negotiations and/or representations of the parties hereto made in relation to this transaction. This Agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein. B. You may not amend or modify this Agreement. C. Any waiver or forbearance by the Company of any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach. D. This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns. E. If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
Shipping & Delivery
Shipping charges are calculated based on the speed of the shipping option you choose, plus the weight of the items. To reflect the policies of the shipping companies we use, all weights are rounded up to the next full pound. On rare occasions, the actual shipping and handling charge may differ slightly from the quoted charge. The Company is not responsible for any delays caused by third-party shippers.
If you are not satisfied for any reason with the Cleanse Organic program or any of the program supplements, you can request a refund within twenty-eight (28) days of your purchase. In order to receive a refund of the full Cleanse Organic program price (less the service fee below, and excluding unused coaching sessions), ALL ITEMS, including opened and unopened bottles and canisters and your program manual, must be returned to the Company. You may also return individual supplements to the Company for any reason within such 28-day period, and the Company shall refund to you the price attributed to such supplement(s) (less the service fee). Refunds will be issued upon receipt of the returned product by the Company, less a thirty percent (30%) service fee for restocking and customer service. Shipping costs are not refundable, and you will be responsible for the return shipping expenses. Only one refund per item per Customer.
Unused coaching sessions are not refundable.
How To Request a Refund
DO NOT SEND RETURNS TO OUR PO BOX. Please see instructions below.
The first step in the refund process is to obtain a refund authorization number (RA#). Please email us at email@example.com with the following:
- Your order number
- The items you would like to return
- The reason you are returning your kit/products
Once our team reviews your request, you will be given a shipping address where you can return your items. Simply enclose a note with your return indicating how you would like your credit to be issued, i.e., whether you would like your credit card credited or store credit issued. No refunds will be given unless all items are received (see above).
Consultations with Dr. Shunney
Dr. Shunney and other naturopathic doctors can be reached through Customer Service to answer brief questions concerning your Cleanse Organic program experience. These brief consultations are for informational purposes only related to the Cleanse Organic program, are not a substitute for medical advice from your doctor, and do not constitute the practice of medicine, naturopathic or otherwise.
Dr. Shunney does operate a practice as a naturopathic doctor apart from the Company. Dr. Shunney is available during practice hours for phone consultations and office visits in Santa Cruz, California. If you would like to become a patient of Dr. Shunney’s, or for more information, please call 831-465-9088. Dr. Shunney’s naturopathic medicine practice is unrelated to the business of the Company.
Private Members Forum
The Site includes a private members forum (the “Forum”) which allows you and other users of the Site to express opinions about the Company’s products and services, give testimonials, post information and provide feedback. You acknowledge that the Company does not control the information available on the Forum, and that any opinions, testimonials and other content posted on the Forum are those of their respective authors, who are solely liable for their content. The Company does not represent or endorse the accuracy or reliability of any testimonial, advice, opinion, statement, or other information submitted to and/or posted on the Forum by any user. You acknowledge that any reliance upon any such information shall be at your sole risk. Any users located outside the United States are solely responsible for adhering to the laws and regulations of such users’ jurisdiction, and the Company shall not be responsible for any violations of such laws and/or regulations by such user.
The Company may monitor the Forum from time-to-time, but is not under any obligation to do so, and such monitoring shall not be continuous. The Company may, in its sole discretion, edit, refuse to post or remove any material submitted to or posted on the Forum in any form, including without limitation text, audio, video and photographs, and you waive any and all of your intellectual property rights, including without limitation moral rights in and to such material, that would otherwise prevent the Company from altering such material. With respect to any material you submit to or post on the Forum, you grant the Company a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to freely utilize such material, including without limitation the right for the Company and/or its designees to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt in any form or media now known or hereinafter developed, any material submitted or posted by you on the Forum.
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you will not post or transmit (i) any defamatory, harassing or objectionable material of any kind; or (ii) any material involving and/or encouraging conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law; and (c) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless the Company, its affiliates, and their shareholders, members, directors, officers, employees, contractors, manufacturers, representatives and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or related to any material that you post or transmit on the Forum, and any breach by you or any user of your account of the terms of this Agreement and/or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.