By using, accessing or ordering products from this Website, you hereby agree to all of the following terms.
YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED TO YOU, AND FUTURE SHIPMENTS OF PRODUCT, IF YOU FAIL TO NOTIFY TO STOP SUPPLYING THE PRODUCT TO YOU.
By placing my order, I agree to the Terms of Offer, which explain that I must cancel within 14 days of today to avoid enrollment in monthly delivery program which ships fresh supply and charges $119.38 (USD) upon the end of the trial period, and subsequently $119.38 (USD) monthly thereafter. You will be charged on same card provided today. If you wish to cancel, please call: 833-864-0341
If you have any questions about Risk Free Trial, please contact Customer Service Department toll-free at 833-864-0341. Customer Service Department is open:
Monday-Friday 9:00am-6:00pm EST
Company allows 14 days for you to try product and 4 days for shipping. Your 14 day (“Risk Free Trial”) period begins 4 days after you place your order on the (“Total Radiance”) Website. The Risk Free Trial Period is calculated in calendar days, NOT business days. To extend Your Risk Free Trial Period due to slow postal delivery outside of the Risk Free Trial period, you must call Customer Service Department toll-free at 833-864-0341. Generally, Company will grant reasonable requests to extend Your Risk Free Trial Period. If you like the Product and want to continue to receive it on a monthly basis, you don’t have to do anything else. On the 18th day after the day you place your order; your credit card will be billed for the full amount of the Product You ordered. After that, a thirty (30) day supply of the Product will be automatically sent to you every calendar month, and the credit card you provided will be automatically billed for the Product upon shipment of the Product to You. In the unlikely event you are not satisfied with the Product and want to cancel future deliveries of the Product, You must call Customer Service Department toll-free at 833-864-0341 prior to the expiration of the Risk Free Trial Period and cancel your order. You need not return the product if you cancel before the Risk Free Trial Period ends.
IMPORTANT: If you don’t call before the Trial Period ends, your credit card will be charged for the Product that was sent to you.
Trial Smart Retailing Subscription
Company allows 90 days for you to try the Smart Retailing Subscription program, which includes four magazine subscriptions of your choice, and free credit scores. Trial begins from the date of your order. The Risk Free Trial Period is calculated in calendar days, NOT business days. If you like the service and want to continue your membership on a monthly basis, you don’t have to do anything else. When the Risk Free Trial Period ends, your credit card will be billed the full membership price. You may cancel your membership anytime, make address or title changes by calling (SMR)-Toll-Free 877-870-6893.
To cancel your order at any time (either before or after Your Trial Period ends); call Customer Service Department toll-free at 833-864-0341 (North America). If You are ever not satisfied with any Product that You ordered, You may call Customer Service Department toll-free at 833-864-0341 (North America) and request a refund. Company will do whatever is necessary to ensure 100% customer satisfaction.
If You believe that You have been billed improperly, please notify Customer Service Department toll-free immediately at +1 833-864-0341. If Company do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of its publication.
TERMINATING THIS AGREEMENT
This Agreement will remain in effect as long as You access the Website or order anything from the Website. Company reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who Company believe, in sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Company provide, or (iii) is unable to provide with sufficient information to allow to properly identify the customer’s real name, address, or other contact information.
Products have not been evaluated by the FDA, and Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and are dependent on factors including age, weight, diet, and exercise regimen. Company does not warrant or represent that Products will provide You with any particular benefits, or that Your results will match those of others who consume Products. Individual results will vary from person to person. You agree that You either have consulted, or will consult, with a physician before taking any of Products, and You will cease immediately taking Products if You experience any ill effects or unintended side effects of any Product. You understand and agree that the information Company convey about Products is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). Company do not warrant or represent that such information is error-free, and Company do 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. The Website is the sole and exclusive property of Total Radiance or its licensor’s, and is protected by copyright and trademark laws of the United States. Do not use or copy any of the images, text, graphics, or other materials located at the Website without permission.
LIMITATION OF LIABILITY; NO WARRANTIES
In no event shall Total Radiance or its officers, directors, employees or subcontractors 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 Products, or Customer’s use of the Website or any Product.
Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided “as is”, without any warranty whatsoever. You agree that Total Radiance 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 Total Radiance in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Total Radiance 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 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.
You agree to comply strictly with all of the terms of this Agreement. You also represent that (i) You are age eighteen or older, (ii) You have read this Agreement and understand its terms, (iii) You will not re-sell or re-distribute any Product that You order from the Website, (iv) Total Radiance has the right to rely upon all information provided to Total Radiance by You, and (v) Total Radiance may contact You by email, telephone or postal mail for any purpose.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided, and shall be deemed delivered once sent. Notices by customers to Total Radiance must be sent in writing to the following address: Total Radiance Customer Support, 1148 Pulaski Hwy., STE 352 Bear, DE 19701
You agree to defend, indemnify, and hold harmless Total Radiance, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Company 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 Company does not hear from You promptly, Company reserves the right to defend such claim or suit and seek full recompense from You.
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Florida, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Palm Beach County, Florida, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Palm Beach County, Florida for such purpose.
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal. No waiver of or by Total Radiance 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. Total Radiance shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond 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 the Total Radiance performance.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. This Agreement constitute 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. Total Radiance 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. Total Radiance does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Total Radiance in writing, these terms and conditions may not be amended by you.
Arbitration of Dispute
In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Beach County, State of Florida or in the county in which the consumer resides, in accordance with the Laws of the State of Florida for agreements to be made in and to be performed in Florida. The parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not attorney’s fees) of arbitration equally. If the consumer’s share of the cost (not fees) is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumers share of costs in excess of that amount. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.