ReviewLoop eCommerce Inc. (“ReviewLoop”) 

TERMS & CONDITIONS

CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE ORDERING

INTRODUCTION

These Terms and Conditions (“Agreement” or “Terms”) constitute a binding written agreement between ReviewLoop Inc., and its affiliated entities (collectively “Company,” “we,” “us,” or “our”) and you (“you” or “Customer”). To make these Terms easier to read, this Website and any other applications, services, content, and products offered by the Website are collectively called the “Services.” Please read this agreement carefully before using the Services. These Terms of Use describe your legal rights and responsibilities, and by accessing or using the Services, you accept and agree to be bound and abide by this Agreement regarding your use of the Services. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOGOFF IMMEDIATELY.

PLEASE READ : THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT.  PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND REQUIRE YOU TO FOREGO JURY TRIALS, CLASS ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND, UNLESS YOU OPT-OUT BY FOLLOWING THE OPT-OUT PROCEDURES BELOW. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THE MANDATORY ARBITRATION AGREEMENT.

ACCEPTANCE OF TERMS AND CONDITIONS

By making any use of our Websites (“Website” or “sites”), Services, and any purchase from us, you expressly agree to the terms contained herein.

You consent and agree that your use of a keypad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.

ARBITRATION AGREEMENT; DISPUTE RESOLUTION AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Mandatory Binding Arbitration: By agreeing to these Terms, you agree that any dispute, claim or controversy arising out of or relating to the Services or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services (collectively “Disputes”) will be resolved solely by binding, individual arbitration and not in a court of law in any jurisdiction and not in a class, representative or consolidated action or proceeding, as set forth further below. This section is intended to be interpreted broadly and governs any and all Disputes between you and the Company, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and claims that may be adjudicated in small claims court, as provided below.

You and the Company agree to resolve any and all Disputes as follows:

The arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (https://www.adr.org/Rules), Consumer Arbitration Rules (https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) as applicable, and any supplementary rules then in effect (“AAA Rules”), excluding any rules or procedures governing or permitting class actions or class arbitrations and except as modified by this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may initiate an arbitration by calling 800-778-7879 or visiting https://www.adr.org/ContactUs.

Payment of all filing, administration, and arbitrator fees will be governed by AAA’s applicable rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the Company will pay the additional cost. We will also reimburse fees for claims totaling less than $10,000. For claims at or above $10,000, if the arbitrator finds the arbitration to be non-frivolous, the Company will pay the fees invoiced by AAA, including filing fees and arbitrator and hearing expenses.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing or in Salt Lake County, Utah. For individuals residing outside the United States, arbitration shall be initiated in Salt Lake County in the State of Utah, United States of America, and you and the Company agree to submit to the personal jurisdiction of any federal or state court in Salt Lake County, Utah in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: You and the Company agree that each party is waiving the right to a trial by jury or to participate in any purported class, collective, consolidated, or representative proceeding, including in arbitration. The parties may bring claims against the other only in their individual capacities, and not as a plaintiff or a class member in any purported class, collective, consolidated, or representative proceeding.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out:  You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out (“Opt-Out Notice”) (1) by email to  [email protected]  with the subject line, "MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" or (2) by mail at ReviewLoop, Customer Support, PO Box 17568 RPO The Ritz, Vancouver, BC V6E 0B2. The Opt-Out Notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. To be effective, all Opt-Out Notices must contain your full name, address, and signature. If you opt out of these arbitration and class action waiver provisions, the Company also will not be bound by them, but all other terms of the Agreement will continue to apply. Opting out of the arbitration and class action waiver provisions has no effect on any previous, other, or future arbitration agreements that you may enter with us.

You agree that any Dispute between you and the Company shall be governed by the laws of the United States and the State of Utah, without regard to their conflict of laws provisions.

Changes to Arbitration Agreement or Class Action Waiver : If we change this Arbitration Agreement or class action waiver provision after the date you first agreed to the Terms or to any subsequent changes to the Terms, you may reject any such change by providing us with written notice of such rejection within thirty (30) days of the date such change becomes effective. Your written notice must be sent (1) by email to  [email protected]  or (2) by mail at ReviewLoop, Customer Support, 29 Cambridge St., Victoria, BC, Canada V8V 4A7

CHANGES TO TERMS OR SERVICES

The Company reserves the right to make changes to the sites, policies, and to this Agreement at any time and without notice. YOU SHOULD PRINT A COPY OF THIS AGREEMENT AND CHECK BACK FREQUENTLY FOR UPDATES. Your continued use of our sites or of any purchased product or service following any future amendment constitutes your acceptance of any modified terms. If you have any questions regarding these terms, please contact customer care at [email protected].

CANCELLATION POLICY

No cancellation is allowed after purchase, except where required by law or otherwise allowed herein. Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipped. Due to the high volume of orders we receive, we will be unable to stop an order after submitted. PLEASE ORDER CAREFULLY.

CUSTOMER CARE

If you have any questions, please see our FAQ. You can email us at  [email protected] . Company hours are from 9am – 5pm PST.

THIRD-PARTY SITES

The Company sites contain links to other sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external site’s administrator or webmaster.

SITE CONTENT AND CONTENT RIGHTS

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or sites; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services or sites. Content includes without limitation User Content. Any information submitted on the site is subject to the terms of which are incorporated herein.

The Company neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the sites, nor for any offensive, defamatory or obscene posting made by any user. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained through the content on the sites. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or other content, including but not limited to financial, health, or lifestyle information, opinion or other content. USER DATA, REVIEWS, TEST DATA, COMMENTS, E-MAILS, AND OTHER CONTENT; OWNERSHIP AND REMOVAL Visitors and users may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company or its associates for all claims resulting from Content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any Content posted by you or any third party. Test data or testing results may be gathered from beta tests, or quantitative testing via the site or third party tools. You can remove your User Content by deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the sites. The Company and its associates are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

LIMITED RIGHT TO USE

The viewing, printing or downloading of any Content, graphic, form, or document from the site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the site. Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the Content of the site other than for your personal use; and unauthorized framing or linking to the site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

DISCLAIMER OF WARRANTY

The materials contained on the site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or other violations of rights. We assume no liability or responsibility for any errors or omissions in the content of the Services or site, that defects will be corrected, or that any Company site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the site; any losses or damages arising from the use of the content provided on the sites; or any conduct by users of the site, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the materials on any Services or sites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall the Company, its officers, directors, employees, or agents be liable (jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the site, even if the Company or any Company representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Nothing in these Terms purports to limit liability or alter your rights as a consumer that cannot be excluded or waived under applicable law, including California law.

GOVERNING LAW

This Agreement and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise set forth in the Arbitration Agreement above, the exclusive jurisdiction for all Disputes (defined above) that you and the Company are not required to arbitrate will be the state and federal courts located in the District of Utah. You and the Company each agree to waive any objection to jurisdiction and venue in such courts.

LINKS

The site may provide links to other World Wide Web sites or resources not directly affiliated with the Company. We have not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Company sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Company with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither the Company nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this site. No link to the site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from the Company.

INDEMNITY

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and (i) against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the site or (ii) your breach of these Terms or (iii) your infringement of any intellectual property or privacy right of any person. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

TRADEMARKS

This Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of the Company. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of the Company or its Affiliates, unless you first receive the prior written consent of the Company, which the Company may grant or withhold in its sole discretion.

COPYRIGHTS

The copyright in all materials provided on the site is owned by the Company or its affiliate(s). Subject to the following exception, none of the material contained in the site 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 the prior written consent of the Company. Site visitors may only view, copy, print and download the materials on the site for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

SEVERABILITY AND SURVIVAL

Except as set forth in the class action waiver provision above, if any provision of the Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision or portion thereof shall be deemed severable from the Terms and shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

TERMINATION

The Company reserves the right to terminate your access to the site or any of its services if it determines that you do not comply with these Terms; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of the Company’s rights or interests in its site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Services and site and destroy all materials obtained from such site and all copies thereof, whether made under these Terms or otherwise.

LEGAL DISCLAIMER

The information contained on this website is for informational use only and should not be construed as medical advice. Read the entire label before using any Company product, and follow all directions.

Statements made by the Company have not been evaluated by the U.S. Food and Drug Administration (“FDA”). The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use products as per instructions and always watch for any allergic reactions. The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment.

In the event that any individual should use the information presented on this site without a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s approval, that individual will be diagnosing for him or herself.

No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. This information has not been evaluated by the FDA, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.

By using the site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. The Company makes no representation that materials contained in the site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services or site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

ENTIRE AGREEMENT

This is the entire agreement between you and the Company relating to the site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer or assign your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.

Last revised 1/21/21.