Welcome to TUSOL’s Terms of Use (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully.

By accessing or using the websites, blogs, as well as our Facebook, Instagram, Twitter and other social media or interactive pages (collectively, the “Sites”) provided by TUSOL, LLC. or our subsidiaries or other affiliates (collectively, “TUSOL,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the smoothies or other products made available through the Sites (collectively, the “Products”).

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms. 

 

Privacy Policy

 

We at TUSOL, LLC. (“TUSOL,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of TUSOL in connection with our online services (the “Services”), which are made available to you through a variety of platforms, including our website https://tusolwellness.com (the “Website”). By visiting our Website and/or using our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

 

 

1. The information we collect

 

Personal Information

We collect certain information you provide directly to us. When you sign up to become a customer, purchase a gift box or gift card, enter a contest, promotion, or sweepstakes, or sign up to receive our recipes, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, e-mail address, mailing address, and phone number. We do not collect any Personal Information from you when you use the Services unless you provide us with the Personal Information voluntarily.

 

1.2. Billing Information

When you sign up for a subscription or purchase a gift box or gift card, you will be required to provide certain information in addition to the Personal Information noted above. Such information may include a debit card number, credit card number, and similar information (collectively, the “Billing Information”). All transactions are processed by our third-party payment vendors. We do not collect, store, or maintain any Billing Information. Instead, it is collected and processed through these third-party vendors pursuant to the terms and conditions of their privacy policies and terms of use.

 

1.3. Other Information

In addition to the Personal Information and the Billing Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:

 

From Your Activity. Information that we automatically collect when you use the Services, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, order information, and similar information concerning your use of the Services.

 

From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Services. If you do not want the Platform to place a cookie on your hard drive or mobile device, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept cookies from us, the Services may not function properly.

 

From You. Additional information about yourself that you voluntarily provide to us, such as your hobbies, personal interests, household income range, number of children, gender, demographic information, and product and service preferences.

 

From Other Sources. Information that we collect or receive from other sources.

 

2. The information collected by or through third-party advertising companies

 

We may share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

 

3. Accessing and Modifying Personal Information and Communication Preferences

 

If you have registered for the Services, you may access, review, and make changes to your Personal Information and Billing Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any TUSOL marketing email. You cannot opt out of receiving transactional e-mails related to your account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

 

4. How We Use and Share the Information

 

We use the Personal Information, the Billing Information, and the Other Information to process transactions; provide you the Services; solicit your feedback; inform you about our Products, services, upcoming events, recipes, and special promotions and those of our third-party marketing partners; administer and process contests, promotions, and sweepstakes; and improve our Services to you. Also, we may share Personal Information, the Billing Information, and/or Other Information as described below. We employ other companies and individuals to perform functions on our behalf. Examples include food services, delivery services, marketing assistance, information technology support, and customer service. These other companies will have access to the Personal Information, the Billing Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.
To administer our contests, promotions, and sweepstakes, we may share your Personal Information and Other Information with our third-party promotional and marketing partners

 

In an ongoing effort to better understand our users and our Services, we might analyze the Other Information in aggregate form in order to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and Services to current and prospective business partners and to other third parties for other lawful purposes.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, the Personal Information, the Billing Information, and the Other Information may be part of the transferred assets.

 

To the extent permitted by law, we may also disclose Personal Information, the Billing Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of TUSOL or others.

 

5. How We Protect Your Information

 

We take commercially reasonable steps to protect the Personal Information, the Billing Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

 

6. Important Notice to Non-U.S. Residents

 

The Platform and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Services and/or providing us with any information, you consent to this transfer.

 

7. Children

 

We do not knowingly collect Personal Information from children under the age of 13 through the Services. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

 

8. External Websites

 

The Platform may contain links to third-party websites. TUSOL has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

 

9. Changes to This Privacy Policy

 

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Platform as soon as they go into effect. By accessing the Platform or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer to this Privacy Policy on a regular basis.

 

10. How to Contact Us

 

If you have questions about this Privacy Policy, please e-mail us at hello@tusol.wpengine.com.

 

 

Terms of Use

 

1. Description and Use of the Platform

 

TUSOL delivers powdered organic protein and superfood smoothie blends and other Products. Through our Platform, we offer package and subscription Services, where we deliver single-serve packs of powdered ingredients you need to make a delicious blend, in exactly the right proportions, as well as other Products. We’ve designed our Services to taste amazing, save prep time, and reduce unnecessary waste.

 

2. Eligibility

 

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one TUSOL account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

 

3. Community Guidelines

 

TUSOL’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website or the Platform, you hereby agree to comply with these community rules and that:

 

• You must be the age of majority in their jurisdiction and capable of entering into binding contracts;
• You will not use the Website or the Platform for any unlawful purpose;
• You may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
• You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
• is false, deceptive, misleading, deceitful, or misinformative;
• infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
• is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
• discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
• You will not access or use the Website or the Platform to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Platform; and
• You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data

 

Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.

 

4. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for a TUSOL account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

 

By creating a TUSOL account, you also consent to receive electronic communications from TUSOL (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

5. Terms of Sale

 

5.1  Subscriptions; Continuous Subscriptions; Cancellation Policy

 

Subscriptions.  We offer different subscription plans for our Products (each, a “Subscription”). For more information about our Subscriptions, please visit our FAQs. Note that we do not currently deliver Products to every location, so please visit our FAQ page to see if we deliver to your area.

 

Continuous Subscriptions. TUSOL Subscription Service. The TUSOL Subscription Service is an automatic recurring subscription service. As part of the TUSOL Subscription Service, we offer a number of subscription options that you choose from (each, a “Plan”). Each month or every other month (excluding those you choose to skip in accordance with the Agreement) you will receive a package from TUSOL including the contents of your chosen plan (each a “Delivery”). You can find specific details regarding your plan and the TUSOL Service (“Account”) by accessing the Site and accessing your Account details. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) TUSOL (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT TUSOL WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. YOU MAY SKIP YOUR MONTHLY ORDER AS OFTEN AS YOU’D LIKE BY MANAGING YOUR DELIVERY SCHEDULE IN YOUR ACCOUNT SETTINGS.

 

Cancellation Policy.  CANCELLATION POLICY. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL IN YOUR ACCOUNT SETTINGS OR BY EMAILING US AT HELLO@TUSOLWELLNESS.COM AND FOLLOWING THE INSTRUCTIONS YOU RECEIVE. YOU MAY CANCEL AT ANY TIME, BUT IF YOU CANCEL AFTER THE MONTHLY CUTOFF, YOU WILL STILL RECEIVE, AND BE CHARGED FOR, THE NEXT MONTH’S SHIPMENT. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

In the event you cancel your Subscription, please note that we may still send you promotional communications about TUSOL, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

 

5.2 Gift Box

 

You have the ability to purchase a gift box, which may be purchased for other recipients through the Sites (“Gift Box"). Gift Boxes are eligible for purchase if the recipient resides within our delivery zone.

 

When you purchase a Gift Box, we will send an email to the Gift Box recipient that can be used to redeem the Gift Box. Unless otherwise specified in connection with a specific promotion, the Gift Box recipient will be required to create a TUSOL account in order to access the Sites and redeem the Gift Box. Gift Box purchases are not refundable or redeemable for cash, unless otherwise required by applicable law. Gift Boxes do not expire.

 

5.3 Gift Cards

 

5.3.1 Redemption; Balance.

 

TUSOL may provide gift cards from time to time in connection with specific promotions (each, a “Gift Card”). The terms and conditions applicable to Gift Cards will be those set forth on the Gift Card or those terms on the Sites that are specifically referred to in connection with such Gift Card or promotion. Unless otherwise expressly indicated, Gift Cards may only be used to redeem subscription services from TUSOL. Gift Cards may not be reloaded, resold, transferred or valued or redeemed for cash, unless otherwise required by applicable law. No portion of the balance on your TUSOL Gift Card may be transferred to another TUSOL account.

 

Our TUSOL Gift Cards may require the recipient to set up a TUSOL account. In such cases, the recipient of a Gift Card will be required to provide an e-mail address when redeeming the TUSOL Gift Card. For more information about our subscriptions, cancellation policy and recurring charges please refer to the respective sections in our Terms & Privacy. No taxes are charged on the purchase of TUSOL Gift Cards.  Applicable taxes may be charged when TUSOL Gift Cards are redeemed. Certain products, including those that are not available on a subscription basis, may not be available for purchase with a TUSOL Gift Card.

 

Unless otherwise expressly indicated, purchases made with your Gift Card will be deducted from your TUSOL Balance. Any unused TUSOL Balance will remain associated with your TUSOL account, but if a purchase exceeds your TUSOL Balance, you must pay the remaining amount with a credit card (or other approved payment method).

 

5.3.2 Limitations; Restrictions; Risk of Loss.

 

Gift Cards are non-refundable. We are not responsible for any lost, stolen or destroyed Gift Card or use by someone other than yourself or the intended Recipient. These Gift Card terms are subject to change without notice at any time and in our sole discretion. TUSOL Gift Cards are void where prohibited.

 

Use of Gift Cards for unauthorized advertising, marketing, sweepstakes or other promotional or commercial purposes is strictly prohibited. TUSOL Gift Cards may not be combined with certain promotional offers. We reserve the right to refuse TUSOL Gift Card sales to anyone and limit how many TUSOL Gift Cards an individual may purchase or redeem.  If we suspect that a TUSOL Gift Card is obtained, used or applied to a TUSOL account fraudulently, unlawfully or otherwise in violation of these Gift Card Terms, we reserve the right to void TUSOL Gift Cards or any component of your TUSOL Balance, close your account, and bill alternative forms of payment.

 

5.3.3 Expiration.

 

Unless otherwise expressly indicated, Gift Cards do not expire or decrease in value if you do not use them. We do not charge activation, service charges or dormancy fees.

 

5.3.4 Promotional Cards.

 

From time to time, you may be awarded with or receive "rewards," "promotional gift cards", "credits", "vouchers" or similar physical or electronic gift cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program (collectively, "Promotional Cards"). All terms and conditions that are affixed to or otherwise provided in connection with such Promotional Cards shall apply, including any expiration dates, delayed activation dates or any other additional restrictions or exemptions as provided on the Promotional Cards themselves or any packaging or other written materials that accompany such Promotional Cards or any applicable law. To the extent not provided in connection with such terms and conditions, the Gift Card Terms shall apply to such Promotional Card.

 

5.4 Free Trials

 

From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.

 

ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTIONS 4.1 AND 4.2 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

 

5.5 Payment and Billing Information

 

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your TUSOL account, you can do so at any time by logging into your account and editing your payment information.

 

You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

 

5.6 Pricing and Availability

 

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Sections 4.1 and 4.2, as applicable.

 

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at hello@tusol.wpengine.com.

 

5.7 Taxes

 

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

 

5.8 Shipping and Handling

 

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.

 

5.9 Deliveries

 

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. Each box is carefully packaged to stay sealed unit the time of delivery. To maintain the highest quality and integrity of your products, you should keep stored in a cool, dry place. If at any time you believe that the Product in your delivery is not suitable for consumption, contact us at hello@tusol.wpengine.com.

 

From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling.

 

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. However, depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Products prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your TUSOL account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

 

If you would prefer that someone have to sign for the delivery, please let us know the specific instructions. In such cases, if you, your doorman, your neighbor, or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee shall apply). If we are unable to reschedule the order for any reason, the order will be canceled and you will be charged the applicable fee for the order.

 

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

 

5.10 No Resale

 

You are not permitted to resell or otherwise use the Products for commercial purposes.

 

5.11 Returns and Refunds

 

If you are dissatisfied with a Product or ingredient for any reason, please contact us at hello@tusol.wpengine.com within seven (7) days of the date you received the Product and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that item. We may arrange a return or require photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit or refund.

 

6. License to Access and Use Our Sites and Content

 

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the TUSOL logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of TUSOL or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

 

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of TUSOL or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by TUSOL or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

 

6.1 Repeat Infringer Policy; Copyright Complaints

 

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

 

Name of Designated Agent: Ilana Friedman
Address:  TUSOL, LLC., 30765 Pacific Coast Hwy #543, Malibu, CA 90265
Email: hello@tusol.wpengine.com

 

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

7. Trademarks

 

“TUSOL,” the TUSOL logo and any other TUSOL Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of TUSOL and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “TUSOL” or any other name, trademark or Product or service name of TUSOL without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of TUSOL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by TUSOL.

 

8. Hyperlinks

 

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray TUSOL or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a TUSOL logo or other proprietary graphic of TUSOL to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any TUSOL trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.

 

TUSOL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

 

9. Third Party Content

 

We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that TUSOL is not responsible or liable in any manner for such interactions or Third-Party Content.

 

10. User Conduct

 

You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:

 

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from such user and TUSOL;
• Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
• Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
• Develop any third-party applications that interact with User Content or the Sites without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
• Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms

 

11. User Content

 

The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.

 

By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:

 

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• User Content that impersonates, or misrepresents your affiliation with, any person or entity;
• User Content that references or depicts TUSOL or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a TUSOL employee or paid blogger);
• User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
• User Content that contains any private or personal information of a third party without such third party’s consent
• User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
• User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose TUSOL or others to any harm or liability of any type.

 

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

 

12. Rights in User Content

 

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., TUSOL’s Facebook page, Instagram page or Twitter feed), you hereby grant TUSOL a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

 

By uploading, posting or submitting User Content to TUSOL through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize TUSOL to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

 

13. Feedback

 

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about TUSOL, the Sites or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of TUSOL. TUSOL shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

14. Indemnification

 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TUSOL, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “TUSOL Parties”), from and against all actual or alleged TUSOL Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify TUSOL of any third party Claims and cooperate with the TUSOL Parties in defending such Claims. You further agree that the TUSOL Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and TUSOL.

 

15. Disclaimers

 

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE [AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING SOME OF THE EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.] WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TUSOL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

 

16. Limitation of Liability; Release

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUSOL OR ANY OF THE OTHER TUSOL PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM TUSOL, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TUSOL’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TUSOL AND THE OTHER TUSOL PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE TUSOL MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCT, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE TUSOL AND THE OTHER TUSOL PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE TUSOL AND THE OTHER TUSOL PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH TUSOL PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “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.”

ACCESS TO THE TUSOL OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF TUSOL SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

17. Modifications to the Sites and Products

 

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability.

 

18. Arbitration and Dispute Resolution

 

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at hello@tusol.wpengine.com.
In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/aaa/faces/rules) (except that you may assert individual claims in small claims court, if your claims qualify). You and TUSOL each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor TUSOL shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member, class representative, or in any other representative capacity.

 

The arbitration will be conducted by a single, neutral arbitrator and will take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and TUSOL. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. TUSOL agrees that, upon request, it will pay a consumer’s filing fee for the arbitration.

 

For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential.

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or TUSOL be permitted to participate in a class action lawsuit or class-wide arbitration.

 

19. Miscellaneous

 

These Terms constitute the entire agreement between you and TUSOL relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of TUSOL. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and TUSOL’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

20. Medical advice. This site does not provide medical advice.

 

If you are in the United Sates and experiencing a medical emergency, dial 911 or call for emergency medical assistance. This website does not offer medical advice and nothing on the website is intended to constitute professional advice for medical diagnosis or treatment. You should not rely on information received via this website for medical, legal or financial decisions. Always consult with an appropriate professional for specific advice related to your situation.

 

The information on this Website is for your general information only. The Website cannot, and is not intended to, replace the relationship that you have with your health care professional.

 

 

 

TUSOL Wellness Affiliate Program

 

Terms of Service

 

 

By signing up for the TUSOL Wellness Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

 

TUSOL Wellness reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Program after any such changes shall constitute your consent to such changes.

 

We have the right to terminate an Account for any reason we see fit at any time. Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation.

 

GENERAL REQUIREMENTS FOR ACCEPTANCE:

 

You must operate a website or business in the United States.

You must have an established website and/or social media following.

You must be in compliance with our Terms of Service

No coupon or offer sites.

 

ENROLLMENT:

 

After receiving your application, we will review your information and notify you of your acceptance into our Program. Please allow up to 2 weeks for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision.

 

WEBSITE RESTRICTIONS:

 

Your participating website(s) may not:

 

Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.

 

Violate any law, rule or regulation.

 

Contain any content that is defamatory, obscene, threatening, harassing, harmful to minors, or contains nudity, pornography or sexually explicit materials.

 

Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

 

Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

 

LINKING TO OUR WEBSITE:

 

Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.

 

You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).

 

Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

 

PPC GUIDELINES:

 

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

 

You may not bid on any of our *trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.

 

You may not use our trademarked terms in sequence with any other keyword (i.e. TUSOL Wellness Coupons or TUSOL Coupons).

 

You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.

 

You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.

 

If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding.

 

*TRADEMARK TERMS

 

TUSOL, TUSOL Wellness, tusolwellness.com

 

COUPON GUIDELINE:

 

You may not use a coupon or offer sites to promote our program.

 

You may not submit your affiliate code to any coupon sites.

 

Any transaction coming from a coupon or offer site will be reversed.

 

You may ONLY advertise coupon/discount codes that are provided exclusively to you through the affiliate program.

 

DOMAIN NAMES:

 

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. tusolwellness.website.com or www.tusolwellness-coupons.com

 

SOCIAL MEDIA:

 

Use of any of our trademarked terms as part of your social handle is strictly prohibited i.e. facebook.com/TUSOL-Wellness-Coupons

 

EMAIL:

 

If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

 

Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.

 

E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of TUSOL Wellness.

 

REVERSAL & COMMUNICATION POLICY:

 

We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. If we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. If any of the following apply, then we reserve the absolute right to reverse orders or suspend you from the program.

 

You are not forthcoming, intentionally vague or are found to be lying.

 

You are not responsive within a reasonable time period.

 

You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

 

Contact: affiliate@tusolwellness.com with questions.

 

Referral Program

Terms & Conditions

 

 

Last Updated: January 4, 2020

 

Welcome to the TUSOL Referral Program (“Referral Program”). These Referral Program terms and conditions (“Referral Terms & Conditions”) govern your participation in the TUSOL Referral Program so please read them carefully. By participating in the Referral Program, you agree to abide by these Referral Terms & Conditions. If you don’t agree to these Referral Terms & Conditions, you may not participate in Referral Program.

 

These Referral Terms & Conditions are in addition to the TUSOL Terms of Use, but only to the extent necessary to govern your participation in the Referral Program. Capitalized terms not defined in these Referral Terms & Conditions will have the same meaning as in the TUSOL Terms of Use. If these Referral Terms & Conditions are inconsistent with the TUSOL Terms of Use, these Referral Terms and Conditions will govern your participation in the Referral Program.

 

1. About the Referral Program

 

TUSOL may provide you with the opportunity to invite your friends and family members (each, an “Invitee”) to join TUSOL. Participation in the Referral Program is by invitation only and completely voluntary. If you have Referral Program invitations, we will notify you in the Referral Program section of your Account (you can find a link to the Referral Program section by logging into your Account and looking at the navigation menu).

 

TUSOL may, from time to time, provide you with the opportunity to earn referral credits (“Referral Credits”) when you refer an eligible Invitee to TUSOL through the Referral Program. The Referral Credits can only be used towards future eligible TUSOL Orders. We provide more information about Referral Credits below.

 

2. Eligibility

 

To be eligible to participate in the Referral Program as a referrer (this is the person that sends out the invitation) or to earn any Referral Credits, you must have and maintain an active TUSOL account and be in good standing, be over 18 years old, and be a legal resident of the United States. TUSOL reserves the right to terminate and disqualify you at any time from participating in the Referral Program if you don’t comply with these Referral Terms & Conditions.

 

3. Referral Credits

 

If you are eligible to earn Referral Credits we will let you know in the Referral Program section of your Account. You may only receive a Referral Credit if your Invitee clicks on your Referral Program invitation link, is a new TUSOL customer (who has not previously subscribed to TUSOL), completes the registration process, receives his/her first non discounted box, is over the age of 18, resides in the United States, and participates in a Subscription program as described in connection with the respective Referral Credit(s). We will notify you via email if you have earned a Referral Credit. The amount of Referral Credits that you may receive and the time period in which you may earn Referral Credits are subject to limitation.

 

Referral Credits will expire upon the cancellation of your TUSOL account.

 

4. Referral Program Invitations

 

To send a Referral Program invitations simply visit the Referral Program page in your Account and follow the instructions. You will need to submit personal information about your Invitee, such as name and e-mail address. All information collected, stored, processed, or shared through the Referral Program is subject to TUSOL’s Privacy Policy. By participating in the Referral Program, you agree to TUSOL’s collection, use, storage, and processing of your personal information and acknowledge that you have read and accepted TUSOL’s Privacy Policy.

 

5. Restrictions

 

In addition to the restrictions you agreed to in the TUSOL Terms of Use, you agree that the following activities are expressly prohibited and engaging in any of these will be grounds for immediate termination and disqualification from the Referral Program, and may lead to the forfeiture of existing Referral Program invitations and accrued, but not yet used, Referral Credits.

 

• Spam, bulk distribution of invitations, distribution to strangers, or any other promotion of your Referral Program invitations that would constitute or appear to constitute unsolicited commercial e-mail or spam under any applicable law or regulation.
• Fraud, attempted fraud, or abuse of the Referral Program or Referral Terms & Conditions.
• Selling, trading, bartering, or providing anything of value to your Invitee beyond the Referral Program invitation, or otherwise using your Referral Program Invitations or Referral Credits for promotional purposes.
• Sending more than one Referral Program invitation to the same household.

 

A few more important notes: Referral Credits are not valid for cash or cash equivalent, for purchase of TUSOL merchandise items, Gift Cards, or previously paid subscription fees. No exchange of value for the Referral Program invitation or any Referral Credit (whether cash, product or barter) is allowed, and Referral Credits cannot be transferred to other people or accounts.

 

6. Additional Terms

 

TUSOL reserves the right at any time to modify or discontinue the Referral Program, either temporarily or permanently (or any part thereof). If we modify or discontinue the Referral Program, we will let you know via email or by posting a notice on the TUSOL Site. TUSOL will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. TUSOL reserves the right to amend, modify or waive these Referral Program Terms & Conditions at any time in its sole discretion.

 

 

Affiliate Terms and Conditions

 

 

As an authorized affiliate (Affiliate) of Tusol, LLC (TUSOL), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting TUSOL as an Affiliate.

 

Your participation in the Program is solely to legally advertise our website and products to receive a commission on subscriptions and products purchased by individuals referred to TUSOL by your own website, social media, or personal referrals.

 

By signing up for the TUSOL Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

 

1. Approval or Rejection of the Application

 

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

 

2. Commissions

 

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 37 days.

 

You cannot refer yourself, and you will not receive a commission on your own accounts.

 

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

 

3. Termination

 

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

 

Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

 

Spamming (mass email, mass newsgroup posting, etc.).

 

Advertising on sites containing or promoting illegal activities.

 

Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

 

Violation of intellectual property rights. TUSOL reserves the right to require license agreements from those who employ trademarks of TUSOL in order to protect our intellectual property rights.

 

Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with TUSOL, however, is acceptable.

 

Self referrals, fraudulent transactions, suspected Affiliate fraud.

 

In addition to the foregoing, TUSOL reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

 

4. Affiliate Links

 

You may use graphic and text links both on your website and within in your email messages. You may also advertise the TUSOL site in online and offline classified ads, magazines, and newspapers.

 

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

 

5. Coupon and Deal Sites

 

TUSOL occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

 

Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.

 

Affiliates may not bid on TUSOL Coupons, TUSOL Discounts or other phrases implying coupons are available.

 

Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

 

User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

 

Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

 

6. Pay Per Click (PPC) Policy

 

PPC bidding is NOT allowed without prior written permission.

 

7. Liability

 

TUSOL will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

 

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by TUSOL. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

 

8. Term of the Agreement

 

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

 

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

 

9. Indemnification

 

Affiliate shall indemnify and hold harmless TUSOL and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by TUSOL to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

 

10. Governing Law, Jurisdiction, and Attorney Fees

 

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Los Angeles, California.

 

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

 

11. Electronic Signatures Effective

 

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the TUSOL affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the TUSOL application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.