PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, "TERMS AND CONDITIONS") BEFORE PLACING AN ORDER OR USING THIS WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY 4EverLean, LLC AND ITS AFFILIATES (collectively "4EverLean", "US", "WE" or "OUR"). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEB SITE OR ANY WEB SITE OF 4EverLean, LLC, 4EverLean, AND/OR PLACING AN ORDER FOR 4EVERLEAN, LLC'S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR 4EVERLEAN S PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE 4EVERLEAN 'S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE 4EVERLEAN'S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of 4EVERLEAN after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.
Welcome to the Web site of4EVERLEAN, LLC, which includes without limitation our related sites such as 4EVERLEAN.ZONE (collectively, "Sites").
These Terms and Conditions govern and apply to your ("you" or "your") access to and use of the Sites and their related domains on which these Terms and Conditions appear, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with 4EVERLEAN body for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Sites. If you register for our Support Center features, including, but not limited to, the Message Boards or 4EVERLEAN Support Team, additional rules, policies, and disclaimers may apply.
You must only use the Sites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Sites. You may not without our prior written consent:
copy, reproduce, use, or otherwise deal with any content on the Sites;
modify, distribute, or re-post any content on the Sites for any purpose; or
use the content of the Sites for any commercial exploitation whatsoever.
In using the Sites, you further agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked sites;
not to disrupt or interfere with any other user's enjoyment of the Sites or affiliated or linked Web sites;
not to upload, post, or otherwise transmit through or on the Sites any viruses or other harmful, disruptive, or destructive files;
not to use, frame, or utilize framing techniques to enclose any 4EVERLEAN trademark, logo, or other proprietary information (including the images found at the Sites, the content of any text, or the layout/design of any page or form contained on a page) without 4EVERLEAN 's express written consent;
not to use meta tags or any other "hidden text" utilizing a 4EVERLEAN name, trademark, or product name without 4EVERLEAN 's express written consent;
not to deeplink to this Sites without 4EVERLEAN 's express written consent;
not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by 4EVERLEAN; and
to be bound by the Product Submission Policies of 4EVERLEAN, including that any product submission you may make to 4EVERLEAN will not be held in confidence by 4EVERLEAN, and is not proprietary, that4EVERLEAN may use the product submission and any aspect thereof for any purposes in 4EVERLEAN 's sole discretion, and that 4EVERLEAN owes no duties or obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
The views and opinions of authors, trainers, experts and any other contributors expressed herein do not necessarily state or reflect the attitudes and opinions of 4EVERLEAN. These views and opinions shall not be attributed to or otherwise endorsed by 4EVERLEAN, and may not be used for advertising or product endorsement purposes without the express, written consent of 4EVERLEAN
Content Uploaded to the Sites
In the event that you upload any photographs, comments, video clips, or other media to the Sites (the "Uploaded Content"), 4EVERLEAN has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as 4EVERLEAN in its sole discretion sees fit without further consent or payment. 4EVERLEAN has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. 4EVERLEAN has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. 4EVERLEAN may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at 4EVERLEAN's sole discretion. 4EVERLEAN is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Sites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Users posting Uploaded Content via a user profile must treat their login credentials and password confidential and ensure that they are not shared with any third that might jeopardize the security of their account.
Changes to the Sites
4EVERLEAN may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that 4EVERLEAN shall not be liable therefor.
4EVERLEAN makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites. The linked sites are not under the control of 4EVERLEAN, and 4EVERLEAN is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by 4EVERLEAN of the site or any information contained therein. When leaving the Sites, you should be aware that 4EVERLEAN's Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks
All the Sites' materials, including, without limitation, the Product Partners, 4EVERLEAN, Team 4EVERLEAN, and all 4EVERLEAN product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 1998-2013 Product Partners, LLC/4EVERLEAN, LLC. ALL RIGHTS RESERVED. Unless expressly stated otherwise, 4EVERLEAN or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of 4EVERLEAN or the respective copyright owner. You may not, without the express written permission of 4EVERLEAN or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of 4EVERLEAN or any third party.
Trademarks: Together with other logos and product names described on this Sites, the following includes a partial list of trademarks or registered trademarks of 4EVERLEAN, LLC, in the United States and other countries: Product Partners, 4EVERLEAN, 4EVERLEAN.com. These and all other 4EVERLEAN trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of 4EVERLEAN or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of 4EVERLEAN, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 4EVERLEAN. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent
It is 4EVERLEAN's policy to respect the copyright and intellectual property rights of others. 4EVERLEAN may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, 4EVERLEAN may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, 4EVERLEAN complies with the Digital Millennium Copyright Act.
If you believe that 4EVERLEAN or any user of our Sites has infringed your copyright in any material way, please notify 4EVERLEAN, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on the Sites;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to: 4everlean.com/contact
You agree to indemnify and hold harmless 4EVERLEAN, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Sites or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online site
Most of our products carry a specific money back guarantee, return or exchange policy starting from the date that the product is delivered to you. Please review the information provided with your product for specific details.
To return or exchange a product, please call our Customer Service at (800) 470-7870 for a Return Authorization Number and return the product within the required time period specific to your product. Products that come with a money-back guarantee will receive a refund of the purchase price, less any applicable shipping and handling. We will not be responsible for any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, such products or loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices and other information shown on the Sites are correct and fairly described. However, when ordering products or services through the Sites, please note that:
4EVERLEAN reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
all prices are displayed in United States Dollars unless expressly indicated otherwise;
packaging may vary from that shown on the Sites;
any weights, dimensions, and capacities shown on the Sites are approximate only; and
all items are subject to availability and we will inform you as soon as reasonably possible if the product(s) or service(s) you have ordered is not available and whether we may offer you an alternative product(s) or service(s) of equal or higher quality and value.
Please also note that the terms of any products offered by 4EVERLEAN and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by 4EVERLEAN by providing you advanced notice, including by posting notice of the change on our Sites, sending you an email to the address you provided at purchase, or by including a notice in any auto-ship or continuity shipment sent to you which will apply towards subsequent shipments. 4EVERLEAN will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by calling our friendly Customer Service. By continuing to accept products after we have notified you of a change to any terms, you will be deemed to have accepted the change.
Order and Payment Information
If you use the Sites or other means to purchase a product, payment must be received by 4EVERLEAN prior to 4EVERLEAN's acceptance of an order, unless otherwise agreed by 4EVERLEAN. All 4EVERLEAN products are subject to sales tax which will be applied to your order total. 4EVERLEAN may need to verify information you provide before 4EVERLEAN accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, 4EVERLEAN will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. 4EVERLEAN expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Sites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to 4EVERLEAN is registered to you. 4EVERLEAN shall have the right to bar your access to and use of the Sites or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to 4EVERLEAN, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Sites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
4EVERLEAN may reject orders where the stated delivery address is outside the United States, the United Kingdom and Canada. If stated, 4EVERLEAN will add applicable shipping and handling fees.
4EVERLEAN's descriptions of, or references to, products not owned by 4EVERLEAN on and outside of the Sites do not imply endorsement of that product, or constitute a warranty, by 4EVERLEAN.
4EVERLEAN does not directly sell certain 4EVERLEAN products in any jurisdiction other than the United States of America as these products may not be approved for sale in other jurisdictions. While 4EVERLEAN may choose to accept orders for the purchase of its products from non-residents of the U.S., the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
you agree that the purchase of any 4EVERLEAN products by you, as a non-resident of the U.S., shall be (a) ex works 4EVERLEAN's facilities in the U.S. per Incoterms 2010, with all title risk and loss in the products passing to you in the U.S. and (b) for your own personal use only and not for further resale or distribution in any manner;
you agree not to order more than a 90 day supply of any consumable products within any ninety (90) day period;
you hereby expressly authorize and direct 4EVERLEAN to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose;
you are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from 4EVERLEAN's facilities in the U.S. to your foreign ship to destination; and
the United Nations Convention on the International Sale of Goods shall not apply to any purchase or sale, and 4EVERLEAN expressly opts out of such application.