(Last Revised: 08/06/2013)
Information We Collect
In order to serve our customers, we collect personally identifiable information, like names, addresses, phone numbers, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors. We will only use your personal information for the following purposes: (1) to deliver the products and/or services to you that you have requested; (2) to validate your compliance with the terms and conditions; (3) for content improvement and feedback purposes; and (4) to reach you, when necessary, regarding your use of the web site or product(s).
We will NEVER share your information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. By permitting us to collect this information, you will be able to receive free information on products and services that may be of interest to you, including related third party offers that we may send to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service. By submitting your email address on this web site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.
In addition, you agree that by submitting your email address on this web site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR ‘310 et seq. and any applicable state and local “do not call” regulations. We retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.
Third Party Actions
We do not control and are not liable for the actions of any third parties who we may promote. We pride ourselves in working with quality companies, but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers.
We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.
Third Party Web Sites
This web site and/or the products and/or services offered herein may direct you to web sites that are owned and/or controlled by third parties. We have no control over those third parties and are not responsible for the content or the privacy practices of those sites or companies.
Commitment to Data Security
All information collected from you is stored in a technically and physically secure environment. We use SSL encryption to protect sensitive information online, and we do everything we can to protect user information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.
Lifestyle Medical Group
405 S Hwy 44/76
Caledonia MN 55921
Lifestyle Medical Group, LLC.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL SMOOTHTOE® Energizing Socks or VO2FX® TO YOU, AND YOUR ORDER FOR SMOOTHTOE® Energizing Socks or VO2FX® 15-DAY RISK FREE TRIAL WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
The parties to this agreement are Lifestyle Medical Group LLC, the owners of SMOOTHTOE® andVO2FX® Products, the www.SmoothToe.com website and/or its owners, agents, servants and/or employees, (Hereafter referred to as “SELLER,”) and you, the prospective purchaser, (Hereafter referred to as “BUYER”). Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of SMOOTHTOE® and VO2FX®, where SMOOTHTOE® andVO2FX® are ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as ‘RECIPIENT”.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is SMOOTHTOE® Energizing Socks or VO2FX® as described in promotional or sales materials on www.SmoothToe.com and/or in an email message that referenced www.SmoothToe.com, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the SMOOTHTOE® and VO2FX® products, that is the subject matter of this Purchase Agreement. The SMOOTHTOE® and VO2FX® products may be termed ‘product’ throughout this agreement but the word ‘product’ shall mean the SMOOTHTOE® or VO2FX® product that is offered for sale as described in sales or promotional materials.
FURTHER DESCRIPTION OF SMOOTHTOE® and VO2FX®
Buyer warrants an understanding that the Buyer has no license, permission or right to duplicate the SMOOTHTOE® or VO2FX® product in any form or to sell it, distribute it or redistribute it, whether for profit or not for profit, to any person or entity for any reason.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for the SMOOTHTOE® or VO2FX® product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the SMOOTHTOE® or VO2FX® product or other products or services.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties and/or VAT taxes are collected at the point of sale by the Seller, the Buyer remains entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to Buyer’s instructions. If, for any reason, it should happen that the Seller’s courier or freight account is charged for custom duties and/or VAT taxes, instead of the Buyer paying the referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, is of legal age to enter into contractual agreements in the state in which he or she is present when he or she completes any purchase of SMOOTHTOE® or VO2FX® and is the true and authorized owner of the credit card used to complete any purchases of SMOOTHTOE® or VO2FX®.
If the true and/or authorized owner of the credit card attempts to perpetrate or actually perpetrates a fraud upon the Seller, then he or she hereby authorizes each and every credit card company and merchant service provider to disclose to the Seller all information that could be construed as proof of fraud, including proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit and personal information pertaining to the Buyer from any source, including credit reporting agencies, and Buyer also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to others, including, but not limited to, credit reporting agencies, credit card companies, merchant service providers, and/or law enforcement agencies.
Buyer agrees that if he/she uses trickery or deceit to receive more than one refund, or if he/she causes a fraudulent dispute claim that results in a chargeback against the Seller’s account, that the Seller is authorized to re-charge the Buyer’s credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees that, in addition to paying actual damages to Seller, Buyer will pay Seller liquidated damages in an amount equivalent to US$10,000 for each and every separate fraudulent transaction committed by Buyer against Seller and/or Sellers agents, servants, employees and affiliates or others to the detriment of Seller or Seller’s reputation.
ASSUMPTION OF RISK
Buyer agrees to accept all risks associated with the purchase or use of SMOOTHTOE® or VO2FX®, including but not limited to, ingestion of or application to Buyer’s person, the use of the SMOOTHTOE® or VO2FX® product personally or in business, all taxes and regulations that are or may be applicable to the purchase of SMOOTHTOE® or VO2FX® by Buyer, all legal compliance issues related to the product. Buyer warrants a complete and thorough understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from the purchase and/or use of SMOOTHTOE® or VO2FX®. Buyer agrees, as part of the consideration that is required to purchase SMOOTHTOE® or VO2FX® to carefully review and test this product during the refund period and to immediately and properly request a refund if the product is not deemed satisfactory to Buyer.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of SMOOTHTOE® and VO2FX® disclaims all liability for the product or damages resulting from the use of SMOOTHTOE® or VO2FX® for any reason. Buyer alone accepts full responsibility for allowing others to use SMOOTHTOE® or VO2FX®. Buyer understands, acknowledges, agrees to and accepts that Seller disclaims any and all liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer and/or others.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase and/or use of SMOOTHTOE® or VO2FX® or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his/her purchase and/or use of SMOOTHTOE® or VO2FX®, no matter what damage may be allegedly or actually caused by the purchase and/or use of SMOOTHTOE® or VO2FX®, or no matter the harm or damage that may result directly or indirectly from the purchase and/or use of SMOOTHTOE® or VO2FX®, for any reason whatsoever, that the absolute maximum extent of Seller’s liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using this product, Seller disclaims liability for Buyer’s interactions with advertisers on the SMOOTHTOE® website or other websites. Seller disclaims liability for any of Buyer’s interaction with other visitors or other members of the SMOOTHTOE® website, if any.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller’s total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller’s total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using SMOOTHTOE® or VO2FX® were made and considered by Buyer, Buyer understands and acknowledges that such claims may be true for the persons who made the claims, including claims made by the Seller about his/her/its own experience with SMOOTHTOE® or VO2FX®. If Buyer is purchasing and/or using SMOOTHTOE® or VO2FX® as a product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his/her/its understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller as described herein) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
Where this disclaimer and claims made in sales and promotional materials describing details pertaining to SMOOTHTOE® or VO2FX® are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is exclusively upon the Buyer to substantiate any deliberate deception allegedly committed by Seller that, in specified ways, caused Buyer to purchase SMOOTHTOE® or VO2FX® on one or more occasions. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and Buyer does not prevail in court or at arbitration.
No warranties are made whatsoever about the SMOOTHTOE® or VO2FX® product and Buyer warrants a clear understanding that Buyer’s sole and only course of action is to test the SMOOTHTOE® or VO2FX® product within the extent of the refund period and if Buyer is not satisfied prior to expiration of the refund period set forth herein, then to properly request a refund from Seller in the manner set forth herein and subject to other relevant terms and conditions.
Buyer, again, warrants a clear understanding and agreement that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this SMOOTHTOE® or VO2FX® product, the maximum amount of liability shall be the purchase price of the SMOOTHTOE® or VO2FX® product.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller’s sole discretion and Buyer will receive no consideration in the event that Seller uses for commercial purposes the full or partial content of any and all communications with Buyer.
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using SMOOTHTOE® or VO2FX® or information contained on the www.SmoothToe.com website that results in a damage award against the Seller.
RIGHT TO STOP SELLING SMOOTHTOE® or VO2FX® TO CERTAIN PURCHASERS Buyer agrees that Seller has the exclusive and sole right to continue and/or discontinue the sale of the SMOOTHTOE® or VO2FX® product at any time, for any reason, with or without notice, subject only to the return policy set forth herein.
Buyer understands that the Seller may discontinue providing customer service to current or prospective purchasers of SMOOTHTOE® or VO2FX® at any time with or without notice subject only to the return policy set forth herein.
CALIFORNIA RESIDENTS NOTE
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to seek relief in court or to demand or otherwise be entitled to have a jury trial for any matter arising from the purchase and/or use of SMOOTHTOE® or VO2FX® or the material set forth in SMOOTHTOE® or VO2FX® product advertisements or promotions. Buyer also acknowledges and agrees that Buyer will not have any right to engage in pre-trial discovery except as may be provided in the American Arbitration Association rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute and/or arbitration, including, but not limited to, attorney fees, collection fees, investigation fees, travel-related expenses and other costs as may be deemed appropriate.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, whether pre-arbitration or post-arbitration, Buyer knowingly acknowledges and agrees that the sole, exclusive and proper jurisdiction shall be the County of Houston, State of Minnesota declared in the contact information as specified below:
Lifestyle Medical Group, LLC.
Caledonia, MN, Main Office
405 S Hwy 44/76 Caledonia, MN 55921
In the event that litigation is initiated in federal court, the proper court selected by the party that initiates litigation shall be the USDC for the Middle District of Minnesota, the closest federal court to the Seller’s address.
Buyer agrees that the applicable law to be applied in all cases shall be the law of the State of Minnesota.
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs associated with the arbitration or litigation, including filing fees, investigation fees, collection fees, travel expenses from the other party and others.
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
Lifestyle Medical Group, LLC.
Caledonia, MN – Main Office
405 S Hwy 44/76
Caledonia, MN 55921
By taking the affirmative step of clicking the “I Accept” button, or checking an Acceptance box, or clicking to submit order, and purchasing a SMOOTHTOE® or VO2FX® 15-DAY RISK FREE TRIAL offer, you, the Buyer, voluntarily and knowingly attest that you have fully read, understood, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
HOW TO CONTACT US:
Lifestyle Medical Group LLC
405 S Hwy 44/76
Caledonia MN 55921
Tel: (507) 725 8883