Last update: May 9, 2018
The use of www.tonedtea.com (hereafter “Website”), which is owned and maintained by Mixaroma Inc. DBA Toned Tea (“Toned Tea,” “we”, “our”, “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
1. Privacy & Security; Disclosure
2. Products Sold for Personal Use Only
You agree that any products you purchase from Toned Tea and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.
3. Payment Methods
All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
- The address the card’s statement is sent to (billing address).
- The card number and expiration date.
- The 3 or 4 digit code found only on the card (CVV2 code)
By submitting credit card information or other payment information to us, you represent and promise that you are fully entitled to use that card or account, and that sufficient funds exist to pay us the amount(s) due.
We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
4. Ordering Disclaimer
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will be refunded back to your original form of payment. We reserve the right to require additional information before processing any order.
5. Shipping Policies
We ship orders within the 50 United States via USPS First Class. Depending on product availability, orders shipped usually arrive within 3 to 7 business days. Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact firstname.lastname@example.org immediately. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
6. Delivery Confirmation
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
7. Subscription – Renewal and Cancellation Terms
If you go to the Website to purchase a product (not including the free trial), you may have the option of buying a product one time, or purchasing a subscription. If you purchase a subscription, it is automatically billed every thirty (30) days to the credit card you provided when you purchased the subscription and mailed to you, until you cancel the subscription. We may use an account updater to automatically update your credit card information in the event it changes, in which case, your renewal will be billed to the updated account information. If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription 24 hours prior to your next shipment going out in order to not receive your next scheduled order. To cancel your subscription, email us at email@example.com.
8. Satisfaction Guaranteed 30 day Return Policy
If you are unsatisfied with our product, or if it arrives damaged, you may return the unused portion 30 days from the date that the product was originally shipped to you for a full refund (minus shipping charges) according to the following terms. To obtain a full refund, your return must be approved and postmarked 30 days from the date that the product was originally shipped to you.
The following terms apply for all returned items:
- To return a product for an exchange or full refund email us at firstname.lastname@example.org and you will be given a Return Merchandise Authorization (RMA) number and details for shipping.
- We cannot process or refund packages marked “Return to Sender.”
- Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
- Shipping charges and return shipping charges are not refundable in any case.
- To ensure a refund is processed for you, please send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is not allowed to accept any packages without an RMA number.
Returned products must be sent to the following address:
20725 NE 16th Ave STE A25
Miami FL 33179
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.
After the shipping department receives your return, it generally takes 5-7 business days or sooner to process your refund. Once a return is processed, it usually takes 30 business days for this refund to be posted to your account, depending on your financial institution.
9. Price Changes
We reserve the right to adjust pricing for our products and subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) will take effect following email notice to you.
10. Price Mistakes
Despite our best efforts, sometimes a pricing error happens on our Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
11. Chargeback Policy
A “chargeback” is a reversal of a credit/debit card charge placed on www.tonedtea.com. It is Toned Tea’s view that chargebacks are generally unnecessary and Toned Tea strives to amicably resolve any disputes that you may have about billing issues. If a credit is due, simply contact us and we will gladly issue it. If you feel that your credit/debit card was used fraudulently on www.tonedtea.com, please contact us for immediate resolution.
12. Your Results Will Vary
Every person has a different body and history, and, therefore, individual results will vary from customer to customer. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR ONLY REMEDY IS TO RETURN THE PRODUCT FOR A REFUND OR EXCHANGE IN ACCORDANCE WITH THE SATISFACTION GUARANTEED 30-DAY RETURN POLICY SET FORTH ABOVE IN SECTION 8. Remember that exercise and a healthy diet are an important part of any lifestyle!
13. No Medical Diagnosis or Treatment
Toned Tea is committed to helping you lose weight and improve your lifestyle. You understand, however, that our Products and the statements on the website have not been evaluated by the Food & Drug Administration or MEDICAL PROFESSIONALS, and Our Products AND the information on the Website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. The information on the Website or PROVIDED TO YOU in emails OR OTHER COMMUNICATIONS is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You further understand that our Products are not intended for use by persons under 18 years of age and that the Products are not to be used to treat any type of medical condition or health problem. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, heart disease, high blood pressure, obesity, blood circulation problems, breathing problems, OR any OTHER conditions or disorders, and You agree that you will cease immediately from using Our Products if You experience any ill effects or unintended side effects of any Product. Toned Tea endeavors to provide You with accurate information about Our Products. You understand and agree that the information Toned Tea conveys about our Products and/or the efficacy of Our Products is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities. Toned Tea does not warrant or represent that such information is error-free, and Toned Tea does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Toned Tea does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who USE Our Products.
The representations and product disclaimers described above are inapplicable where prohibited by law, including in New Jersey.
14. Disclaimers of Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Limitations of Liabilities
16. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Toned Tea both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Toned Tea will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Miami, FL: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Toned Tea for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Miami, FL, and forever waive any challenge to said courts’ jurisdiction and venue.
- Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Toned Tea, 20725 NE 16th Ave STE A25, Miami, FL 33179. Toned Tea will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Toned Tea or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Miami, FL to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
- Commencing Arbitration
You and Toned Tea agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
- Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Miami, FL unless Toned Tea otherwise agrees to arbitrate in another forum requested by you.
- Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
- Governing Law and Award
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Toned Tea, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Toned Tea and shall not be modified except in writing by Toned Tea.
Toned Tea reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Toned Tea product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Toned Tea will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Toned Tea product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT TONED TEA, 20725 NE 16TH AVE STE A25, MIAMI, FL, 33179. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
- Use of this Website
This Website or any portion of this Website may not be reproduced, duplicated, copied or otherwise exploited for any purpose without our express written consent. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
- Testimonials, Reviews and Suggestions
Toned Tea may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Toned Tea’s products, in printed and online media, as Toned Tea determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 12 above, your results will vary depending upon a variety of factors unique to you, such as your health, genetics, diet, and level of exercise.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Toned Tea reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Toned Tea shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
- Toned Tea Additional Remedies
In order to prevent or limit irreparable injury to Toned Tea, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement or any infringement or threatened infringement by you of the intellectual property of Toned Tea or a third-party, Toned Tea shall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Toned Tea from pursuing any other remedies available to it for such breach, threatened breach, infringement or threatened infringement, including the recovery of monetary damages from you.
- Modification to Terms
- Modification to Terms
With respect to U.S. Customers, these Terms shall be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms or any products or services you receive from us shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms, along with the order form you fill out to purchase a product or sign up for a trial or subscription, comprise the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Sections 2, 15 through 19, 21, and 22 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Toned Tea.
- Questions or Additional Information:
You may contact us by emailing email@example.com. We are available to assist your needs!