You must read and agree to these Terms and Conditions before placing Your order for the 15 day (10 + 5 day shipping) program of Total Inner Progress. By placing Your order for the 15 day (10 + 5 day shipping) program of Total Inner Progress You agree to be bound by the following Terms and Conditions:
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Product Disclaimer: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Total Inner Progress is not intended or to be used to treat any type of medical condition. WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
By ordering Products from Us, You authorize You to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card charge entry will appear as Total Inner Progress. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department.
1. We refund all cases of fraud and unauthorized transactions included shipping and handling charges. Call 1-888-895-4467 to obtain a refund. Additional refunds are issued at the discretion of the company.
2. Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
3. In order to process your refund, you must supply us with your name and delivery address. If you provide us with insufficient or incorrect information your refund will be delayed.
4. Once a refund has been approved please allow for up to 10 days for the refund to be applied.
5. Depending on the bank that issues the credit card, your refund can take up to ten (10) days to appear on your credit card statement. If you have any questions about whether a refund has been issued by us, please call Our Customer Service Department.
6. Shipping and handling costs are not refundable.
In order to obtain your refund, contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send the product back to our fulfillment center at the address listed below, within thirty (30) days of the date you originally ordered the product. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days of the original purchase date . You pay for return shipping. This fee will be taken out of the refund issued. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to ten (10) business days to show in your statement, depending on the speed of the processing bank.Please send return products to 2224 Fairview St. Santa Ana, CA, USA 92704.
During times when trial subscriptions are offered, you agree to accept the trial subscription to the Site, which gives you a 30-day supply of our product, and by accessing the Total Inner Progress Services you authorize the charges set forth below and agree to the following terms and conditions:
Total Inner Progress 15 day (10 + 5 day shipping) program Terms and Conditions: Please take a few minutes to read the following as when You purchase the Total Inner Progress Trial Offer You automatically accept the following terms and conditions.
We are confident you will see the benefits of using our Total Inner Progress Product within our 15 day (10 + 5 day shipping) program. You are taking the next step toward a more confident you! Upon signing up for your trial offer, your credit card provided will be charged a One-time Shipping & Handling fee of $4.95. If you contact customer service to terminate your trial enrollment within 15 day (10 + 5 day shipping) program of the date that you enroll in the Program, you will not receive any additional product and you will not be charged anything else. Your enrollment date is the date that you submit your order for the trial product. All orders are shipped within 2-3 business days.
If you do not cancel within 15 day (10 + 5 day shipping) program of the date that you enroll in the Program, we will charge the same card you provided at enrollment the monthly subscription fee of $87.95. Then, beginning 30 days after enrollment in subscription program we will send you a fresh monthly shipment of the product and charge your card $87.95 + $4.95 for S&H when each supply ships. You can cancel monthly shipments and avoid further Monthly Charges at any time by contacting customer service at 1-888-895-4467, 24 hours a day, 7 days a week PST.
Please note results may vary, but with continuous use of Total Inner Progress we are confident you will see the results you are trying to achieve. Total Inner Progress . Your shipment will leave our facilities within two work days. Actual delivery time of the parcel will vary by region. Customer should expect the product to arrive between 2-4 business days. Some areas may take longer due to the frequency of deliveries to the delivery zip code. Our system calculates this estimated date considering the total amount of time to process your order including: packaging, transit time to the delivery provider, and transit time to the delivery address. When placing your order, we consider these factors when calculating the Estimated Delivery Date : Order Processing and Transit Time. When the delivery provider receives your order and is ready to schedule a delivery date, they will attempt to contact you at the telephone number that you provided in your order. At that time, they will let you know what days of the week they are able to deliver to your area. The delivery company will make every effort to deliver within the time window provided.
If you have any questions regarding this, feel free to contact us at 1-888-895-4467 for more informatoin.
You acknowledge and agree that Total Inner Progress will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card. In addition, you do not hold Total Inner Progress responsible for any overdraft charges or fees which you might incur during the ongoing Subscription. All fees are payable in United States currency. For so long as your Subscription is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the Total Inner Progress Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Total Inner Progress in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Total Inner Progress reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the Total Inner Progress Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Total Inner Progress authorization to provide and bill for the Total Inner Progress Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Total Inner Progress reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued fees, such overdue amounts will be subject to your Member account being deactivated, and access to the Site denied, for non-payment.
You will be shipped a full one-month supply of the product You ordered. Orders are generally shipped within 2-3 business days (Monday through Friday) using our standard USPS First Class shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Total Inner Progress does not guarantee specific arrival dates or times. Total Inner Progress does not refund or credit delivery or processing charges for any shipments. Delivery time is subtracted from Your trial period, and will reduce the number of days allocated to Your trial period.
Contacting Customer Care / Billing: You may contact our customer care department by using our toll free phone number. Toll Free Customer Care phone: 1-888-895-4467.
InsureShip provides shipping insurance coverage for your order. Our coverage provides you with peace of mind and a money back guarantee should your shipment become lost, damaged, or stolen in transit. You will see InsureShip as a secondary transaction for $1.95 on your statement.
Terms & Conditions
Online Shipping Insurance Services provides shipping insurance for your online purchases from lost, damaged and theft while in transit. InsureShip is committed to shipping insurance underwriting excellence. We have over 13 years of experience in commercial shipping insurance and provide worldwide shipping insurance coverage for all carriers. When you purchase your shipping insurance from us you will receive world-class service, fast & easy online claims processing and the peace of mind that comes when you insure your order with a trusted name such as InsureShip.com.
Policy Administered by:
Online Shipping Insurance Services, Inc. (InsureShip.com)
3211 Cahuenga Blvd West, 2nd Floor, Los Angeles, CA 90068
Navigators Insurance Group
This Agreement is between Online Shipping Insurance Services, Inc. (OSIS ) and you ("you" or "Customer") This Section sets forth the terms and conditions which apply to the use by you of the InsureShip.com sites (as defined below) and any other subscription product or service offered for sale by OSIS and/or its affiliates (collectively, "OSIS "). The right to use any product or service offered by OSIS is personal to you and is not transferable to any other person or entity. OSIS reserves the right to make changes to the OSIS sites, policies, and these terms at any time without notice.
User of InsureShip.com Sites
InsureShip.com sites contain links to other Web sites, resources and advertisers. OSIS is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall OSIS be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
Disclaimer of Warranty; Limitation of Liability
OSIS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on InsureShip.com sites, nor for any offensive, defamatory or obscene posting made by. Under no circumstances will OSIS be liable for any loss or damage caused by your reliance on information obtained through the content on InsureShip.com sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through InsureShip.com sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
You agree to defend, indemnify and hold harmless OSIS, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the InsureShip.com Sites, including claims by other users of your equipment, access, products or subscription.
Cancellation Policy/Return Policy
We take great pride in providing you the best possible shipping insurance. The customer is able to cancel their insurance policy for a full refund any time prior to shipment by merchant. Once an item has been shipped, all shipping insurance sales are final.
Flowers, plants, fine art, cotton, fresh foods, live animals, precious stones and metals, currency, cigarettes, eggs, specie, securities and other negotiable papers, bulk products, personal goods, laptop computers, computer chips and similar memory devices, televisions and mobile phones, unless endorsed in writing. Merchandise shipped in consignment, memorandum, or approval unless shipped in fulfillment of and order or request.
Excluded countries: Afghanistan, Angola, Bolivia, Iran, Iraq, Nigeria, Paraguay and any other Country that is or may become embargoed by the United States or United Nations as sanctioned by the Office of Foreign Asset Control (OFAC)
Loss, damage, or non-arrival of any parcel or the contents of said parcel which (a) is addressed, wrapped or packed insufficiently, incorrectly or contrary to the packaging requirements of the carrier being used by the insured or (b) bears a descriptive label or packaging describing the nature of the parcel's contents. Any parcel containing personal goods to accommodate an employer or employee.
Losses (claims) being caused by infidelity, dishonesty, or any overt act on the part of the insured, associate in interest, and/or any of the insured's employees, whether occurring during hours of employment or otherwise, or on the part of custodians (common carriers excepted), or the property insured, unless specifically endorsed herein in writing. Resulting from inherent vice, decay, clean up costs, loss of market, loss of use, latent defect, delay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against. Arising out of loss from delivering the product to someone who obtains it by trick, false pretense, or other fraudulent schemes.
Against loss or damage caused by or arising out of; a) hostile or warlike action in times of both peace and war, including action hindering, combating, or defending against an actual impending or expected attack; b) any weapon of combat employing atomic fission/fusion or any other radioactive force in times of both war and peace; c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade. Nuclear Exclusion. Notwithstanding anything herein to the contrary, it is hereby understood and agreed that this policy shall not apply to any loss, damage, or expense due to or resulting from, whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination, no matter what its cause.
It is warranted by the insured that all parcels under this coverage will be shipped in accordance with all regulations of the carrier and amendments thereof.
The deductible, if any, shall be deducted from the amount of the claim or liability limit, whichever is less, on a "per parcel" basis and borne by the insured. The insured is responsible for (and entitled to) collecting any amount for which the carrier may be liable.
The insured must wait 20 days for domestic, 30 days for international shipments, to file for non-delivery claims. If damaged, the insured may file a notice of damage with Online Shipping Insurance Services immediately. All claims must be filed within 90 days of shipment to be honored. The insured will submit a completed Online Shipping Insurance Services claim form, copy of the original invoice to the consignee/ original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee / receiving party, proof of damage if applicable and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and insurance fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to the Underwriters. Failure to hold the damaged property until the claim is fully resolved will result in the claim's being denied. The insured will have one (1) year from the date of the shipment to furnish any required and/or additional documentation requested by Online Shipping Insurance Services in order for the insured to substantiate said claim. Should the insured fail to provide the required and/or additional documentation within one (1) year from the ship date, the insured's claim will be denied. Any covered loss will be promptly paid to the insured or their assignee after notice of loss or damage and the required documentation has been received and accepted by Underwriters in accordance with all terms and conditions of this coverage, unless property is replaced, at the option of the Underwriters, with like kind, function, and quality.
Upon payment for loss or damage, the Underwriters shall be subrogated to all the rights of the insured including whatever money may be recoverable. This payment excludes applicable deductible amounts corresponding to the claim settlement on account of said loss or damage from the carrier, or any of the carrier's employees or agents, or from any other person or corporation whatsoever. The insured specifically covenants and agrees to aid the company in all manners possible to aid in securing reimbursement of said loss or damage. In the event the carrier admits to fraudulent activity from the carrier's employees, the insured will take action against the carrier and not hold Online Shipping Insurance Services responsible for claims associated with said activity.
No suit, action or proceedings for the recovery of any claim under this coverage shall be sustainable in any court of law or entity unless the respective action is commenced within twelve (12) months after discovery by the insured of the issue giving rise to the claim, provided however, that said time limitation is invalid by the state law where this coverage is issued. In that case any such claim shall be void.
The insured or the Underwriters may terminate this policy at any time by giving fifteen (15) days written notice thereof, provided that such termination does not impact a shipment already in transit. Certified notice of cancellation sent to the insured at the last known address shall be deemed sufficient compliance with the conditions of this clause on the part of the Underwriters.
Your online purchase has been insured for loss, damage and theft by Online Shipping Insurance Services. If your package is damaged once received or simply does not arrive, please use the following link to make a claim:
Claim Form: https://www.insureship.com/website/claims
All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the shipping carrier before a claim is completed, as photographs may be required. Failure to comply can result in the denial of the claim due to insufficient packing.
Concealed Damage - Allows for the discovery of loss or damage up to 15 days after final delivery. The loss is deemed to have possibly occurred during the insured transit. Discovery of loss or damage occurring 16 days or later after final delivery is deemed to have occurred while the shipment was NOT in transit, and therefore, is not covered.
Insured must wait 20 days for domestic, 30 days for international shipments, to file for non-delivery claims. If damaged, the insured will file a notice of damage with Online Shipping Insurance Services immediately. All claims must be filed within ninety (90) days of shipment to be honored. The insured will submit a completed Online Shipping Insurance Services claim form, copy of the original invoice to the consignee / original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee / receiving party, proof of damage if applicable and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and insurance fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to the Underwriters. Failure to hold the damaged property until the claim is fully resolved will result in the claim’s being denied.
<p>The Insured will file immediate notice of non-delivery, damage, or shortage with the Shipping Carrier and with OSIS. Take proper exceptions on the delivery receipt when any loss or damage is apparent at the time of taking delivery. The Insured will complete an OSIS claim form and provide all required documents to OSIS within sixty (60) calendar days from the date of shipment. If the carrier has liability and their remittance (carrier's claim check and stub) or response has not been received by the Insured within the 60 day timeframe, all other claim paperwork must be received by InsureShip within sixty (60) calendar days from the date of shipment. A complete claim submission includes an OSIS claim form, a copy of the carrier's tracer form, a copy of the invoice or recent appraisal, photos of damaged goods and packaging, a repair estimate, and any other documentation requested by OSIS. Failure to complete the claim form and follow all claim instructions could lead to non-settlement of claim. If the shipment is sent via the United States Postal Service (USPS), complete claims must be submitted and received by OSIS within one hundred and twenty (120) calendar days of the shipment date. If the claim is for loss the Insured must wait 21 calendar days (Domestic shipments) or 45 calendar days (International shipments) before filing claim with InsureShip. All damaged property that was not repaired must be made available (given) to Online Shipping Insurance Services when requested.
Once claim has been accepted and approved by the underwriters, prompt payment will be made to the Insured.
This Certificate shall be construed and interpreted in accordance with the laws of the State of California.
The parties agree that any and all claims or disputes arising out of the Certificate or the performance of the Certificate shall be brought in Los Angeles County, California.
The Insured agrees to INDEMNIFY AND HOLD HARMLESS OSIS and Underwriters from any loss, liability, damage or costs, including court costs and attorney fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements as per this InsureShip certificate or as endorsed.
If you have any questions regarding this policy please contact us:
By email: [email protected]
By Phone: 1-866-701-3654 | International: +1-818-303-9255
Hours: Mon/Fri, excluding U.S. public holidays 9:00am - 5:00pm PST (-8 GMT).
Negative Option Clause: I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $87.95 + $4.95 for S&H PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITEARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLEPURSUANT TO APPLICABLE LAW, Total Inner Progress DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENTSHALL Total Inner Progress OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONSPROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OROTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TOTHIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. Total Inner Progress ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BECORRECTED, OR THAT ANY Total Inner Progress WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS; Total Inner Progress FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGESARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OROFFLINE. Total Inner Progress DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THEMATERIALS ON ANY Total Inner Progress WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUMETHE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. You agree that Total Inner Progress’ entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Total Inner Progress in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Total Inner Progress was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
REPRESENTATIONS; PRODUCT DISCLAIMERS Total Inner Progress is committed to improving the well-being of our customers. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. 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, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Total Inner Progress endeavors to provide You with accurate information about Our Products. You understand and agree that the informationTotal Inner Progress conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). Total Inner Progress does not warrant or represent that such information is error-free, and Total Inner Progress 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.
Total Inner Progress 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 consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Total Inner Progress makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Total Inner Progress has the right to rely upon all information provided to Total Inner Progress by You, and Total Inner Progress may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, Total Inner Progresss, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Total Inner Progress or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Total Inner Progress’s prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; Use the Website for any unlawful purpose; Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Total Inner Progress, You may not: Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); Create derivative works based on the Website or any of the Intellectual Property; Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; Use any meta-tags or any other “hidden text” using the Website’s name or marks; “Deep-link” to any page of the Website; Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); Use any data mining, bots, or similar data gathering and extraction tools on the Website; Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Total Inner Progress reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Total Inner Progress believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Total Inner Progress provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. Total Inner Progress has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Total Inner Progress Website. Total Inner Progress cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Total Inner Progress Website or third-party content on our sites. Total Inner Progress does not endorse any of the merchandise, nor has Total Inner Progresstaken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Total Inner Progress does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Total Inner Progress with respect to such sites and third-party content. Total Inner Progress strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Total Inner Progress nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.totalinnerprogress.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Total Inner Progress.
Total Inner Progress shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Total Inner Progress’s performance.
You agree to defend, indemnify, and hold harmless Total Inner Progress, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Texas’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Total Inner Progress shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Total Inner Progress does not hear from You promptly, Total Inner Progress reserves the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by writing to Us at Precious Makings LLC - Total Inner Progress, , Denton, TX, USA 76205. Total Inner Progress will contact You by letter to Your billing address You provided Us.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
If either Total Inner Progress or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: Precious Makings LLC - Total Inner Progress, , Denton, TX, USA 76205. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration. The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com. Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Total Inner Progress (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Total Inner Progress will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Total Inner Progress; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHERPROCEEDING.
No waiver of or by Total Inner Progress shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Total Inner Progress reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Total Inner Progress does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Total Inner Progress in writing, these terms and conditions may not be amended by You.
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