TriLife, LLC Terms and Conditions
THIS IS IMPORTANT — PLEASE READ
Acceptance of Terms & Conditions
The following Terms & Conditions (“Terms”) shall apply to the relationship between www.naturalstemcellenhancement.com (the "Website") and the end user ("you" or “your”). The Website is owned and operated by TriLife LLC 30 N Gould St, Suite R, Sheridan, WY. 82801, United States of America (“we”, “us” or “our”). By accessing the Website or purchasing our products or services (the “Service”), you accept and agree to be bound by these Terms. These Terms constitute the entire agreement between you and us and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us with respect to your use of the Website or the Service.
Eligibility
By accepting the Terms and/or registering for an account, you confirm that you are at least 18 years of age, and that you meet all other eligibility requirements contained in these Terms. By using the Website, you warrant that you have the right, authority, and capacity to enter into and abide by the complete Terms. The Service is offered exclusively to private users and not to commercial or semi-commercial retailers.
Registering
You may register only once for the Service. You must provide a postal address where you reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. We may suspend, or permanently close, your account without prior notice for any violation by you of these Terms as determined by us in our sole discretion. We will send a confirmation email with your username and password to the email address on file upon receiving your initial purchase order. You are responsible for keeping your user account password confidential. We will never ask for your password except during login. You should never provide your password to anyone, including our employees. User accounts are non-transferable. Only you may use your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using your user account.
Data & Description
We will use maintain the confidentiality of your account data and use it exclusively in connection with the Service. All transactions are SSL encrypted and protected, and we will employ our best efforts to ensuring the safety and security of your personal data and information at all times.
Billing Detail
The details and/or descriptor for any and/or all charges contemplated by the purchase and/or other use of this Website or Service by you may alter depend on the billing facility applied, the processing authority, the banking channel and/or the buyer geographical location. Such details and/or descriptor may appear on your credit card, bank statement, or phone bill for all applicable charges. If multiple venues are joined utilizing any payment method, your statement will list each individual purchase comprising the transaction. Your billing statement may include other information based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations.
Payment Policy
For your convenience, your payment will appear on your credit card statement as "TriLife Wellness". If you find that you are not satisfied with your purchase for any reason within thirty (30) days of the purchase date, let us know, and we will gladly refund your purchase payment as long as the product has remained sealed and in the condition originally sent. Please allow up to 72 hours for the refund to process. Refund requests can be made in writing via email support@TriLifeFARM.com or mail TriLife, LLC 30 N Gould St, Suite R, Sheridan, WY. 82801, United States of America or by calling customer service at (512) 698-3571.
Electronic Signatures
You acknowledge and agree that your electronic, digital signature provided during the order process constitutes an express authorization for us to collect payment by credit card, debit card, or other form of electronic payment in full compliance with the federal and state regulations governing the validity of electronic signatures and the collection of recurring fees, including the Electronic Funds Transfer Act 15 U.S.C § 1693(a) and 12 C.F.R. §205.10(b)
Cardholder Disputes
We thoroughly investigate cardholder disputes, and may block future purchases by the holder or user of such cards through the Website. Fraud claims may result in us contacting the cardholder’s issuing bank to protect the cardholder and prevent future fraudulent charges to his/her card.
Force Majeure
You agree that we shall not be liable for any delay or failure in the performance of our obligations under these Terms if such failure is due to an event of force majeure. A force majeure event is any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organized protests by third parties, natural disaster, war, failure of payment systems, or any event beyond our reasonable control.
Dispute Resolution
By agreeing to these Terms, we both agree to waive our right to a jury trial and any right to participate in a class action of any dispute arising from or related to this Website, the Service, or these Terms.
You agree that any and all claims, disputes, and causes of action arising from, related to, or involving this Website, the Service, or these Terms (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, you agree to negotiate with us regarding any disputes in good faith on an individual basis. You may initiate these negotiations by sending a notice of the dispute (the "Notice of Dispute") to us in a manner specified in the "Notices" section below. If we do not reach an agreement regarding a dispute within 30 days following our receipt of the Notice of Dispute, My Restful Nights and we both agree to submit such dispute to binding arbitration, on an individual basis, under the Rules of Arbitration of the United States Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. The proceedings shall be governed by the United States Chamber of Commerce, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees and expert fees. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential damages (including, but not limited to, loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred) or punitive damages but shall only award the aggrieved party the actual damages sustained.
Additional Terms
Additional terms and conditions may apply to your use of the Service and/or to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such additional terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and any additional terms and conditions posted for or applicable to a specific portion of the Website or the Service, the latter terms shall control with respect to your use of that portion of the Website or the Service.
Copyright
If you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Patent
The Website or any of its licensors or affiliates products, technology and processes referred to or posted on the Website may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms or by any other provision contained in the Website, and we and/or our licensors and/or affiliates reserve all such rights.
Trademarks
We own all trademark rights in the Website. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms or by any other provision contained in the Website, and all rights in such names, marks or logos is reserved by us and/or the respective holders. You may use the marks or product names in the Website to refer to the Website and/or the Service so long as you follow the following guidelines whenever the Website marks appear: Your use of the Website marks must not mislead consumers or imply any sponsorship, affiliation or endorsement by us or the Website of your company, or your products or services. You should not use the Website marks, or any other trademarks, service marks, logos, or trade names of the Website, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or a third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations. All the Website marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by the Website, without any variations. The Website marks shall be used as an adjective followed by the generic term for the product/service. We reserve the right to oppose any use of the Website marks that we, in our sole discretion, deem unlawful or improper, even if such use is not expressly prohibited hereunder. We also reserve the right to revise these guidelines at any time, without notice.
Miscellaneous
You are solely responsible for your interactions with other users. The Website reserves the right, but has no obligation, to monitor disputes between you and other users. Using the Service is void where prohibited. The Services is intended for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Website. Illegal and/or unauthorized use of the Website and/or the Service, including collecting usernames and/or email addresses of users by electronic or other means or unauthorized framing of or linking to the services are prohibited. Commercial ads, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of account privileges, which is without limitation to any other legal action that may be taken by us.
Further Disclaimers
We are not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users or by any of the equipment or programming associated with or utilized in connection with the Website and/or the Service. We are not responsible for the conduct, whether online or offline, of any user. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website and/or the Service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the services or combination thereof, including any injury or damage to users and/or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or the Service. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from your use of the Website and/or the Service or from any content posted on the Website or transmitted to users, or any interactions between users, whether online or offline.
Restriction
Nothing in these Terms is intended to have the effect of excluding, restricting or modifying: the application of all or any of the provisions of relevant consumer law; the exercise of a right conferred by such a provision; or the liability of us or our officers, directors, employees, agents, merchants, affiliates, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by the Website, or the like, in relation to a failure to comply with any guarantee that may apply under consumer law to a supply of goods or services.
Disclaimer
Subject to the above-described application of the Consumer Law of the United States of America, to the maximum extent permitted by law, we hereby disclaim any and all liability from claims arising from or related to the Website and/or the Service, including but not limited to liability for any damages or injuries, whether physical or emotional, that may occur in connection with your purchase of any product from the Website.
Indemnity
You agree to indemnify, defend, and hold us and our users, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "indemnified persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any indemnified persons due to, arising out of, or in connection with: your use of the Website and/or the Service; any violation of these Terms by you or any person acting in collusion with your; your violation of applicable law or court order by the buyer; and/or any act of negligence or willful misconduct by you.
Service and Support
All requests for standard technical service and support on products purchased on Website should be made directly to the manufacturer in accordance with the manufacturer’s terms and conditions. Likewise queries regarding defective products should also be made directly to the applicable manufacturer.
Guarantee
We guarantee your complete satisfaction with our Website and the Service. Simply contact us to cancel your purchase of any product through the Website or the Service within 30 days of the purchase date and we will gladly issue a refund. Please allow up to 72 hours for the refund to process. Please note that a simple recurring billing cancellation request is not considered a refund request. Our guarantee does not apply to any purchases made by you from third parties through links from our Website.
Extended Refund Policy
Refunds or credits may be issued beyond the normal thirty (30) day refund period under appropriate circumstances. All such refund requests are at the discretion of our management. Please allow up to 72 hours for the refund to process.
Website Information
You may not use the information contained in this Website (including any database, invisible page, linked page, underlying code, or other intellectual property the Website may contain) in a commercial or public setting, or broadcast, copy save, print sell or publish it, for any reason for any purpose whatsoever. The Website and its contents are owned or licensed by us. Material contained on the Website Use of Website content for any reason is unlawful unless it is done with our express consent. Unless expressly authorized by us, you may not hyperlink this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to your own website for any reason. Further, you may not reference the URL (Website address) of this Website in any commercial or non-commercial media or 'frame' the Website without our express permission. You agree to cooperate with us to remove or de-activate any non-permitted activities and accept responsibility for all damages flowing from any violation by you of this provision.
Fraud
By using the Service, you confirm that all information by you is true and correct. We may cancel or terminate your use of the Website and/or the Service, including your account and/or purchase of any product via the Website and/or the Service, without notice if we in our sole discretion determine that you have provided false or misleading information, violated these Terms, or otherwise abused your use of the Website and/or the Service. In the event we cancel or terminate your use of the Website and/or the Service, we reserve the right to refuse any subsequent application by you and/or your readmission to the purchase program.
Limited Usage Rights
The viewing, printing or downloading of any content, graphic, form or document from the Website grants you only a limited, nonexclusive use license solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal use (but not for resale or redistribution).
Modification
We reserve the right in our sole and absolute discretion to edit or delete any documents, information or other content appearing on the Website, including this agreement, without further notice.
Contents Disclaimer
WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT OF THIS WEBSITE. BY USING THE WEBSITE, YOU ASSUME ALL RISK OF VIEWING, READING, USING, OR RELYING UPON ALL INFORMATION AND CONTENT ACCESSED VIA THE WEBSITE (INCLUDING BUT NOT LIMITED TO BANNERS, POP-UPS OR OTHER ADVERTISING CONTENT). BY USING THE WEBSITE AND/OR DOWNLOADING INFORMATION FROM THE WEBSITE, YOU ASSUME ALL RISK OF VIRUSES, WORMS, AND CORRUPTING COMPUTER CODES. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY FOR DAMAGE TO COMPUTERS OR SOFTWARE OWNED BY YOU OR ANY THIRD PARTY THAT MAY BE CAUSED BY CORRUPTING CODE OR DATA THAT IS INADVERTENTLY PASSED TO YOUR COMPUTER, INCLUDING BUT NOT LIMITED TO VIRUSES AND WORMS.
No Warranties
UNLESS OTHERWISE EXPRESSLY STATED HEREIN, WE DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT OF THE LAW. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PEFORMANCE, IMPLEMENTATION OR EFFECTIVENESS OF THE SERVICE, AND WE DO NOT WARRANT THE RESULTS OF THE SERVICE OR ANY BENEFIT TO YOU RELATED TO THE SERVICE. WE FURTHER DISCLAIM ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY OR DISTRIBUTION OF THE SERVICE AND IN THE EVENT OF INTERRUPTION OF DISPLAY OR DISTRIBUTION OF THE SERVICE, OUR SOLE OBLIGATION WILL BE TO RESTORE THE SERVICE AS SOON AS PRACTICABLE.
Limitation Of Liability
WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE, EVEN IF WE ARE ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER DISCHARGE US AND EACH OF OUR REPRESENTATIVES, AFFILIATES AND ASSIGNS FROM ANY LIABILITY IN ANY WAY CONNECTED WITH THIS AGREEMENT AND/OR THE SERVICE, EXCEPT FOR ANY LIABILITY FOR INTENTIONAL TORTS OR GROSS NEGLIGENCE. IN NO EVENT WILL OUR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, OR CLAIMS CONNECTED IN ANY MANNER WITH THIS AGREEMENT AND/OR THE SERVICE EXCEED $5,000. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY CONDUCT OR FRAUD BY YOU, OTHER ONLINE USERS OF THE WEBSITE, OR THIRD PARTIES.
Enforceability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effectuate the original intent of these Terms as closely as possible.
Protection of Data
The protection of the buyer data is very important to us. For more information on the collection, processing, and use of personal data, please read the Website privacy policy.
External Links
Our Website may contain links to other websites operated by third parties, and these websites may likewise contain links to other websites. Such links are provided strictly for the sake of convenience and any inclusion of such links on our Website does not constitute our endorsement or approval. We disclaim all liability for the content of external links. The operators of the websites linked to and from this Website are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites. By using the Website, you acknowledge and agree that we are not responsible or liable for the content or accuracy of these third-party websites.
Waiver
Any waiver of any provision by us of these Terms privacy policy will be effective only if in writing and signed by us.
Transfer Rights
Access to the Website is through a combination of a username and a password. You may not under any circumstances transfer your access rights to any other person and are required to keep your access rights strictly confidential. We will not release your password to any third party for any reason, except as may be specifically required by law or court order. Unauthorized access to the Website is a breach of these Terms. You acknowledge that we may track through the use of special software each entry to your account via the Website. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, you must immediately notify us of said security breach. You will remain liable for any unauthorized use of your account until you have notified us of any security breach by e-mail or telephone.
No Third-Party Beneficiaries
These Terms are solely for the benefit of the parties hereto and no provisions of these Terms will be deemed to confer upon any other persons any remedy, claim, liability, reimbursement, Cause Of Action Or Other Right Except As Expressly Provided Herein.
Choice Of Law
These Terms will be construed, governed, interpreted and applied in accordance with the laws of the State of Florida without regard to conflict of laws principles.
Notices
Unless otherwise provided herein, any notice, request, consent, instruction or other document to be given hereunder by any party hereto to another party hereto will be in writing and will be deemed given: (a) when received, if delivered personally or by courier; or (b) on the date receipt is acknowledged, if delivered by certified mail, postage prepaid, return receipt requested; or (c) one day after transmission, if sent by facsimile or electronic mail transmission with confirmation of transmission. All notices to you will be sent to the email address and/or physical mailing address provided by you at the time of registration, and you agree to the adequacy and appropriateness of electronic service in the event we choose to serve you by email. Except as otherwise provided herein, any notice to us should be sent to TriLife, LLC 30 N Gould St, Suite R, Sheridan, WY. 82801, United States of America; or via email to support@TriLifeFARM.com
Jurisdiction and Venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, you agree that exclusive jurisdiction will be vested in the state and federal courts of Miami-Dade County, Florida.
CONTACT INFORMATION
Our contact information is as follows: TriLife, LLC 30 N Gould St, Suite R, Sheridan, WY. 82801, United States of America, or via email to support@TriLifeFARM.com
Shipping and Delivery Policy
This policy (the “SHIPPING AND DELIVERY POLICY”) is a legal agreement between you (“you”) and TriLife, LLC “we”, “us”, “our”), registered 30 N Gould St, Sheridan, WY. 82801, United States of America.
Any purchases made by you through the website of a supplier (the “supplier”) will be made via our system pursuant to the SHIPPING AND DELIVERY POLICY. By placing an order to purchase supplier’s products through us, you agree to be bound by this SHIPPING AND DELIVERY POLICY.
Please read all the terms before you indicate acceptance. If you do not accept them, do not complete your purchase. You are bound by these terms even if you do not read all the terms. This version replaces all prior versions.
Prices of shipping and methods of shipping available
Shipping rates are calculated based on the geographic location of the customer. All our orders are shipped via USPS First.
Once your order is packed and leaves our warehouse, you will receive an email with a tracking number from the shipping provider so you can track the progress of your order.
Shipping restrictions
We will not accept shipping to P.O Box addresses. If an order is place to a P.O Box address, we will contact you for a delivery address. If no delivery address can be organized the order will be cancelled, and the payment refunded in full.
Refunded funds will be released on the same business day from us. However, a refund will take from 7 to 14 business days to complete depending on intermediate banking arrangements.
How we estimate delivery times
The following factors will be considered during calculation of estimated delivery times with the shipping provider:
• Length of time it takes for your payment to clear
• Availability of items in your order
• Shipping provider access to your country
• Factory location - Your delivery addresses
• Holiday periods
Handling time
Orders will be dispatched via our nominated courier service, with an estimate shipping time of 1-3 business days. Any change to delivery time due to unforeseen circumstances will be communicated via email.
Additional Information
Above delivery times can change depending on the time of the year, holiday periods, weekends, and severe weather. We are not responsible for lost or stolen packages or packages delayed in transit. We do not provide refunds to customers for failure to pay duties and taxes associated with their order.
It is the customer’s responsibility to provide the correct shipping/delivery address for an order. If the wrong delivery address is provided, we cannot offer reimbursement for this package.
Returns Terms
Consumer Cancellation Rights
In relation to Consumers, these Terms will not (nor are they intended to) limit, adversely affect, or otherwise reduce your statutory rights relating to Products or Services that are or may be faulty or mis-described. Consumers may (subject to clause below) cancel an order for Products or Services for any reason within 5 working days after you receive the Product or we accept your order for Services. Your right as a Consumer to cancel shall not apply in the event that you actually receive (or commence to receive) Services, or use or "unseal" Products, or if those Products were made (or customised) to your specific order. Cancellation should be initiated by contacting us using one of the methods specified on this web site. After cancelling in accordance with the clause you should return your cancelled Products to us at the address specified (or such other address as we may notify to you for this purpose) or arrange for us to collect them (should we so notify you). Refunds of cancelled Products or Services will be made within 30 days of cancellation, where payment has been made. You are responsible for taking sufficient and reasonable care of any Product in your possession.
Returns
You agree to contact us within 5 working days of having received the product to seek returns authorization. Upon authorization of return from the Supplier, we will provide you with information on credit available to you and instructions on where to ship your return parcel. Returns must be sent to the address indicated within the Return Products Authorization email you will receive once you have contacted us and the Supplier has subsequently authorized your return. In approved returns cases, we will reimburse you for the original sales price of the returned products.
Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or collected by any carrier or transport provided by you. It is your responsibility to verify that the Products you order are in satisfactory condition, in accordance with their description and complete upon delivery to you. You agree to accept an opened and unopened package.
You may return Products in accordance with these Terms if:
1. The Products have been damaged or lost in transit. (Note that in the case of business customers (as opposed to Consumers to whom no such restriction applies) you may only do so if you have notified us of damage or loss within 5 working days of receipt of the Products);
2. There are defects in the Products and such defects were not caused by your use of the Products outside their intended or recommended use or outside manufacturer's instructions. (Note that in the case of business customers (as opposed to Consumers to whom no such restriction applies- you may only do so if you have notified us of such defects within 30 working days of receipt of the Products);
3. Services have been performed without due care and skill. (Note that in the case of business customers (as opposed to Consumers to whom no such restriction applies) you may only do so if you have notified us of such defective performance within 5 working days of such defective performance becoming apparent);
4. The Products or Services do not match their description. (Note that in the case of business customers (as opposed to Consumers to whom no such restriction applies) you may only do so if you have notified us of the defect within 5 working days of the defect becoming apparent).
5. We are not responsible for any damage or losses arising from your defective installation of the Products, or use of the Products in connection with other defective, unsuitable or defectively installed equipment which has not been supplied by us, or your negligence, or your improper use of the Products or use in any manner inconsistent with the manufacturer's specifications or instructions. In such circumstances you are not entitled to return Products which have been damaged in this way.
6. Where we fail to deliver all or part of your order, or there is any defect in or damage to a Product or Service or it does not comply with the description of the Product or Services found on the Website or notified to you we may at our option (if you are a business customer) or at your option (if you are a Consumer):
I. Make good any such shortage or non-delivery and/or
II. Re-perform a defective Service or provide a refund of the price paid for the defective Service; and/or
III. In the case of damage or any defect(s) in the Product, where possible replace or repair the Product, or refund the price paid in respect of any Products found to be damaged or defective.
Privacy Policy
TriLife, LLC: “We", "us" or "our"
www.plantbasedstemcells.com: the “Website"
Our Privacy Policy was last updated on 1 April 2023.
This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you access or use the Website. By accessing or using the Website (including but not limited to purchase any products or services marketed through the Website), you agree to the collection and use of such information in accordance with this Privacy Policy. Should you have any questions about our Privacy Policy, you may email us at support@TriLifeFARM.com
Definitions
For purposes of this Privacy Policy, the following words will have the following definitions regardless of whether they appear in singular or in plural:
1. "You" means the individual accessing or using the Website.
2. "Account" means a unique account created by you to use our Website.
3. "Consumer" means a natural person who is in the USA for other than a temporary or transitory purpose, or who is domiciled in, but outside of, the USA for a temporary or transitory purpose.
4. "Cookies" refers to small electronic files that are placed on your Device containing the details of your browsing history on that website among its many uses.
5. "Device" means any device that can access the Website as a computer, a cell phone or a digital tablet.
6. "Personal Data" refers to any information that identifies, relates to, describes or is capable of being associated with, or reasonably could be linked with you, directly or indirectly.
7. "Sale" means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
8. "Service Provider" means any natural or legal person who processes the data on our behalf, or whom we employ to facilitate the Website, perform services related to the Website, assist us in analyzing how the Website is used, provide the Website on our behalf, or process payments for the purchase of products and services via the Website.
9. "Usage Data" refers to data collected automatically, either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit).
10. “Web Beacons” refer to small electronic files that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Personal Data Collection and Use
We may ask you to provide us with certain personally identifiable information to contact or identify you as a condition to your use of the Website. Personally identifiable information may include, but is not limited to you email address, first and last name, telephone number, and physical address (including city, state and zip code) information.
We automatically collect certain Usage Data when you use the Website. Examples may include information such as your Device's IP address, operating system, browser type, browser version, unique device identifiers, the time and date of your visit, what pages you visit, and how long you spend visiting those pages, and other information that your browser sends when you access the Website.
Cookies and Tracking
We use Cookies and similar tracking technologies (e.g. beacons, tags, and scripts) to track activity on our Website and store certain information, which we may use to improve the quality of our Website and our services, and for analytical purposes.
We may administer two types of Cookies: “Session Cookies,” which are deleted as soon as you close your browser; and "Persistent Cookies," which remain on your Device when you go offline.
Session Cookies are necessary to our ability to provide you with the services available through the Website. We administer these Cookies for the purpose of authenticating users and protecting their accounts.
We administer certain Persistent Cookies to confirm that a user has accepted the use of Cookies on the Website, and to remember your login details, language preferences and other choices you make when you use the Website. Our third party Service Providers may also administer Persistent Cookies to track information about use of and traffic to the Website.
Personal Data Use, Retention, Transfer, Disclosure, Processing, and Security
We may use your Personal Data to: operate our Website, manage your Account, fulfill your order(s) for our products and services, manage your requests, contact you, and/or provide you with news and special offers. We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Website, products, services, marketing and your experience. We may share your personal information with our Service Providers, affiliates, and business partners for routine business purposes, including analytics, payment processing, and marketing. With your consent, we may also disclose your personal information for other purposes.
We may retain and use your Personal Data and Usage Data for as long as necessary to accomplish the purposes described herein. For Personal Data, such purposes include legal compliance, dispute resolution, and enforcement of our legal agreements and policies; and for Usage Data, such purposes include internal analysis, legal compliance, and enhancing the functionality and security of our Website.
We may process your information, including your Personal Data, at our offices and/or in any other place where our third party processing partners are located. As a result, we may transfer and maintain your information on computers located in different jurisdictions where the data protection laws may differ from the state and/or country in which you reside. We will act in a commercially reasonable manner to ensure that your data is treated securely and in accordance with this Privacy Policy, and prevent the transfer of your Personal Data to another organization or country unless there are adequate controls in place to protect the security of your data and other personal information. By agreeing to this Privacy Policy, you consent to the transfer of such information.
Upon prior written notice, we may disclose your Personal Data to accomplish a corporate merger, acquisition or asset sale. We may also disclose your Personal Data in response to valid requests by public authorities (i.e. government agency or court order) or if otherwise required by law. Finally, we may disclose your Personal Data if we believe in good faith that such action is necessary to protect and defend our rights and/or prevent or investigate possible wrongdoing related to the Website.
We may use third-party Service Providers to monitor and analyze the use of our Website. Toward that end, they may have access to your Personal Data to collect, store, use, process and transfer information about your activity on our Website in accordance with their own Privacy Policies. We may also use third-party Service Providers to process payments flowing from your purchase of our products or services via the Website. In the event of a purchase, your payment information will be provided directly to our payment processing partners, who are bound by PCI-DSS standards to ensure the secure handling of your payment information. We will never store or collect your payment card details. Finally, we may use your Personal Data to send you special offers, newsletters and marketing materials. You may opt-out of receiving any, or all, of these communications from us at anytime by emailing us or using the unsubscribe link contained in any such email.
We will always employ commercially reasonable means to protect your Personal Data. However, we cannot guarantee its absolute security against cyber attacks and hackers.
California Consumer Privacy Act (“CCPA”) Privacy Policy
This section supplements the information contained in Our Privacy Policy for all California residents who visit, access or use our Website.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device.
We may collect, or within the past 12 months may have collected, the following categories of information from California residents. The categories and examples listed below track the CCPA. This does not mean that we have in fact collected all examples of personal information provided in each category, but reflects our good faith belief that we may have collected, or may in the future collect, at least some of these examples from some of these categories.
1. Identifiers: Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Collected: Yes.
2. Customer records information: Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit or debit card number, other financial information, medical information, health insurance information.
Collected: Yes.
3. Characteristics of protected classifications under California or federal law: Race, religion, sexual orientation, gender identity, gender expression, age.
Collected: No.
4. Commercial information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected: Yes.
5. Biometric information: Hair color, eye color, fingerprints, height, retina scans, facial recognition, voice, and other biometric data.
Collected: No.
6. Internet or other electronic network activity information: Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
Collected: Yes.
7. Geo-location data.
Collected: Yes.
8. Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
9. Professional or employment-related information.
Collected: No.
10. Education information: Information that is not “publicly available personally identifiable information” as defined in the California Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
Collected: No.
The CCPA excludes the following categories from its definition of personal information: (a) publicly available information from government records; (b) de-identified or aggregated consumer information; or (c) information excluded from the CCPA's scope, such as (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (ii) personal Information covered by certain sector-specific privacy laws, including the Fair Credit reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Personal Information Sources
We may collect the aforementioned categories of personal information from: (a) forms you complete, preferences you express, or purchases you make on our Website; (b) observing your activity on our Website; (c) Cookies set on your Device by us or our Service Providers as you navigate our Website; and/or (d) our third party Service Providers (e.g. providers of analytics or payment processing).
Use and Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose your personal information for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include: (a) operating, monitoring and improving our Website; (b) responding to your inquiries and providing you support; (c) fulfilling the purpose for which you provided the information; (d) responding to law enforcement requests and complying with applicable laws, court orders, or governmental regulations; (e) performing internal administrative tasks and audits; (f) detecting and preventing security incidents; and (f) any other purpose described by us to you when collecting your personal information, or as otherwise set forth in the CCPA. We will update this Privacy Policy if we decide to collect additional categories of personal information, or use it for materially different, unrelated, or incompatible purposes.
We may use or disclose, or may in the last twelve months have used or disclosed, the following categories of personal information for business or commercial purposes, as defined in the CCPA: (a) Identifiers; (b) Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); (c) Commercial information; or (d) Internet or other similar network activity. Reference to these categories reflects our good faith belief that we may have disclosed, or may in the future disclose, at least some portions of personal information from these categories for a business or commercial purpose. But, if we do, we will only do so pursuant to a written contract that requires the recipient to keep that personal information confidential, and to refrain from using it for any purpose other than to perform the express purpose described in the contract.
Sale and Sharing of Personal Information
The CCPA defines the terms "sell" and "sale" to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for “valuable consideration” (i.e. money or some other type of benefit).
We may sell, or may in the last twelve months have sold, the following categories of personal information for business or commercial purposes, as defined in the CCPA: (a) Identifiers; (b) Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); (c) Commercial information; or (d) Internet or other similar network activity. Reference to these categories reflects our good faith belief that we may have sold, or may in the future sell, at least some portions of personal information from these categories for valuable consideration.
We may share this personal information with our: (a) Service Providers; (b) affiliates; (c) business partners; and/or (d) third party vendors as authorized by you in connection with products or services you purchase via the Website.
Minors Under 16 Years of Age
You must be at least 18 years old to visit, access or use our Website. We do not knowingly allow minors to use the Website, collect their personal information, or sell their personal information. We have no control over third party websites even if their links appear on our Website. Such third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission. If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If you are a resident of California, you have the following rights:
1. The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
2. The right to request. You have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes, and sharing of personal information. Once we receive and confirm your request, we will disclose to you: (a) the categories of your personal information we collected; (b) the categories of sources from which we collected your personal information; (c) our business or commercial purpose for collecting or selling your personal information; (d) the categories of third parties with whom we shared your personal information; (e) the specific pieces of personal information we collected about you; and (f) if we sold your personal information or disclosed your personal information for a business purpose, we will disclose to you the categories of your personal information that we sold or disclosed.
3. The right to Opt-Out from the sale of your Personal Data. You have the right to direct us to not sell your personal information. Please contact us to submit an Opt-Out request.
4. The right to delete your Personal Data. You have the right to request the deletion of your Personal Data, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our Service Providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our Service Providers to: (a) complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; (b) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; (c) debug products to identify and repair errors that impair existing intended functionality; (d) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (e) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (f) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent; (g) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (h) comply with a legal obligation; and/or (i) make other lawful, internal use of that information compatible with the context in which you provided it.
5. The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your rights as a consumer. That means we cannot discriminate against your by (a) denying you goods or services; (b) charging you different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties; (c) providing you a different level or quality of goods or services; (d) suggesting that you will receive a different price or rate for, or a different level or quality of, goods or services.
Exercising Your CCPA Data Protection Rights
If you are a California resident, you may exercise your CCPA data protection rights by sending us an email at support@TriLifeFARM.com or contacting us via the Website at www.plantbasedstemcells.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. Your request must (1) provide us with sufficient information to reasonably verify you are either the person about whom we collected personal information, or his/her authorized representative; and (2) include sufficient detail to enable us to understand, evaluate, and meaningfully respond. Our ability to respond to your request is contingent upon its compliance with both requirements. We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended one time by an additional 45 days upon prior notice if reasonably necessary to our ability to respond. Any disclosure by us will cover only the 12-month period preceding your verifiable request. We will select a readily usable format for our response that should allow you to easily transmit the information from one entity to another for data portability purposes.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of your personal information. To exercise this right, send us an email at support@TriLifeFARM.com, or contact us via the Website at www.plantbasedstemcells.com. We will immediately refrain from any sale of your personal information upon receipt of a verifiable consumer request from you. Our Service Providers may use technology on the Website that “sells” personal information within the meaning of the CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising and other potential “sales” activity within the meaning of the CCPA, you may do so by following the instructions below. Please note that any opt out is specific to your browser so you may need to opt out separately for each browser you use.
First, you may opt out of receiving personalized ads by following the opt-out procedures prescribed by the following links:
• The NAI's opt-out platform: http://www.networkadvertising.org/choices/
• The EDAA's opt-out platform http://www.youronlinechoices.com/
• The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt-out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
You may also opt out of from allowing the sharing of usage information about the apps you use on your mobile device in order to serve you ads that are targeted to your interests: "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices, or "Limit Ad Tracking" on iOS devices. You may also change the preferences on your mobile device to block the collection of location information.
Children's Privacy
People under the age of 18 are prohibited from using our Website. Accordingly, we will never knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we will remove that information from our servers. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information.
Links to Other Websites
Our Website may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to a third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We may also email you and/or place a prominent notice on our Website to notify you of such changes before they become effective. We recommend that you review this Privacy Policy periodically for changes, all of which become effective when they are posted on this page.
Contact Us
Please contact us via email at support@TriLifeFARM.com, or via the Website at www.naturalstemcellenhancement.com, if you have any questions about our Privacy Policy.