Terms of service
Effective Date: June 21, 2019
Welcome to fizzbenefitz. The use of this website (the “Site”), including the purchase of any products obtainable or accessible through the Site (“Products”), is subject to the following terms and conditions (“Terms”). Please read these Terms carefully. By using the Site, you agree to and are bound by these Terms as well as any other terms, guidelines, or rules that Fizzbenefitz, LLC and its affiliates (“FizzBenefitz,” “we” or “us”) have issued or may issue in the future. Before using the Site or purchasing any Product, you should review these Terms. If you do not agree to these Terms, then you must discontinue any use of the Site. If you have any questions about these Terms, please contact us at hello@myfizzbenefitz .
These Terms provide that all disputes between you and FizzBenefitz relating to these Terms or your use of the Site or the Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral Arbitration and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 15 (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with FizzBenefitz.
1. Eligibility
The Site is intended for use by U.S. residents only and FizzBenefitz does not ship Products outside the U.S. FizzBenefitz does sell products intended for use by children, but it sells them only to adults, who can purchase them with a credit card or other permitted payment method. If you are under 18 years of age or under the legal age to form a binding contract, you may not order or purchase Products from this Site FizzBenefitz reserves the right to refuse service, terminate your rights to use the Site, remove or edit content or cancel orders in its sole discretion.
2. Not Healthcare Advice
The Site is not intended to provide medical advice, diagnosis or treatment. The Products, information, and other content provided on the Site are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options or any interactions between any medication you are currently taking and nutritional supplements. You should read carefully all Product packaging prior to use.
No Product offered for sale on the Site has been evaluated by the Food and Drug Administration, and no Product is intended to diagnose, treat, cure or prevent any disease.
3. Products
FizzBenefitz attempts to be as accurate as possible in all Product descriptions. However, FizzBenefitz does not warrant that any Product description or other content on the Site is accurate, complete, reliable, current or error-free. If a Product offered by FizzBenefitz is not as described, your sole remedy is to contact us no later than 30 days after your receipt of your order for a replacement or refund. (See Refund and Replacement Policy at Section 7 for details.)
4. Order Acceptance
You agree that your order is an offer to buy under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between FizzBenefitz and you will not take place unless and until you have received your order confirmation email.
5. Prices and Payment Terms
Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes or charges for shipping. All applicable taxes and charges will be added to your merchandise total. All prices posted on the Site are subject to change without notice. The price charged will be the price in effect at the time the order is placed as set out in your order confirmation email.
NOTE: We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Shipping & Shipping Charges. We will arrange for shipment of the Products to you. Please check the order page for specific delivery options. You will pay all shipping charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Payments. The Site currently uses a third party to process payments. Our third-party payment processor accepts payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
6. Gift and Offer Codes
From time to time, FizzBenefitz may offer “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively “Offer Codes”) that are redeemable towards a purchase of one or more Products, while supplies last, and subject to additional terms and conditions as may be determined and communicated by FizzBenefitz in its sole discretion at the time of promotion. Only valid Offer Codes provided or promoted by FizzBenefitz will be honored at checkout. Codes supplied or promoted by third parties unauthorized by FizzBenefitz (including any unauthorized third-party websites) will not be considered valid. FizzBenefitz is not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent. No substitutions or credits are allowed. The dollar value of any Offer Code will not be refunded or credited back if any Product is returned pursuant to the Return Policy (Section 7). Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
7. Refunds and Replacements
If you are not completely satisfied with a FizzBenefitz Product, please contact us no later than 30 days from the date you receive the Product to request either a free replacement Product, a FizzBenefitz credit, or a refund. Refunds will be made to your original form of payment. We will not refund or credit shipping fees charged on your original order. But we will pay the shipping fees to send you a replacement Product or for you to return a Product if we request its return. Email us at hello@myfizzbenefitz or call 860-581-2980 to initiate your refund or replacement no later than the 30th day after receiving delivery of your order.
We may on occasion include free samples of our other Products in shipments of an order you place with us. This refund and replacement policy does not apply to any free samples you may receive from us.
8. Privacy
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
9. Electronic Communication
When you use the Site to send us e-mails, or contact us at our email address, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by email or telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
10. Copyright
All content included on the Site, such as text, graphics, images, illustrations, designs, icons, logos, or photographs (collectively, the “Content”) is the property of FizzBenefitz or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of the Site is the exclusive property of FizzBenefitz and is protected by United States and international intellectual property laws. Any unauthorized use of any Content on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may not use the Content on the Site without the prior written consent of FizzBenefitz.
11. Trademarks
All trademarks, service marks and trade names (collectively, the “Marks”) that appear on the Site are the property of FizzBenefitz or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of FizzBenefitz.
12. License and Access
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for personal use only. This license does not allow you to do any of the following: (a) resell or make any commercial or derivative use of the Site or any of the contents of the Site; (b) collect or use any product listings, descriptions or prices; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the Content (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site. The license granted by FizzBenefitz terminates if you do not comply with these Terms.
All rights not expressly granted to you herein are reserved and retained by FizzBenefitz or its licensors, suppliers, publishers, rightsholders or other content providers.
13. Limitation of Liability
Released Parties Defined. “Released Parties” include FizzBenefitz and its affiliates, officers, employees, agents, partners and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIZZBENEFITZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you and us in connection with the Site or Products, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules.
15. Disputes or Claims
(A) Informal Resolution. We will make every reasonable effort to informally resolve any complaints, disputes or disagreements that you may have with us. Please contact us immediately by calling Customer Service at 860-581-2980 or emailing us at hello@myfizzbenefitz .
(B) DISPUTE RESOLUTION. If informal resolution is not successful, except as otherwise provided in Section C below, YOU AND FIZZBENEFITZ AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO ANY OR ALL OF THESE TERMS, YOUR USE OF THE SITE, OR THE PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FIZZBENEFITZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
© Small Claims Court Action. You or we may elect to pursue a claim in small claims court rather than arbitration. If you elect to pursue a claim in small claims court, you agree to provide us with written notice of your intention do so within 60 days of your purchase or if your claim is not regarding a purchase, then 60 days prior to filing a claim in small claims court. The small claims court proceeding will be limited solely to your individual dispute or controversy, and will not join or consolidate claims by or against other customers.
16. Termination
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site for any reason or no reason. Upon termination, these Terms will still apply.
17. Miscellaneous
Revisions to the Site. We may revise, suspend or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waiver. Either party’s failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the party agreeing to such waiver.
No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement. These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and FizzBenefitz with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Updates to Terms. From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date” at the top of this page. Your use of the Site constitutes your acceptance of these Terms, as modified or amended.