Terms of Services

Terms of Service

Last Updated: September 2023

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OUR WEBSITE.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US OR OUR AGENTS AND REPRESENTATIVES (INCLUDING ANY THIRD PARTY BENEFICIARY OF THESE TERMS) ON AN INDIVIDUAL BASIS ONLY, AND BY USING OUR WEBSITE AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

These Terms of Service (the “Terms”) govern the individual, company and/or organizational (collectively, “you”, “your” or “ Customer”) purchase and use of any of our services, including your use of the various text, SMS (also known as “ Short Message Service”), and MMS (also known as “Multimedia Messaging Service”) messaging services (collectively, the “ Services”) available through our website (www.sweetandhealthyblends.com) (including both mobile and online versions) (the “ Site”), any SMS/MMS “long codes” or “short codes” that may be provided or made available to you in conjunction with your use of the Services or the Site (collectively, “SMS/MMS Codes”), and the software, technical and communications website(s) available on and through the Site (collectively, the “website”). The website and Services are made available by Sweet and Healthy Blends, LLC., d/b/a Sweet and Healthy (“Provider,” “we”, “ our” or “us”).

If you want to use the website or our Services or access the Site, then carefully read these entire Terms as they constitute a binding written legal agreement between you and us and they affect your legal rights and obligations. The business realities associated with operating the website and providing the Services are such that, without the conditions that are set forth in these Terms — such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – we would not make the website or the Services available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the website or to the Services offered via the website or otherwise (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. By using and/or continuing to use or access the website or the Site, including all Services offered therein or thereby, you are agreeing to be legally bound by these Terms and any applicable Additional Terms. Your continued use the website or Site or our Services is an affirmation of your consent to these Terms, any Additional Terms, and any changes thereto (see section below for more information).

Through the website and Services, we provide notification and messaging services that allows paid subscribers to contact and send information to their user database through mobile text messaging services and other mobile communication systems. After purchasing a subscription to the website, you can communicate with your customers utilizing the dashboard. As part of the Services and website, we provide businesses and organizations with a variety of tools to input names, mobile phone numbers, email addresses, and other information that have been collected by Customer on an opt-in basis and to help you import such customer data (collectively, “ Customer Data”). However, contact information should be imported only if your users have given you consent to receive a specified type of messaging from you (as required by applicable law or your Privacy Policy).

You agree to our Privacy Policy and anti-spam policies described in these Terms and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account and will indemnify us in relation to same, according to these Terms. We reserve the right to suspend or terminate your account at any time, at our sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in these Terms or applicable law. Violation of applicable anti-spam laws and regulations, regardless of whether specifically described below, may also result in third-party legal actions against you. 

1. Terms Applicable To The Purchase Of Products and Services On Our Website 

A. To purchase access and use of the website and gain access to our products or services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence and authorized to bind the specific entity on whose behalf you are accessing and using the website or purchasing products or services (if applicable). Prior to the purchase of access to the website or our provision of the Services, unless we make alternative payment arrangement with you, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For the specific subscription to the website/Services which you order, you agree to pay the price applicable (including any shipping, sales taxes and surcharges) as of the time you submit the order. Provider or our third party credit card/payment processor will automatically bill your credit card or other form of payment submitted as part of the order process for such price. 

B. Methods of Payment, Credit Card Terms and Taxes . All payments must be made through a credit or debit card or other payment mechanism we accept at the time you sign up. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all Fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. You agree that purchases will be deemed accepted by you for all purposes. If Provider does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Provider or its agents. Sales taxes, or other taxes, customs, shipping, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Provider shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase. Though we use security measures to protect your payment information, we do not guarantee its security, and you are providing it at your own risk. We do not have access to your full credit card number and you are not to send it to us in any form of communication.

C. Refund Policy . All purchase transactions made through the website are subject to Provider’s refund policy in effect at the time of purchase. Currently, Provider’s refund policy is to NOT offer any refunds for any products or services purchased through the website.

D. No Responsibility to Sell Mispriced Services . We do our best to describe every product or service offered on this website as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Provider shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge.

F. Provision and Use of SMS/MMS Codes. Use of the website may involve use of SMS/MMS Codes assigned and approved by a third party telecommunications service provider/carrier. The purpose of SMS/MMS Codes is to allow message recipients to respond your messages. On the website, SMS/MMS Codes are primarily used to allow your message recipients to make STOP requests, thereby allowing them to “opt-out” from receiving further messages.

Mobile Marketing Terms of Service

The Sweet and Healthy Blends mobile message service (the “Service”) is operated by Sweet and Healthy Blends (“Sweet and Healthy Blends”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Sweet and Healthy Blends’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sweet and Healthy Blends through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sweet and Healthy Blends. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sweet and Healthy Blends mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Security

We use sophisticated encryption and authentication tools to protect the security of your personal information that you share with us. Unfortunately, however, much like offline transactions, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take every precaution to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Websites, and you do so at your own risk. Rest assured, once we receive your transmission, we will do our best to protect its security on our systems. We urge you to keep the password you use with Sweet and Healthy Blends in a safe place and not to divulge it to anyone. Also remember to close your browser window when you have finished your visit to our Websites. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or hotel.

Links to Third Party Sites

Our Websites may contain links to Websites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from the Sweet and Healthy Blends privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on those sites.

Protecting Children

Sweet and Healthy Blends take special care to protect the safety and privacy of children. Our websites are general audience sites. It is our policy, in compliance with the requirements of the Children’s Online Privacy Protection Act (COPPA), not to collect information online about or from children age 13 and under. We also do not send email or regular US Mail correspondence to anyone under the age of 13 without their parent’s consent. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online and should then do so only under supervision of their parents or guardians. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.

Inaccuracies

It is our goal to present the most accurate and reliable information on our website at all times. There may be occasions when some of the information featured in on our website may contain insufficient data, typographical errors or inaccuracies. Any errors are completely unintentional and we apologize if erroneous information is reflected in merchandise price, item availability or item copy. We reserve the right to correct errors or to update product information at any time without prior notice. In the event that our website product is listed at an incorrect price due to photographical error, typographical error or error in pricing information our website shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our website shall have the right to refuse or cancel any such orders and you will be notified promptly.