Terms + Conditions
SUBLIME NUTRITION & HEALTH SOLUTIONS
Last updated on July 13, 2019
1. User Account, Password, and Security
You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sublime State of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sublime State cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
2. User Conduct
You acknowledge and agree that Sublime State may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Sublime State, its users and the public.
You understand that the technical processing and operation of the Website, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree that you are responsible for actions and communications undertaken under your account. Sublime State takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Sublime State and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Website. You agree to indemnify Sublime State and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
You agree that you will use this Website and any products and services, ordered on this Website in accordance with all applicable Canadian federal, Ontario provincial and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
4. Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Website, by Sublime State, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Website without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Website, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Website. By submitting Content to Sublime State, you grant Sublime State a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Website and any software provided to you or used in connection with the Website, including, for example and without limitation, any API’s or other scripts (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, Sublime State grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Website and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Sublime State (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Sublime State upon their submission or communication to Sublime State, and you do assign all rights therein to Sublime State and agree that the same will automatically become the property of Sublime State and that Sublime State may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Sublime State may elect, forever.
5. Intellectual Property Policy
Sublime State respects the intellectual property rights of others. We ask our users to do the same. Sublime State may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Sublime State’s Copyright Agent, and provide the following information (“Notice”):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
a description of the copyrighted work and/or trademark claimed to have been infringed;
a description of where the claimed infringing Content is located on our Website;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
You represent and warrant that you are the owner of the content which you submit and that the content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgement or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
You agree to defend, indemnify and hold Sublime State and Sublime State’s officers, directors, employees, agents and licensors harmless from all judgements, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Website, (b) your use of the Website, (c) your connection to the Website, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
9. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website or access to the Website without Sublime State‘s express written consent.
You agree that Sublime State, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content you may have contributed to the Website, at any time for any reason or no reason. Sublime State may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Sublime State may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Website. Further, you agree that Sublime State shall not be liable to you or any third-party for any termination of your access to the Website. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website and/or terminate your account.
The Website may provide, or third parties may provide, links to other websites or resources. Because Sublime State has no control of such sites and resources, you acknowledge and agree that Sublime State is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Sublime State is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
12. Public Reputation
You acknowledge and agree that you will not use any product or service ordered from the Website in a way that would be damaging to Sublime State’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product or service ordered from Sublime State, in a public setting, including on the Internet, in a way which disparages Sublime State, Sublime State’s board members, employees, shareholders or partners, or the Canadian Postal Service, Sublime State reserves the right to demand immediate return of the product or service, to furthermore pursue all recourses and remedies available under the law.
13. Pricing, Shipping, and Terms of Sale
Prices for products are described on the Website and are incorporated into this Agreement by reference. All prices are in Canadian dollars. Prices and products may change at Sublime State’s discretion. Title and risk of loss for all products ordered by you shall pass to you on Sublime State’s shipment to the shipping carrier. Purchases are subject to Sublime State’s Return Policy. Sublime State reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
14. Refund Policy
Refund Policy for all the products and services will be mentioned alongside the product/service listing. General Refund Policy is as follows:
· For online courses: 100% refund will be offered by Sublime State for online courses if you are not satisfied and cancel the online course within thirty days of purchase.
· For Online Appointment: If the online appointment is cancelled by you more than 24 hours prior to the scheduled appointment, fully usable Store Credits will be issued to you which can be used to buy products and services on our Website. Store Credits must be used within twelve months from the date of issuance. No refund is provided for appointments which are cancelled with less than 24 hours remaining.
· For Meal Plans: Meal plans are refundable within the first seven days from the date of purchase.
15. Age and Geographic Restrictions
You must be at least 13 years of age to use this Website. Please contact us if you have any concerns or questions about this restriction.
16. Correction of Errors and Inaccuracies
The information and product listings on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
16. Disclaimer of Warranties
Your use of the Website is at your sole risk. This Website and the information, services, products, programs and materials available through it are provided on an “as is” and “as available” basis.
All recommendations (verbal, written, audio, internet and email) provided by Sublime State are intended for educational and informational purposes only. The information provided is not a substitute for a professional medical opinion. Please contact your doctor for specific individualized health and nutrition recommendations. Sublime State and its employees, consultants, authors and publishers disclaim any liability in connection with the use of the information.
To the fullest extent permissible pursuant to applicable law, Sublime State and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sublime State does not make any warranty that (a) the Website or its content will meet your requirements, or (b) that the Website or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, or (d) that defects, if any, will be corrected. You agree that Sublime State shall have no responsibility for any damages suffered by you in connection with the Website or any content contained therein.
You expressly agree that use of this Website, including all content, data or software distributed by, downloaded or accessed from or through this Website, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that Sublime State does not control in any respect any information, products, or services offered by third parties on or through this Website. Except as otherwise agreed in writing, Sublime State and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this Website.
You acknowledge that Sublime State makes no warranty or representation that confidentiality of information transmitted through this Website will be maintained.
No advice or information, whether oral or written, obtained by you from Sublime State or through or from the Website shall create any warranty not expressly stated in the agreement.
17. Limitation of liability
Under no circumstances including, without limitation, its own negligence, shall Sublime State or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Sublime State or related services be liable 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 Sublime State has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Website or (e) any other matter relating to the Website. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
If any provision of this agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this agreement shall in no way be affected or impaired.
These terms and conditions and your relationship with Sublime State shall be governed by and construed in accordance with the laws of the province of Ontario, without resort to its conflict of law provisions. You and Sublime State agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Sublime State may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Sublime State’s failure to act with respect to a breach by you or others does not waive Sublime State’s right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and Sublime State, and supersedes all other communications, written or oral, with regard to the Website and services provided by Sublime State.