Terms and Conditions
Agreement between User and www.ActliveLife.com
Welcome to www.ActliveLife.com. The www.ActliveLife.com website (the "Site") is comprised of various web pages operated by Three Anne Plus LLC ("Actlive Life"). www.ActliveLife.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ActliveLife.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.ActliveLife.com is an E-Commerce Site. We sell subscription boxes and other general merchandise.
Registration and Membership
Monthly boxes and/or packs are shipped to your address at the price listed. You may receive emails regarding your account or promotions for special offers, including third party offers. You may change your email preferences at any time in your account settings. You can cancel your membership anytime without charge by emailing jessica @ ActliveLife (dot) com. Or you can log in to your account to cancel or pause at your connivence.
Billing and Payments
As a Subscriber/Member, you agree to the following benefits and Terms:
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST EMAIL JESSICA @ ACTLIVELIFE (dot) COM AT LEAST 3 BUSINESS DAYS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE. ALL SUBSCRIPTIONS MADE DURING A GIVEN MONTH WILL BE FOR THE FOLLOWING MONTH’S BOX, REGARDLESS OF SIGN-UP DATE ALL RECURRING BILL PAYMENTSWILL BECHARGED ON THE LAST DAY OF EACH MONTH. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. ACTLIVE LIFE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT.
IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.
Product Information and Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as “as is” and “as available” basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Actlive Life disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Actlive Life does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. Actlive Life does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
All trademarks, service marks, and trade names of Actlive Life on the Site are trademarks or registered trademarks of Actlive Life, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant Actlive Life a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Actlive Life. You acknowledge and agree that you are solely responsible for all the user data that you make available through Actlive Life. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Actlive Life the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Actlive Life use of your uploaded data (or any portion thereof) on, through or by the means of Actlive Life will infringe, misappropriate or violate a third partys patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Visiting www.ActliveLife.com or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Actlive Life does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ActliveLife.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.ActliveLife.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Actlive Life is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Actlive Life is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Actlive Life of the site or any association with its operators.
Certain services made available via www.ActliveLife.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ActliveLife.com domain, you hereby acknowledge and consent that Actlive Life may share such information and data with any third party with whom Actlive Life has a contractual relationship to provide the requested product, service or functionality on behalf of www.ActliveLife.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Actlive Life or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Actlive Life content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Actlive Life and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Actlive Life or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Actlive Life from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Actlive Life Content accessed through www.ActliveLife.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Actlive Life, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Actlive Life reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Actlive Life in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Actlive Life agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACTLIVE LIFE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ACTLIVE LIFE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACTLIVE LIFE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Actlive Life reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Actlive Life as a result of this agreement or use of the Site. Actlive Life's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Actlive Life's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Actlive Life with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Actlive Life with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Actlive Life with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Actlive Life reserves the right, in its sole discretion, to change the Terms under which www.ActliveLife.com is offered. The most current version of the Terms will supersede all previous versions. Actlive Life encourages you to periodically review the Terms to stay informed of our updates.