Terms & Conditions
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below. Power Over Cravings may construe silence as a full, complete and final acceptance of the terms and conditions of Power Over Cravings and products.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
- MINORS. We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us with any personal information.
- HEALTH DISCLAIMER IS PART OF THESE TERMS AND CONDITIONS. Our health disclaimer is part of, and subject to, these terms and conditions of use. You may view our health disclaimer on this website.
- COMPENSATION DISCLOSURE IS PART OF THESE TERMS AND CONDITIONS. Any material connection that we have with a third party provider of goods or services mentioned on www.powerovercravings.com are explained in our Compensation Disclosure. This policy is incorporated by reference into these Health Disclaimers. You should read the policy to fully understand the meaning of our relationships with third party vendors and how it may affect the content found on www.powerovercravings.com.
- MODIFICATIONS AND TERMINATIONS. These terms and conditions may change from time to time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound. You can review the most current version of the Terms and Conditions at any time by clicking on the “Terms and Conditions” hyperlink located at the bottom of the pages on the website. If you disagree with the changes that have been made, you should not use our website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail on the contact page, and providing us with information relating to your concern.
- LICENSEE STATUS. You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
- CONTENT OWNERSHIP. All content on our website is owned by Power Over Cravings. You hereby grant Power Over Cravings a royalty-free, worldwide, perpetual, and irrevocable license (with the right to sub-license) to use any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the website without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the website or other web sites. Furthermore, by posting any information on our website, you further grant Power Over Cravings and its affiliates a royalty-free, worldwide, perpetual, irrevocable license (with the right to sub-license) to display, use, reproduce, or modify that information. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail from our contact page. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail on our contact page. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY. The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchant ability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
- OBSCENE AND OFFENSIVE CONTENT. We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by sending an email on our contact page so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
- INDEMNIFICATION. You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
- COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION. You agree to obey all applicable laws while using our website. You agree that the laws of NV govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Manchester, VT, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
- SEVERABILITY OF THESE TERMS AND CONDITIONS. If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
- HOW TO CONTACT US. Any questions or concerns about these terms and conditions of use should be brought to our attention by emailing on the contact page.
- ENTIRE AGREEMENT. These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
- RETURN POLICY. You may contact Power Over Cravings at any time by email on the contact page within 30 days of the original order date for 100% refund of the product purchase price, excluding any shipping and handling charges. Your request will be replied to by a Power Over Cravings Representative within 3 business days to verify your intent to cancel. Once your intent to cancel is confirmed by a Power Over Cravings Representative one of the following will occur:
- For digital products, the cancellation will be processed and funds for will be credited back to your same account within 5 business days
- For physical products, cancellation will be processed and funds credited back to your same account upon receipt of physical product returned to the location it was shipped from. Power Over Cravings is not responsible for any return shipping cost for unwanted physical products.
- You further agree to try the Power Over Cravings products during the initial 30 day period following your purchase. You further warrant that you will make a determination during the initial 30 day period if the product is as described and to decide whether you wish to keep the product. If you do not notify Power Over Cravings during the refund period in the manner described herein, you agree that Power Over Cravings may construe silence as a full, complete and final acceptance of the terms of the sale of Power Over Cravings products and you will have no further right of redress or refund for any reason. In addition, Power Over Cravings reserves the right to refuse a refund to anyone reasonably suspected by Power Over Cravings to have previously taken advantage of the 30 Day Money Back Guarantee on more than one occasion.
All sales after the refund period are final.
- SUBSCRIPTIONS.* Unless you cancel, we will automatically re-bill your subscription purchase 30 days from the date of your first order. Thereafter, you will continue to receive a new subscription purchase each month for as long as you are a subscriber. The card you provided when you placed your initial order will be automatically charged the price of your subscription purchase (plus shipping and handling, when applicable) when each new order processes. To cancel future billings, you must email our Power Over Cravings Customer Support Team with info provided on the contact page, at least 24 hours prior to the date that your next billing cycle begins. Subscription fees after the initial purchase are non-refundable. All subscriptions are set to process every 30 days by default. You may cancel anytime without penalty. *This applies to monthly subscription products only and excludes one-time purchases.
- YOUR CONTENT AND CONDUCT. As a Power Over Cravings member you may submit content to the site, including photos and user comments. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on Power Over Cravings. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload, post or email content you submit. You agree that content you upload, post or email to Power Over Cravings will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to upload, post or email the material and to grant Power Over Cravings all of the license rights granted herein. Power Over Cravings does not endorse any content submitted to Power Over Cravings by any user or other licensor. Power Over Cravings does not permit copyright infringing activities and infringement of intellectual property rights on the website and Power Over Cravings will remove all content if properly notified that such content infringes on another third party intellectual property rights. You also affirm, represent, and warrant that your participation on this site and the content you upload, post or email does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You affirm, represent and warrant that you will not impersonate any person or entity, including, but not limited to, any athlete, medical professional, government regulator or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree that content you upload, post or email will not transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You agree that content you upload, print or email will not transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. Power Over Cravings reserves the right to make the final decision regarding what is appropriate. Power Over Cravings further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
Last Updated: September 20, 2016