TERMS AND CONDITIONS
These Terms of Use (“Terms and Conditions”) govern each person’s or entity’s (“you” or “your”) access to and use of the website of Everyday Dose, LLC (“Everyday Dose,” “our,” “us,” or “we”) located at everydaydose.com, as well as any other related websites of Everyday Dose that directly link to these terms (collectively, the “Website”) as well as any purchases of products we offer (“Products”) on or through the Website.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN PROVISIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM INCLUDING BINDING ARBITRATION UNDER SECTION 13 BELOW.
1. ACCEPTANCE AND MODIFICATION OF THE TERMS AND CONDITIONS
BY ACCESSING OR USING THE WEBSITE, CLICKING ACCEPT OR AGREE OR SIMILAR OPTION WHEN MADE AVAILABLE TO YOU, OR WHEN YOU MAKE A PURCHASE THROUGH THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY AND THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT ACCESS OR USE THE PLATFORM.
2. COOKIES AND ONLINE TECHNOLOGIES
Our website incorporates the use of third-party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our Website (“Cookies”). Cookies and related information collected about your use of our Website may be shared with our social media, advertising, and analytics partners. For more information about our use of Cookies and how we may share information with third parties, please see our privacy policy.
3. ACCESS TO WEBSITE; MODIFICATIONS TO WEBSITE
Subject to your compliance with the Terms, Everyday Dose grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Website for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Website, you must have internet access, otherwise, you will not be able to use some or all of the Website.
Everyday Dose reserves the right, in its sole discretion, to modify or discontinue offering the Website, or to impose limits on your use of the Website, or any features, functionality, or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that, except as otherwise prohibited by applicable law, we have no obligation to provide any updates or to continue to provide or enable any particular Website features, functionality, tools, or content and, will not be liable with respect to any such modifications, discontinuance, or deletions. The Website is controlled and operated within the United States and is not intended for use outside of the United States.
4. Use Prohibitions
You may not:
- copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Website covered by any copyrights, trademark, patent, or other intellectual property right belonging to Everyday Dose or a third party, except with prior express permission of Everyday Dose or entity party holding the rights to license such use;
- access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website;
- use, display, mirror or frame the Website, or any feature, functionality, tool or content of the Website, Everyday Dose’s name, any Everyday Dose trademark, logo or other proprietary information;
- interfere with, disrupt, damage or compromise the Website or our systems or the access of any user, host or network in any way;
- attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;
- otherwise abuse the Website or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
Everyday Dose reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Website by any user.
5. STATEMENT ABOUT PRODUCTS
Statements about Products on the Website have not been evaluated by the FDA. Products that we offer are not intended to diagnose, treat, cure, or prevent any disease. All the suggested uses of nutrients are presented here solely for their educational purposes. We cannot anticipate all conditions under which this information and our products, or the products of other manufacturers, may be used. We accept no responsibility for the results obtained by the application of this information or the safety and suitability of our products or other products. Users are advised to make their own tests to determine the safety and suitability of the products or product combinations mentioned on the website.
6. TO EDITORS, PUBLISHERS, MARKETERS, BLOGGERS, AND WEBMASTERS:
Please republish your favorite Everyday Dose content. You may do so for free. We ask you only to attribute the content to the author(s), include the following short statement in the same font size and visibility as the article: “This article appears courtesy of Everyday Dose Inc, which offers natural solutions for optimal health,” and link the Everyday Dose name to this website.
7. PAYMENTS, AND BILLING
7.1. PAID SERVICES AND TERMS OF SALE
Purchase of any products or subscriptions (such as monthly The Dose Club plans / DOSE Plan) offered by us, may be subject to payments now or in the future (the “Paid Services”). Where Paid Services are offered under a subscription, such Paid Services includes a recurring, automatically renewing payment obligations (as further described in the “Auto-Renewals and Recurring Billing for Monthly DOSE Plans” section below). Please see our Help / FAQ for a description of the current Paid Services, our shipping terms, and cancellation and refund policies. Please note that any additional payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. We reserve the right to change the prices and available Paid Services at any time. Quantities of some products may be limited and stock cannot always be guaranteed. Products offered for sale by us are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices, and we reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Paid Services information at any time without notice. We also reserve the right to change the prices and available Paid Services at any time.
You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Purchase” button on the checkout page.
AN ORDER SUBMITTED BY YOU CONSTITUTES A LEGALLY BINDING OFFER GIVEN BY YOU TO US TO PURCHASE THE PAID SERVICES SPECIFIED IN THAT ORDER, SUBJECT TO THESE TERMS, AT THE PRICE AND ON THE TERMS STATED WHEN YOU SIGN UP OR PLACE YOUR ORDER. All orders are subject to acceptance by us, and we reserve the right to refuse or limit any orders or limit any quantities. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Without limiting the foregoing, your order will not be considered accepted until we have received payment of the purchase price of your order.
7.2. Shipment of Products
By purchasing products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments, if necessary.
We will not be liable if a product is unavailable or if shipment is delayed. Once the order has been made, we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the common carrier for shipment, provided full payment of all sums due in respect of the product(s), including any delivery charges if we choose, has been received.
7.3. BILLING
We use third-party payment processors, such as Stripe, PayPal, Squarespace, and Shopify (collectively, the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) or through the guest checkout feature on the Services for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. More information is available in our Privacy Policy. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
7.4. PAYMENT METHOD
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account or through the guest checkout feature upon demand.
7.5. AUTO-RENEWALS AND RECURRING BILLING FOR MONTHLY DOSE PLANS AND OTHER SUBSCRIPTION SERVICES
Some of the Paid Services, such as the purchase of Everyday Dose products, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described in the Cancellation Policy below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscription Services can be found at in the FAQ section of Everyday Dose.
BY CHOOSING A SUBSCRIPTION SERVICE, YOU ACKNOWLEDGE THAT SUCH SUBSCRIPTION SERVICE HAS AN INITIAL AND RECURRING PAYMENT FEATURE, AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO THE EFFECTIVE DATE OF CANCELLATION OF SUCH SUBSCRIPTION SERVICE.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL.The price of the recurring charges may differ from the price of your first order.
7.6. CANCELLATION POLICY
Customers can only cancel their subscription after a 20-day window from the date of their initial order. The purpose of this policy is to allow sufficient time for customers to receive and try our product. After the 20-day period, customers can cancel their subscription. To do so, customers must log into their account on our website and follow the cancellation process. You may also cancel by emailing us at All recurring payments relating to Subscription Services are fully earned upon payment. To change or cancel your Subscription Services, go to your account or email us at [email protected]. The cancellation request should be made after the 20-day period has elapsed. Customers will not be charged any further fees or receive additional shipments once the subscription is canceled. For any questions or assistance with the cancellation process, customers can reach out to our customer support team. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
Please note that by placing an order and subscribing to our product, you agree to adhere to the cancellation policy outlined above.
7.7 CHANGE IN AMOUNT AUTHORIZED
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
7.8 REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.
8. SMS/TEXT MESSAGES AND MARKETING COMMUNICATION CONSENT
By providing your phone number and opting in to receive marketing messages, including via SMS or text messages, from us, you expressly consent to receive marketing and non-marketing calls and text messages from or on behalf of Everyday Dose, including those made using an automatic telephone dialing system (auto-dialer), prerecorded or artificial voice messages, or other automated technology, at the phone number you provide. Your consent to receive such messages is not a condition of any purchase. Message and data rates may apply. The frequency of messages may vary. You may opt out of receiving SMS or text messages at any time by replying STOP to any message you receive from us, or by following the instructions provided in the message. For help or more information, reply HELP or contact our customer service. For more information about how we use your telephone number and your rights and choices, please refer to our privacy policy.
9. INTELLECTUAL PROPERTY
The Website is protected by copyright, trademark, patent, and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Website, and all intellectual property rights therein, are the exclusive property of Everyday Dose and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website, and you may not use the trade names, logos, and other trademarks and service marks associated with Everyday Dose without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Website in any form or by any means, or sublicense the rights granted in the Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Everyday Dose or its licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to Everyday Dose and its licensors.
If you choose to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Website (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Everyday Dose. You hereby irrevocably transfer and assign to Everyday Dose all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.
10. DISCLAIMERS
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, EVERYDAY DOSE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL EVERYDAY DOSE BE LIABLE FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVERYDAY DOSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, EVERYDAY DOSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).
12. INDEMNIFICATION
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Everyday Dose and its affiliates, licensors, and service providers harmless from and against any claims, liabilities, damages, losses, costs, and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your breach of the Terms or your gross negligence or willful misconduct.
13. DISPUTE RESOLUTION; BINDING ARBITRATION
Disputes. The terms of this Section 12 shall apply to all Disputes between you and Everyday Dose. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and Everyday Dose arising under or relating to your use of the Products, these Terms, Paid Services, Subscription Services, any transaction involving you and Everyday Dose, or any subject matter related to the foregoing, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND EVERYDAY DOSE AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY COMPANY FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF COMPANY.
Binding Arbitration. You and Everyday Dose agree that any Dispute between you and Everyday Dose arising in connection with or relating in any way to these Terms and Conditions or to your relationship with Everyday Dose as a user of our services/products will be determined by mandatory binding individual (not class) arbitration. You and Everyday Dose agree that the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. You and Everyday Dose further agree: (1) these Terms memorialize a transaction in interstate commerce; (2) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (3) this Section shall survive termination of these Terms.
Exceptions: Notwithstanding the above, you and Everyday Dose both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (a) bring an individual action in small claims court, (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (c) seek injunctive relief in a court of law, or (d) to file suit in a court of law to address intellectual property infringement claims.
Opt-Out: If you do not wish to be bound by this arbitration and class action waiver provision, you must notify Everyday Dose in writing within 30 days of the date that you first accept these Terms and Conditions (unless a longer period is required by applicable law). Your written notification must be mailed to 8015 Burleson Rd Suite 100, Austin, TX 78744 and must include: (a) your name, (b) your address, (c) a clear statement that you do not wish to resolve disputes with Everyday Dose through arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND COMPANY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
MASS ACTION WAIVER. You and Everyday Dose agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Everyday Dose expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Everyday Dose are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Everyday Dose’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Everyday Dose from participating in a mass settlement of claims.
Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice [INSERT E-MAIL]. Everyday Dose may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.
Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Hearing Format. Unless otherwise agreed, the arbitration shall take place in California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Everyday Dose or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Everyday Dose is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
Severability: If any part of this agreement is ruled to be unenforceable, then that part shall be severed from this agreement, with the remainder of the agreement remaining in full force and effect.
14. NO ENDORSEMENTS
The Website may provide links to third-party websites, resources or services. Links to such websites, resources, or services do not imply any endorsement by Everyday Dose of such websites, resources, or services or the content, products, or services available on or through such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or services or the content, products, or services available on or through such websites or services. We are not responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products, or services available on or through such websites or services.
15. RESALE RESTRICTIONS
Everyday Dose products are intended for personal use only unless explicitly agreed upon in writing. We strictly prohibit the unauthorized resale of our products through online marketplaces, websites, social media platforms, or any other digital channels.
If you wish to sell our products through a physical retail location, you must first obtain approval by establishing a valid wholesale account with Everyday Dose. Approval is granted at our sole discretion and may require verification of business credentials and agreement to additional wholesale terms and conditions.
Any violation of this policy may result in immediate termination of your purchasing privileges, cancellation of outstanding orders, and potential legal action.
16. Miscellaneous
These Terms constitute the entire and exclusive understanding and agreement between you and Everyday Dose regarding your access to and use of the Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Everyday Dose regarding the subject matter hereof.
You may not assign, transfer, delegate, subcontract, or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting, or sublicense without the foregoing consent will be null and void.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.
Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach.
If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.