These terms and conditions govern your use of this web site at coconutcountryliving.com. By accessing this web site, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Coconut Country Living LLC (hereinafter “Company”, "CCL", “We”) at any time and at our discretion without notice. Except as specified elsewhere herein, your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site. If you do not agree with the terms and conditions, please do not use or access the web site.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section titled “Contacting Us”.
2. ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties put forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
3. PAYMENT TERMS AND REFUND POLICY
We accept the following credit cards: Visa, American Express, MasterCard, and Discover & PayPal. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed immediately upon purchase.
B. Recurring Subscriptions (Monthly)
If you complete a trial period and continue with a recurring subscription, you hereby authorize regularly scheduled charges to be made to your credit card on file. You will automatically be charged the agreed-upon rebill amount ($19 or $38 USD depending on promotion at the time of purchase) on your respective billing date (the “rebill date”). Your rebill date will be on the same day of the month as when you initially placed your order with COMPANY. If a particular month doesn’t have that rebill date, then your rebill date for that month would be moved to the last day of the respective month. For example, if your rebill date is the 31st, your rebill date would be January 31, February 28, and March 31 etc. If your card on file is declined for any reason, COMPANY will attempt to re-run the charge for the card on file up to four (4) more times within the following nine (9) days. If COMPANY has run your card four (4) times with no success, your subscription will be cancelled.
You may cancel your recurring subscription at any time by sending an email to support (email@example.com) with your email address and order number so COMPANY can find your order. You must submit your request for cancellation at least 5 business days before your next rebill date to avoid the subscription being processed for another month.
B. Recurring Subscription (Monthly With No Trial Period)
If you sign up for a monthly subscription without a trial period promotion, you hereby authorize a charge immediately along with monthly scheduled charges to be made to your credit card on file, unless you initiate cancellation.
All customers signing up for the subscription will be required to submit payment card details, to allow automatic payments every 30 days.
Customers wanting to cancel the subscription service must cancel the subscription by sending an email to support (firstname.lastname@example.org) with your email address and order number so COMPANY can find your order.
You may receive a refund subscription fee by sending an email to support (email@example.com) during the 30-day subscription period. Only current months’ subscription fees are refundable.
The subscription fee is non-refundable after the 30-day subscription period has passed. Previous months’ subscription fees are non-refundable.
COMPANY reserves the right to change the features of the subscription offer at any time.
C. General Refund Policy and Damaged Goods
Items that were purchased through COMPANY site can be refunded within 60 days of purchase for a full refund. We are not responsible for the cost of return shipping if item is returned. Payments made with a credit card will be refunded to the card used for your order. Refunds will not be honored after 60 days.
Damaged and wrongly shipped items may be requested to be returned to us within 60 days at no cost to the purchaser unless there are reasonable circumstances why this cannot be done. In the event you purchase Products that are subject to any limited guarantee based on express language on the Websites (e.g., “60 Day Money Back Guarantee”), such guarantee, if applicable, shall be limited solely to those Products purchased on the Online Shop and shall not apply to any other products purchased in any other store, account, site, location or channel. For purposes of calculating the relevant time period, the applicable date shall be the date of purchase unless stated otherwise. Any eligible refunds will be paid using the same payment method as the initial purchase.
4. PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT
A. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
B. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
C. We reserve the right to discontinue or modify without notice or liability, any portion of this web site. However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered. If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
D. You affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate. Company further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
E. You understand and agree to not place an unreasonable burden on the server hosting this web site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
F. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
G. You agree and understand that any information you disclose on any open forum hosted by Company may be used and viewed by other parties than Company. Company cannot ensure or warrant the security of any information you transmit to Company, and you do so at your own risk.
H. Please do not send any confidential or proprietary information to Company unless specifically requested by Company. Any such unsolicited information or material sent to Company by you will not be deemed confidential or proprietary. Furthermore, you agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.
6. THIRD PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
7. CONTACTING US
If you need to contact us, you can email us at firstname.lastname@example.org, or send us a letter at 10921 Reed Hartman Hwy, Suite 304a, Cincinnati, OH 45242:
8. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
11. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nevada. You hereby consent to binding arbitration in the State of Nevada to resolve any disputes arising under these Terms and Conditions.
13. ARBITRATION OF DISPUTES
Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in [what County in Nevada do you prefer?]. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of [what County in Nevada do you prefer?]. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.
14. CLASS ACTION WAIVER
ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
15. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).
16. TESTIMONIALS AND RESULTS DISCLAIMER
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please note the following:
The weight loss testimonials presented apply only to the individuals depicted, cannot be guaranteed, and should not be considered typical. Every testimonial on this website is from a real customer who used a PaleoHacks product, and/or nutrition advice listed on the website.
No one was paid for a testimonial or endorsement. Participants in our Ambassador Program were given a Coconut Country Living product at no charge for their honest feedback. Some individuals were given a gift card in exchange for their review. Before and after photos were not retouched or altered. Results were self-reported by the customer. You should assume that featured results are not typical.
17. HEALTH INFORMATION DISCLAIMER
Any medical or health-related information provided in this web site is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider. Please consult your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the web site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the website have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.