Wake Up and Read The Labels Terms and Conditions
Please read carefully. These terms pertain to your purchase of any product from Smiley Solutions, LLC dba Wake Up and Read the Labels. You, sometimes referred to as "Client," agree to the terms below.
- No Guarantees; Not Medical Advice. Smiley Solutions, LLC, sometimes referred to as "Consultant," makes no guarantees that the information or course provided will lead to any specific outcome. Consultant provides ALL information for educational and informational purposes ONLY. Consultant’s advice is NOT INTENDED AS MEDICAL ADVICE. Consultant is not a nutritionist, dietician, medical doctor or licensed health professional.
- Non-exclusivity. Client understands and agrees that Consultant provides services to a variety of clients; some clients may be direct competitors of one another. Nothing herein is intended to create an exclusive relationship in any industry, field, or specialty.
- During these terms and for a period of one (1) year after its termination or earlier expiration, neither Party will, in any manner, either directly or indirectly, disclose or communicate to any person or entity any confidential information of the other Party, including, without limitation: (a) customer information; (b) supplier information; (c) pricing information; (d) username / password information; or (e) any information developed by or received by the disclosing party from a third party in confidence or subject to nondisclosure or similar covenants (collectively, the “Confidential Information). Confidential Information does not include information that: (x) is or becomes part of the public domain other than as a result of disclosure by the non-disclosing Party; (y) is or becomes available to the non-disclosing Party on a non-confidential basis from a source other than the disclosing Party, provided that, to the best of the non-disclosing Party’s knowledge, such source is not bound by a duty of confidentiality to the disclosing Party; or (z) can be shown by the non-disclosing Party to have been independently developed by it without access to any of the Confidential Information. The Parties expressly stipulate any breach of this provision will be a material breach of the Agreement.
- Intellectual Property. Intellectual property rights are defined as any and all tangible and intangible rights, title and interest in and to: (a) works of authorship, including but not limited to copyrights and all derivative works thereof, (b) trademarks and trade names, (c) confidential information, trade secrets and know-how, (d) all intellectual property rights whether arising by operation of law, contract, license, or otherwise, and (e) all registrations, initial applications, renewals, extensions, divisions or reissues thereof now or hereafter in force. Any intellectual property right created, made, or originated by Consultant pursuant to this Agreement will remain the property of Consultant.
- Promotional Images. Client specifically authorizes Consultant to take any pictures and/or videos of Client. Consultant is hereby authorized by the Client to use the Client’s name, likeness, pictures and/or videos for promotional, educational, and/or informational purposes. Client grants Consultant a non-revocable, royalty free, perpetual use license for such data to be used as promotional images and samples of deliverables for Consultant. The Client waives any rights to privacy, trademark, trade dress or any other rights pertaining to the pictures and/or videos taken by Consultant, and Consultant’s use thereof.
- Cancellation by Client. In the event Client chooses to cancel the services provided, Client must pay any and all outstanding costs owed to Consultant and give seven (7) days prior written notice to Consultant, otherwise the card on file will automatically run at the renewal. Access to any online sources will be immediately revoked.
- No Refund Policy. We do not offer refunds. To stop future payments notice must be given in writing seven (7) days before the next billing period to be removed. Access to any online sources will be immediately revoked. Clients are given access to all materials in a digital format which is consideration for the payment rendered. Payment in exchange for course materials is consideration, therefore no refunds are permissible. Please note: If you have any questions, contact us at [email protected].
- Conditional Guarantee* - If a client purchases a product from Consultant and there is a "guarantee" offer then the guarantee operates in this manner:
To request consideration for the guarantee, members are required to complete the content for two weeks (14 days) and submit a written report on any of the strategies taught. The reason the policy is designed this way is to give people the chance to try the system, and if it doesn’t work, consultant can give their money back.To be considered to get your money back, the report should include the following:
- 1. Submit at least five sentences telling us specifics about your ideal meals and how you feel daily. (note: the course outlines that if you feel yucky after a meal, to change it. It also highlights HOW to keep getting progress and when to avoid ingredients. Implementation of this is key)
- 2. Submit takeaways from at least three “Course Videos,” including at least two Objections and Solutions/Insights to any objections that came daily with meals.
- 3. Complete your blank meal plans for two weeks showing what you consumed.
- 4. Tell us why this course was not a good fit for you. What did you expect that you did not get once inside the program?
*Conditional guarantee only applies to Clean Eating Academy purchases between June 27- July 7, 2022.
- Cancellation by Consultant. In the event Client has not paid the full Price by the due date thereof to Consultant, Consultant may choose to immediately cancel this Agreement, and it will be treated as if Client cancelled the agreement pursuant “Cancellation by Client” Section, above. Notwithstanding the foregoing, Consultant reserves the right to cancel this Agreement at any time for any reason (other than Client’s failure to pay, which is covered above) by giving Client seven (7) days written notice; in such instance, Consultant will stop any future payments that may be owed by Client. Client waives any right to seek further damages against Consultant for such cancellation.
- Client agrees to indemnify and hold Consultant, and Consultant’s members, owners, employees, agents, representative, heirs, successors and assigns harmless from any and all claims of damages, expenses, claims, losses or other costs incurred by or claimed against Consultant, unless such damages are caused by the gross negligence or willful misconduct of Consultant.
- In the unlikely event of a dispute regarding these terms, Client agrees to first attempt to amicably resolve such dispute with Consultant. If the parties are unable to amicably resolve the dispute, the Parties then agree to proceed to Arbitration as set forth in “Arbitration” section, below.
- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party in such Arbitration shall be entitled to recovery of its costs and fees incurred in prosecuting or defending such dispute.
- Attorney Fees, Costs, and Expenses. If these terms are enforced against the Client, then Client agrees to pay all expenses incurred by Consultant, including, without limitation, attorneys’ fees, filing fees, court costs, interest, consequential damages, etc.
- Limitation of Liability. In the unlikely event of a dispute and/or legal action, Consultant’s liability is limited to a refund of amounts paid directly to and received by Consultant for the Coaching Services rendered under this Agreement.
- Assumption of Risk. Client is responsible for and assumes the risk of injury to Client throughout the performance of Events. EXCEPT AS SET FORTH IN “LIMITATION OF LIABILITY” PARAGRAPH, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE CONSULTANT, AND CONSULTANT’S MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE CANNERY, OR CONSULTANT.
- Waiver of Jury Trial. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES’ ACCEPTANCE OF THIS AGREEMENT.
- Force Majeure. Except for any obligation to make payments when due, neither Party shall be liable to the other for any delay or failure to perform caused by an occurrence of Force Majeure. Force Majeure occurrences include events outside the control of the Party claiming Force Majeure, and may include, without limitation, acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, pandemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, civil disturbances, explosions, and actions of any government authority which result in conditions, limitations, rules, or regulations that materially impair either Party’s ability to perform hereunder, and which could not have been prevented by the affected Party through its own due diligence; or any similar cause beyond the control of the party failing to perform. The affected Party shall give to the other reasonably prompt and detailed notice of the occurrence of any Force Majeure relied upon.
- Choice of Law; Legal Venue; Jurisdiction. These terms shall be governed by and construed in accordance with the laws of the State of Louisiana without recourse to such state’s choice of law rules. Legal venue for the resolution of any dispute regarding this agreement shall be a court of competent jurisdiction located in Orleans Parish, Louisiana. Each party hereto, to the fullest extent allowed by law, consents to the personal jurisdiction of such courts, and waives any claims it may have to forum non conveniens.
- Severability. If any provision of these terms is held to be invalid or unenforceable under the law, the validity of these terms as a whole shall not be affected, and the other provisions of these terms shall remain in full force and effect.
- No Waiver – No waiver of any right under these terms shall be effective unless it is in writing and signed by an authorized representative of the party granting such waiver and any such waiver shall be effective only with respect to the particular event expressly referred to in such writing.
If you have any questions, concerns or complaints about the Wake Up and Read the Labels policy, please contact us:
- By email: [email protected]