Terms & Conditions
Use of the site & PROHIBITIONS
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
AND PROCESSES OF INVOICES
4D Supplements has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by 4D Supplements prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. 4D Supplements has all the discretion to cancel or deny orders. 4D Supplements is not responsible for pricing, typographical, or other errors in any offer by 4D Supplements and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, 4D Supplements reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
RETURN & REFUND POLICY
We want to make sure you always have exactly what you want. If you decide a product you ordered isn’t what you need and you haven’t opened it, we can issue a refund, send a replacement, or award in-store credit to use towards a future purchase. If you want to return an item that you’ve opened or used, we can almost always offer an in-store credit or provide a replacement item. To process the return, please email our Customer Service team and provide your name, the reason for returning the product, and if you prefer a replacement item, a refund, or an in-store credit.
Next, send the item and a copy of your invoice in a carefully packed box to our Corporate address listed on the invoice with “Attention: Returns” on the address label. We recommend using a shipping method that provides step-by-step tracking information when returning the item to our warehouse so you can be sure it arrives safely. Sorry, but we are not responsible for the amount of time it takes for the item to be returned to our facility, or if the item is lost or broken during the process.
Items that are opened must be returned within 45 days and we cannot accept returns on items received from a previous exchange. If you ordered the item more than 45 days ago, you can still return the products for an in-store credit, but we charge a 25% re-stocking fee. If you placed the order for the item more than six months ago, unfortunately we are unable to accept the return.
When you are expecting a refund from us, it should be processed within 2-5 business days and issued to the account used for the original purchase. If you paid by credit card, debit card, or PayPal, it may take up to five additional business days before the refund is reflected on your account statement. If the original account is closed, or if the card used has since expired, you will be refunded using a cashier’s check sent through the mail.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispricing in our catalogs in which the item/’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected 4D Supplements shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed 2,000 USD or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of 4D Supplements. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the 4D Supplements to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of Louisiana, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Louisiana, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
AMBASSADOR / ADVOCATE AGREEMENT:
This Advocate Agreement (the “Agreement”) is dated as of the day you opt-in to the click-wrap “I agree” on the 4D Life Website (www.drink4d.com) (“Effective Date”) between 4D Life, LLC (the “Brand”), and yourself (the “Advocate”), an individual (each a “Party” and may be referred to collectively as “Parties”).
The Brand and the Advocate agree:
Nature of Relationship. You agree to act as an Advocate for the Brand to promote products, services, and/or events the Advocate Program. In exchange, you will receive product, discounts or other compensation as offered through Advocate campaigns.
Relationship. The Brand engages the Advocate as an Independent Contractor on a non-exclusive, non-employee basis to endorse and promote its services to a target audience. The Parties shall have no authority to contractually bind the other or make decisions on the other Party’s behalf. As an Advocate you are governed by the Terms of Service and Privacy Policies for the Brand.
Term. This Agreement shall have an initial term of one year and automatically renew for additional one-year terms thereafter unless either party provides notice of its intention of nonrenewal. It may be terminated in writing any time by any Party with seven days written notice.
Deliverables. The Advocate will deliver the campaign content or posts on the agreed platforms according to the deliverables specified by the Brand. The Services must abide by the rules of the relevant social media platforms, and may be subject to the Brand’s acceptance and approval.
Rights You Grant Us. By posting or submitting content, including all types of media content or tasks directly to the Brand or to any social media platform, you grant the Brand a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, transferable license to access, use, copy, publicly perform, digitally perform, publicly display or otherwise exhibit and distribute such content, and to transmit, sell, modify, create derivative works from and/or to incorporate such contributed content into other works in any form, medium or technology, commercial or otherwise, without further compensation to you or any third party. The Brand may, but is not obligated, to use your content.
Representations and Warranties. The Advocate represents and warrants to the Brand that (i) the Advocate has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or the Advocate’s undertaking this relationship with the Brand; (ii) all content (save and except any materials supplied by the Brand) will be the original work and creation of the Advocate and will not infringe the rights (including without limitation, any intellectual property rights) of any third party; (iii) you will not contribute content that reveals any trade secret, unless you own or have permission to reveal it; (iv) that content will not contain libelous, defamatory, obscene, offensive, hateful, pornographic, abusive, harassing, or threatening material or references.
Content Requirements and FTC Guidelines. The Advocate is responsible to verify that campaign materials and content meet campaign requirements and FTC guidelines. Content should not reference any competitor product. When posting, Advocate must clearly disclose any “material connection” with the Brand, including the fact any consideration provided for a particular campaign. The above disclosure should be clear and prominent and made in close proximity to any statements that Advocate makes about the Brand’s products or services. Advocate’s statements should always reflect factual, honest, and truthful opinions and actual experiences. You are solely responsible for any content submitted and may be held legally liable for damages caused to any third party.
Campaign Details & Collateral. The Brand shall provide the necessary content and briefing materials to enable the Advocate to perform the services. Unless otherwise specified, the Advocate shall be solely responsible for all costs associated with creating content.
Compensation. In full consideration of the Advocate’s performance, his / her obligations and the rights granted herein, the Advocate shall receive product, services or other compensation as detailed in the campaign. The Advocate acknowledges that the agreed upon compensation represents the entire compensation with respect to this agreement and the Brand shall have no other obligation for any other compensation, expenses or costs incurred by the Advocate.
Confidentiality. The Advocate agrees to hold in strictest confidence, and not to use or disclose without written authorization, any Confidential Information received from the Brand. “Confidential Information” means any proprietary information (including third party information), technical data, trade secrets or know-how, including but not limited to: illustrations, product plans, products, services, customer or Advocate names, and other business information disclosed by the Brand either directly or indirectly in writing, orally or by drawings or observation of parts or equipment.
Independent Contractor. The Advocate acknowledges and agrees that you are acting as an independent contractor. The Advocate shall be responsible for the manner and form by which they perform this contract, and the payment of all costs and taxes associated with it.
Cancellation. Any Party may terminate this agreement upon breach of the other Parties with or without cause upon seven days prior written notice. In addition to any right or remedy available to the Brand under this agreement or applicable law, the Brand may instruct the Advocate to return products or collateral, cease all promotional activities, or make clarifying statements, and the Advocate shall immediately comply. The provisions relating to Termination, Indemnification and Rights You Grant Us of the Terms shall survive expiration or termination.
Indemnification. The Advocate agrees to indemnify, defend and hold harmless the Brand against any and all claims and losses arising out of or relating to the services performed by the Advocate under this Agreement or the representations and warranties made pursuant to Representation and Warranties Section hereof. Advocate’s obligations shall survive termination, for any reason, of this Agreement. You shall promptly notify the Brand of any action against the Brand.
Miscellaneous. (i) This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to its conflict of laws provisions; (ii) No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance; (iii) If one or more of the provisions in this Agreement shall for any reason be held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable at law, such provision or provisions shall be construed by the appropriate judicial body by limiting or reducing.