Phase It Up Website Terms and Conditions of Use and Disclosure Policy
By visiting and using https://www.phaseitup.com (collectively “the Website”), you agree that you have read, understood, and agree to the following Terms and Conditions of Use (“Terms”) by Smart Life Enterprises, Inc. (the “Company”).
This Website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from this Website for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from this Website for commercial purposes. Any reproduction or unauthorized use of any materials found on this Website shall constitute infringement.
If you submit, comment, upload, or post any materials (such as photos, videos, or written content) to this Website, you represent and warrant that: (1) you are at least 18 years old; (2) you are the owner of or have permission to share such materials; (3) you grant the Company a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant the Company a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. The Company does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this Website. Any material you post on this Website becomes public. You are responsible for your material and for any liability that may result from the material you post on this Website. You participate, comment, and post material on this Website at your own risk. Any communication by you on this Website, whether by leaving a comment or participating in a blog, chat, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company in its discretion, may delete or modify, in whole or part, any post, comment or submission to this Website. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this Website. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this Website.
To access certain features of this Website, including the private membership Website, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from this Website to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of this Website or its online material, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of this Website’s Privacy Policy.
You are strictly forbidden from the following:
- Causing damage to this Website
- Using this Website for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using this Website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using this Website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from this Website
- Sharing private and proprietary information from online courses with anyone else
The Company may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms.
This Website provides information only, and does not provide any financial, legal, medical or psychological services or advice. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. The Company disclaims any liability for your reliance on any opinions or advice contained in this Website.
Consult your physician (or primary health-care provider) and follow all safety instructions before beginning any exercise program or nutrition plan, or using any supplement or meal replacement product, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication. The contents of this Website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. None of the content on this Website prevents, cures or treats any mental or medical condition.
The Company makes no guarantees whatsoever that you will achieve any results, including earnings or weight loss results, from the information provided on the Website or otherwise by the Company. Testimonials published by the Company are independent and genuine, but they do not represent a guarantee or warranty of similar results.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles. The nearest state and federal court to Aliso Viejo, California shall have exclusive jurisdiction over any case or controversy arising from or relating to this Website, including but not limited to the Privacy Policy or these Terms. By using this Website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
The Company controls and operates this Website from offices in the United States. The Company does not represent that materials on this Website are appropriate or available for use in other locations. People who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Company may change, modify or update these Terms at any time without notice. Any access or use of this Website by you after The Company posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, or would like a copy sent to you by e-mail, contact support@phaseitup.com. Smart Life Enterprises, Inc. conducts business from its offices at 1521 Alton Rd #187 Miami Beach FL 33139
INDEMNITY
You agree to defend, indemnify and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest, and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of this Website in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Website, (iv) your use of materials or features available on this Website (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company, or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Recurring Subscription Fee
By enrolling in the Phase It Up Program, you agree to pay the recurring subscription fee based on the membership plan you choose (monthly, quarterly, semi-annual, or annual) at the current published rates and calculated from your start date.
Trial Period
Phase It Up Membership may offer, from time to time, a trial period for a reduced fee or the then-current trial period fee displayed to you at registration. Phase It Up Membership reserves the right to periodically change the trial period term and/or amount. After the end of the trial period, you agree to pay the Recurring Subscription Fee charged on the recurring frequency you select (monthly, quarterly, semi-annual, or annual) from the end of your trial. Only available for new Phase It Up Members only.
Enrollment and Cancellation
Beginning on your date of sign-up and first payment, you will receive access to the Program and its online materials for the term you selected (monthly, quarterly, semi-annual, or annual). You are automatically enrolled into the Phase It Up Recurring Subscription.
After enrolling in the Membership Recurring Subscription Service, you will receive online access to the Program and Program materials.
You may cancel your account at any time inside of your account. If you need assistance, please reach out to support@phaseitup.com.
Payment and Refunds
You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you may request an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise, the Program will not continue and we reserve the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make payment in a timely manner in accordance with these T&C’s or voluntarily decide to withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you choose.
Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these T&C’s that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
DISCLOSURE POLICY
This Website is written and edited by the Company. The Company does accept forms of affiliate income and may promote other companies’ products or services.
The Company believes in honesty. The advertising content, topics or posts on this Website may be influenced by the compensation received. Any content, advertising space or posts will be clearly identified as affiliate, paid, or sponsored content as appropriate.
Even though we may receive compensation for some of our posts or other online content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this Website are purely those of the Company, its employees, and agents. Any product claim, statistic, quote or other representation about a product or service may have been provided to the Company by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.