Terms & Conditions
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE AND/OR OBTAIN SMOOTHER SKIN CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE. OBTAIN SMOOTHER SKIN IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED TO YOU BY OBTAIN SMOOTHER SKIN CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT. THE INFORMATION PRESENTED ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS IN NO WAY INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THIS INFORMATION AND THE PRODUCTS PROVIDED SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN BEFORE TAKING ANY SUPPLEMENT OR OTHER PRODUCTS OFFERED ON OR THROUGH THE WEBSITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING YOUR HEALTH OR MEDICAL CONDITION.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Obtain Smoother Skin with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Obtain Smoother Skin may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website and/or Gaia Gala following posted updates constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. Obtain Smoother Skin is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Obtain Smoother Skin reserves the right at its sole discretion, to deny any order to anyone at any time and for any reason, whatsoever. By using this Web Site and or making a purchase, you certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
Membership Program Terms
Imprad Operations, LLC will send you Gaia Gala to try for 30-days. You will be billed $69.95 today multiplied by the number of products you ordered. Also, by checking the optional checkbox on the check out page, you will be enrolled into a three month automatic shipment program which sends you a 1 month supply every 30 days starting approximately 45 days from the day of your initial order. You will receive a replacement product for a total of three months only and will be charged $69.95 each time which will be billed to the card you provide today. You can call customer service at 1-888-526-4495 and cancel anytime and are not obligated to stay during the entire 3 month program. After the third month, you will no longer be charged automatically. With the 30 Day Satisfaction Guarantee, you just have to call within 30 days of receipt and then have 2 weeks to return the products in order to receive a full refund. By clicking "Rush My Order" on the check out page, you authorize Obtain Smoother Skin to charge your credit card for each shipment as described above. Local and State sales tax may apply. Your 30 Day Satisfaction Guarantee covers every shipment of Gaia Gala.
For subsequent shipments in the program, you may only return the most recent complete shipment for credit. We do not charge a restocking fee. As long as the product is unopened with its seal intact and in good, marketable condition without package blemishes, you will be refunded the complete amount you were charged for the product.
To receive a refund for a returned product from an ongoing product shipment you must request an RMA (Returned Merchandise Authorization Number) within 30 days of the last shipment and this RMA must be written on the package in order for credit to be issued. All shipping charges are the responsibility of the customer.
In consideration of the Products you order from Obtain Smoother Skin, you agree to pay the sums at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card.
3. Auto-Ship Program.
Upon checkout, qualified customers will receive the opportunity to get Gaia Gala shipped to them automatically at the members only price. We will conveniently bill your card on file should you choose to enroll in this program.
A. What you get when you Order Gaia Gala.
You will receive one (or more depending on the quantity desired at checkout) of Gaia Gala. Most orders ship within 24 hours of ordering and is shipping within the United States via USPS First Class Mail.
B. Return and Refund Policy
If you are not satisfied with the product for any reason please contact our Customer Care Department at 1-888-526-4495 or email us at email@example.com and arrange your intent to return your product(s). A Customer Care Department operator will coordinate with you on proper return procedures such as the correct return address and package labeling. Please read the terms and conditions applicable for your product.
All non-Introductory Product returns must be unopened and postmarked within 30 days from the date that the product was originally shipped to be eligible for a refund less processing and handling. Processing and handling fees are non-refundable. Refunds will not be made on any packages marked “Return to Sender” or any introductory offer products. To return a product, simply contact the Customer Care Department at 1-888-526-4495 or email us at customer service at firstname.lastname@example.org to coordinate an intent to return action.
D. Please Note:
1. You, the customer, are responsible for return shipping and handling costs.
2. Obtain Smoother Skin is NOT responsible for any overdraft fees or situations resulting from customers using a credit card with an insufficient balance to cover the above costs. It is the sole responsibility of the customer to ensure funds are available to cover all applicable fees and taxes. Return products must be sent to the following address:
Imprad Operations, LLC
Product Support: 1-888-526-4495
120 Smith Hines Rd
Greenville, SC 29607
E. The contact information you used at the time of purchase should be on the package that you are sending back.
We are not responsible for lost or stolen items. We recommend the use of some type of delivery confirmation system for all returned items to ensure proper delivery. Refunds will be issued only to the same credit card that was used in ordering the product. It generally takes about 2-3 weeks to receive a refund. Once a refund has been issued, it usually takes 3-5 business days for the credit to be posted to your account, depending on your financial institution
4. Disclaimer of Warranties.
THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN AS IS & AS AVAILABLE BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, OBTAIN SMOOTHER SKIN MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OBTAIN SMOOTHER SKIN IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OBTAIN SMOOTHER SKIN OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
5. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OBTAIN SMOOTHER SKIN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF OBTAIN SMOOTHER SKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE OBTAIN SMOOTHER SKIN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF OBTAIN SMOOTHER SKIN TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OBTAIN SMOOTHER SKIN. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS OBTAIN SMOOTHER SKIN LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Copyright and Trademarks.
All logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Obtain Smoother Skin. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Obtain Smoother Skin owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
You agree to indemnify and hold Obtain Smoother Skin, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or your violation of any rights of another individual and/or entity. 8. Third Party Websites. The Website may contain links to other websites on the Internet that are owned and operated by third parties. Obtain Smoother Skin does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Obtain Smoother Skin of the applicable website or any association with the website’s operators. Because Obtain Smoother Skin has no control over such websites and resources, you agree that Obtain Smoother Skin is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Obtain Smoother Skin shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
9. General Provisions.
The Agreement shall be treated as though it were executed and performed in the State of Wyoming and shall be governed by and construed in accordance with the laws of the State of Wyoming without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Wyoming in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Obtain Smoother Skin and governs your use of the Website. Obtain Smoother Skin’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
10. Contact Us.
If you have any questions about the Agreement or about the practices of Obtain Smoother Skin, please feel free to contact us at:
Imprad Operations, LLC
Product Support: 1-888-526-4495
120 Smith Hines Rd
Greenville, SC 29607