TERMS & CONDITIONS

ACCEPTANCE AND MODIFICATION OF THE TERMS & CONDITIONS

Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Cheryl’s Care, Inc. are governed by these terms and conditions (the ‘Terms and Conditions’). By accessing, browsing and/or using our site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If we decide to modify our Terms and Conditions, we will post a new version on the Site. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.

Please note that any additional payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. We reserve the right to change the prices and available Paid Services at any time. Quantities of some products may be limited and stock cannot always be guaranteed. Products offered for sale by us are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices, and we reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Paid Services information at any time without notice.You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Purchase” button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us, and we reserve the right to refuse or limit any orders or limit any quantities. We will not be liable if a product is unavailable or if shipment is delayed. Once the order has been made, we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the common carrier for shipment, provided full payment of all sums due in respect of the product(s), including any delivery charges if we choose, has been received. By purchasing products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments, if necessary.Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable.

Please read these Terms of Service carefully. By clicking “I Accept”, accessing, or using our services, you agree to these terms, including the mandatory arbitration provision and class action/jury trial waiver. This means disputes must be resolved through individual arbitration and not in a class-wide or jury trial format. If you don’t agree to all of these terms, please do not use our services.

STATEMENT

Statements throughout this publication have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease. All the suggested uses of nutrients are presented here solely for their educational purposes. We cannot anticipate all conditions under which this information and our products, or the products of other manufacturers, may be used. We accept no responsibility for the results obtained by the application of this information or the safety and suitability of our products or other products. Users are advised to make their own tests to determine the safety and suitability of the products or product combinations mentioned on the website.

TO EDITORS, PUBLISHERS, MARKETERS, BLOGGERS, AND WEBMASTERS:

Please republish your favorite Cheryl’s Care content. You may do so for free. We ask you only to attribute the content to the author(s), include the following short statement in the same font size and visibility as the article: “This article appears courtesy of Cheryl’s Care Inc, which offers natural solutions for optimal health,” and link the Cheryl’s Care name to this website.

PAYMENTS, AND BILLING

PAID SERVICES AND TERMS OF SALE

Purchase of any products or subscriptions offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “Auto-Renewals and Recurring Billing for Monthly CARE Plans” section below). Please see our Help / FAQ for a description of the current Paid Services, our shipping terms, and cancellation and refund policies. Please note that any additional payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.We reserve the right to change the prices and available Paid Services at any time. Quantities of some products may be limited and stock cannot always be guaranteed. Products offered for sale by us are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices, and we reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Paid Services information at any time without notice.You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Purchase” button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us, and we reserve the right to refuse or limit any orders or limit any quantities. We will not be liable if a product is unavailable or if shipment is delayed. Once the order has been made, we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the common carrier for shipment, provided full payment of all sums due in respect of the product(s), including any delivery charges if we choose, has been received. By purchasing products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments, if necessary.Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable.

BILLING

We use third-party payment processors, such as Stripe, PayPal, Squarespace, and Shopify (collectively, the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) or through the guest checkout feature on the Services for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. More information is available in our Privacy Policy. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

PAYMENT METHOD

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account or through the guest checkout feature upon demand.

CANCELATION POLICY

Customers can only cancel their subscription after a 20-day window from the date of their initial order. The purpose of this policy is to allow sufficient time for customers to receive and try our product. After the 20-day period, customers can cancel their subscription. To do so, customers must log into their account on our website and follow the cancellation process. The cancellation request should be made after the 20-day period has elapsed. Customers will not be charged any further fees or receive additional shipments once the subscription is canceled. For any questions or assistance with the cancellation process, customers can reach out to our customer support team.

Please note that by placing an order and subscribing to our product, you agree to adhere to the cancellation policy outlined above.

AUTO-RENEWALS AND RECURRING BILLING FOR MONTHLY DOSE PLANS AND OTHER SUBSCRIPTION SERVICES

Some of the Paid Services, such as the purchase of Cheryl’s Care products, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscription Services can be found at in the FAQ section of Cheryl’s care. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.To change or cancel your Subscription Services, go to your account or email us at hello@cherylscare.com. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL.The price of the recurring charges may differ from the price of your first order.

CHANGE IN AMOUNT AUTHORIZED

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

REAFFIRMATION OF AUTHORIZATION

Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.

Dispute Resolution; Binding Arbitration

Any disputes arising out of or related to these Terms and Conditions or the use of Cheryl’s Care services/products will be resolved on an individual basis, unless you opt out of arbitration by following the instructions set forth below. You agree not to participate in any class action lawsuit, class-wide arbitration, claims brought in a private attorney general capacity, or any other proceeding where someone acts in a representative capacity. Additionally, disputes cannot be brought or consolidated with those of other individuals.
You and Cheryl’s Care agree that any dispute, claim, or controversy between you and Cheryl’s Care arising in connection with or relating in any way to these Terms and Conditions or to your relationship with Cheryl’s Care as a user of our services/products will be determined by mandatory binding individual (not class) arbitration. You and Cheryl’s Care agree that the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
Exceptions: Notwithstanding the above, you and Cheryl’s Care both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (a) bring an individual action in small claims court, (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (c) seek injunctive relief in a court of law, or (d) to file suit in a court of law to address intellectual property infringement claims.
Opt-Out: If you do not wish to be bound by this arbitration and class action waiver provision, you must notify Cheryl’s Care in writing within 30 days of the date that you first accept these Terms and Conditions (unless a longer period is required by applicable law). Your written notification must be mailed to 1971 ne 186th dr NMB FL 33179 and must include: (a) your name, (b) your address, (c) a clear statement that you do not wish to resolve disputes with Cheryl’s Care through arbitration.
Severability: If any part of this agreement is ruled to be unenforceable, then that part shall be severed from this agreement, with the remainder of the agreement remaining in full force and effect.