Terms of Service and
Terms & Conditions of Sale
Date of last revision: May 17, 2018
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE AND TERMS & CONDITIONS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER WWW.BETTERINBED.TV (“Website”). THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (see Section 10) AND LIMITATIONS OF LIABILITIES (see Section 11). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This website is operated by Lion Heart Intelligent Solutions Ltd., located at Vice Chancellors Lodge, Grosvenor Road, Leeds, LS6 2DZ, Email: support [at] thenewalpha [dot] com. Lion Heart offers this website, including all information, tools, services, and products available on this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 12 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 12 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
Lion Heart reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.betterinbed.tv/terms-of-use/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
Order Placement and Acceptance
SUBSCRIPTION ORDER TERMS AND CANCELLATION
Accuracy of Billing and Account Information
Products and Prices Available on the Website
NO MEDICAL DIAGNOSIS OR TREATMENT
DISCLAIMERS OF WARRANTIES
LIMITATION OF LIABILITY
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Lion Heart’s Remedies
User Comments, Feedback, and Other Submissions
Communicating With Lion Heart
Your Additional Representations and Warranties
Governing Law and Venue
Changes to Terms
SECTION 1 – WEBSITE USE
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. By using the Website , you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, and that you have read this Agreement and understand and agree to its terms. If you have not reached the age of majority in your jurisdiction, we look forward to seeing you again when you do.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content and information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which services are provided, without express written permission by us. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ORDER PLACEMENT AND ACCEPTANCE
You agree that any products you purchase from Lion Heart and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.
If you order a product, payment must be received by Lion Heart before your order is accepted. Lion Heart may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, Lion Heart will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by Lion Heart.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
SECTION 5 – SUBSCRIPTION ORDER TERMS AND CANCELLATION
If you have purchased one of our products on a monthly subscription, the credit card that you provided to us in connection with your order will be billed at the time of your initial order in the amount stated on the website, and the same amount will be billed to your credit card approximately every thirty (30) days thereafter, plus applicable shipping and handling fees, until you cancel. The product you ordered on subscription will be shipped approximately every thirty (30) days until you cancel.
If you have purchased one of our products on a quarterly subscription, the credit card that you provided to us in connection with your order will be billed at the time of your initial order in the amount stated on the website, and the same amount will be billed to your credit card approximately every three (3) months thereafter, plus applicable shipping and handling fees, until you cancel. The product you ordered on subscription will be shipped approximately every three (3) months until you cancel.
To cancel a monthly or quarterly subscription, please call (917) 675-3052 or e-mail us at support [at] thenewalpha [dot] com at least three (3) business days before the next payment and shipping date.
By agreeing to purchase one of our products on subscription, you acknowledge and agree that Lion Heart will not obtain additional authorization from you for each future installment of the subscription payment that will be charged to the payment card you provided initially. In addition, you do not hold Lion Heart responsible for any overdraft charges or fees which you might incur during the ongoing subscription. Again, to cancel, please call the number or email the address set forth immediately above at least three (3) business days before the next payment and shipping date.
Lion Heart may, in its sole discretion, terminate your subscription at any time without notice to you. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and you must promptly update all information with Lion Heart to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Lion Heart if your credit card or alternate method of payment is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a Lion Heart customer service representative at (917) 675-3052 or e-mailing us at support [at] thenewalpha [dot] com
SECTION 6 – SHIPPING
For our digital trainings – including eBooks, Audio Courses and Videos Courses – you’ll be able to download them as soon as your payment has been accepted. You can then read/listen/view these digital programs on most modern devices – including PC/Desktop, Laptop, Tablet and Smart Phone.
For our shippable products – including SuperFoods and SuperHerbs – we aim to ship in the following timeframes:
Orders placed from within the UK should take 1-3 working days
Orders placed from within Mainland Europe should take 3-10 working days
Orders placed from the USA and Canada should take 7-21 working days
Orders placed from anywhere else should take 14-28 working days
If you have any questions about your order, please email us: support [at] thenewalpha [dot] com.
Alternatively, you can call our Friendly, Native English Speaking Support Team on:
US: (917) 675-3052
UK: 01933 221 738
Intl: +44 1933 221 738
Unless otherwise stated on the Website at the time of purchase, Lion Heart reserves the right to add applicable shipping and handling fees to your order. Unless otherwise stated, Lion Heart will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Although Lion Heart may provide delivery or shipment timeframes or dates, such as those above, such dates are good-faith estimates and are subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery. If your order will be delayed, Lion Heart will contact you at the e-mail or street address you provided when placing your order. If Lion Heart is unable to contact you or you would like to cancel your order, Lion Heart will cancel the order and refund the full amount charged. Lion Heart shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by Lion Heart. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. Lion Heart reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Lion Heart, or for any other reason that we, in our sole discretion, believe appropriate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
It is important to note that we continue to see an increase in fraudulent transactions over the internet. Unfortunately, much of this fraud is perpetrated by customers who have legitimately purchased products, but later deny having done so to their credit card companies. Please keep in mind that this practice is illegal and may be punishable by imprisonment and/or fines. We reserve the right to fully investigate all claims of credit card fraud which may include asking you to sign an affidavit. In addition, if you perpetrate such fraudulent activity, your credit card may be “black listed” by your credit card company, payment processors, and/or retailers, and may be unable to be used for any internet purchases. If you are not satisfied with our Lion Heart product, simply ask for a refund under our Returns Policy or call us so that we can help you resolve any issues or concerns.
SECTION 8 – RETURNS POLICY
We are not responsible for lost or stolen items, nor items damaged during shipment or damaged by you. You may return items in accordance with the Returns Policy posted on this Website. If you are uncertain about your right to return the product, you may also contact a customer care professional at +1 (917) 675-3052 any day between the hours of 4:00 AM to 12:00 PM EST to get detailed information. Lion Heart will refund your payment when the product you ordered is timely returned in accordance with the terms set forth in the Returns Policy. Please allow at least thirty (30) days to complete the refund process if your order was placed from within the UK, mainland EU, US, or Canada. Refunds for other international orders may take longer.
SECTION 9 – PRODUCTS AND PRICES AVAILABLE ON THE WEBSITE
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. Lion Heart reserves the right, without notice, to discontinue products or modify specifications and prices on products without incurring any obligation to you. Lion Heart takes reasonable steps in an effort to insure that the prices set forth on the Website are correct, and to accurately describe and display the items and images of our products that are available on the Website. However, we cannot guarantee that your computer monitor’s display or your mobile device’s display of any item or products will be accurate.
When ordering products, please note that Lion Heart does not warrant that product descriptions are accurate, complete, current, or error-free. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time or to modify or discontinue service over the Website. You agree that it is your responsibility to monitor changes to our Website. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of access to the Website. Lion Heart’s descriptions of, or references to, products or services not owned by Lion Heart are not intended to imply endorsement of that product, or constitute a warranty by Lion Heart unless expressly stated on the Website.
SECTION 10 – NO MEDICAL DIAGNOSIS OR TREATMENT
LION HEART is committed to HELPING you IMPROVE YOUR health, energy level, and vitality. You understand, however, that our Products have not been evaluated by MEDICAL PROFESSIONALS, and Our Products AND the information on the Website are not intended to diagnose, treat, cure or prevent any HEALTH DISORDERS, health problems, illnesses, or disease, INCLUDING, BUT NOT LIMITED TO, BLOOD CIRCULATION DISORDERS, erectile dysfunction, SEXUALLY-TRANSMITTED DISEASES, heart disease, breathing disorders, OR any DISORDERS, ILLNESSES, OR DISEASES CAUSED, IN WHOLE OR IN PART, BY any of the foregoing. The information on this Website or PROVIDED TO YOU in emails OR OTHER COMMUNICATIONS is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You further understand that our Products are not intended for use by persons under 18 years of age or the age of majority in their jurisdiction, and that the Products are not to be used to treat any type of medical condition, illness or disease. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, BLOOD CIRCULATION DISORDERS, erectile dysfunction, SEXUALLY-TRANSMITTED DISEASES, heart disease, or breathing disorders, and You agree that you will cease immediately from using Our Products if You experience any ill effects or unintended side effects of any Product. lion heart endeavors to provide You with accurate information about Our Products. You understand and agree that the information lion heart conveys about oUr Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities. lion heart does not warrant or represent that such information is error-free, and lion heart does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. lion heart does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who USE Our Products.
The representations and product disclaimers described above are inapplicable where prohibited by law, including in New Jersey.
SECTION 11 – DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY:
THE WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LION HEART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, durability, title, AND NON-INFRINGEMENT. We do not guarantee, represent or warrant, AND WE EXPRESSLY DISCLAIM, that your use of our WEBSITE will be uninterrupted, timely, secure or error-free. We do not warrant, AND WE EXPRESSLY DISCLAIM, that the results that may be obtained from the use of the WEBSITE will be accurate or reliable.
You agree that from time to time we may remove the WEBSITE for indefinite periods of time or cancel the PRODUCTS AND SERVICES AVAILABLE OVER IT at any time, without notice to you. You expressly agree that your use of, or inability to use, the WEBSITE is at your sole risk.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LION HEART OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SECTION 12 – LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, LION HEART IS FOUND LIABLE UNDER ANY THEORY, LION HEART’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. This limitation of liability shall apply for all CLAIMS, regardless of whether LION HEART was aware of or advised in advance of the possibility of damages or such CLAIMS. Some STATES do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You AND YOU MAY HAVE ADDITIONAL RIGHTS. Notwithstanding anything in these terms to the contrary, this limitation of liability does not apply TO CONSUMERS in New Jersey.
SECTION 13 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by Mail to Vice Chancellors Lodge, Grosvenor Road, Leeds, LS6 2DZ. Lion Heart will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Lion Heart or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.
You and Lion Heart agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in the UK unless Lion Heart otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules and the Arbitrator
We each agree that any and all Claims other than those resolved under the procedures set forth in subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “c” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.
For your convenience, Lion Heart will pay all of the filing costs for the arbitration, including the fees charged by the arbitrator. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Governing Law and Award
The arbitrator shall follow the substantive laws of Vice Chancellors Lodge Leeds GB LS6 2DZ, excluding its conflict of law provisions unless in the event that Lion Heart agrees that the substantive law of the State in which you reside may be followed and applied. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Lion Heart, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Lion Heart and shall not be modified except in writing by Lion Heart.
Lion Heart reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Lion Heart product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Lion Heart will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Lion Heart product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
You have THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN thirty (30) days from the date that you PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THIS WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO LION HEART at VICE CHANCELLORS LODGE, GROSVENOR ROAD, LEEDS, LS6 2DZ. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PUCRHASED, USED OR ATTMPETED TO USE THE PRODUCT. If more than thirty (30) days have passed, you are not eligible to opt out of THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
SECTION 14 – LION HEART’S REMEDIES
In order to prevent or limit irreparable injury to Lion Heart, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement, Lion Heart shall be entitled to seek an injunction or other equitable relief in a court of competent jurisdiction restraining such breach. Nothing in this Agreement shall be construed as prohibiting Lion Heart from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
SECTION 15 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Lion Heart and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with or related to (1) your use, misuse or inability to use the Website, (2) information you submit or transmit through the Website, (3) your breach of these Terms or the documents they incorporate by reference, or (4) your violation of any law or the rights of a third-party.
SECTION 16 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 17 – THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 18 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Lion Heart may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials represent the unique experience of the customer submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. Your results will vary depending upon your health, diet, and exercise.
If you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; or (4) to use any Comments. To the extent that we, in our sole discretion, decide to use any Comments you submit, you forever and irrevocably grant any necessary license for Lion Heart to use, publish and/or produce any part of the Comment on the Website or on or in any other media. By submitting Comments, you are confirming that you have read, understood and agree to these Terms.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 19 – COMMUNICATING WITH LION HEART
You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from Lion Heart may be monitored and recorded and you consent to such monitoring and recording.
You verify that any contact information provided to Lion Heart is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to Lion Heart and that by voluntarily providing your contact information to Lion Heart, you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of Lion Heart relating to this Agreement, any purchase or transaction with Lion Heart, your account (including debt collection), promotions regarding and advertisements for Lion Heart products, customer satisfaction surveys, and product inquiries. You agree to receipt of such communications made by or on behalf of Lion Heart even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that Lion Heart will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase with Lion Heart.
You agree to provide Lion Heart notice within 30 days of any change to your contact information by e-mailing to Lion Heart at support [at] thenewalpha [dot] com or calling (917) 675-3052.
SECTION 20 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
SECTION 21 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 22 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “COMPLETE ORDER,” ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement and/or your account or relationship with Lion Heart for all purposes, including Sections 9 through 13, 17, 20 through 21, 23 through 27, as well as any representations, warranties, and other obligations made or undertaken by you.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
SECTION 23 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with any Lion Heart company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled “COMPLETE ORDER,” ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 24 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant that you are age eighteen (18) or older, that you have read this Agreement and thoroughly understand the terms contained in this Agreement, that any products you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute or export any product that you order from the Website. You further represent that Lion Heart has the right to rely upon all information provided to Lion Heart by you, and Lion Heart may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
SECTION 25 – FORCE MAJEURE
Lion Heart shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Lion Heart’s performance.
SECTION 26 – GOVERNING LAW AND VENUE
SECTION 27 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on this Website or in respect to the Website constitutes the entire agreement and understanding between you and us and govern your use of the Website and your ordering, purchasing and use and/or attempted use of any product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 28 – CHANGES TO TERMS
You can review the most current version of the Terms any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Term or the Agreement by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes. Unless accepted by Lion Heart in writing, these Terms may not be amended by you.
SECTION 29 – CONTACT INFORMATION
Questions about the Terms should be sent to us at support [at] thenewalpha [dot] com.