Terms of service
Last updated:10/10/2023
1. Acceptance of Terms
By using the SAMU LLC website (samumanuka.com), you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the website.
2. Eligibility
To be eligible to use the SAMU LLC website, you must be at least 13 years old and have the legal capacity to enter into a binding contract. If you are under the age of 18, you must have your parent or guardian's consent to these Terms of Service prior to using the website.
3. Products and Services
SAMU LLC may offer products for purchase through the Services (“Products”). We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or Products purchased per person, per household, or per order. These restrictions may include orders placed by or under the same 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 email, billing address, and/or 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.
We accept the following bank or credit cards: Visa, MasterCard, American Express, and Discover. For your convenience, we will save your bank or credit card information.
Prices for Products are subject to change without notice. All prices for Products are in US dollars and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order. You may be charged local tax if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
All payments through the Services are processed using a third-party processor. You acknowledge that SAMU LLC is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
SAMU LLC will ship all Products purchased through the Services to the address specified in the shipping address section of the order form. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. You may have Products shipped only to addresses located within the United States and Canada. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
If you would like to receive a refund for any reason, please contact us at support@samumanuka.com. Refunds will be issued by us at our sole discretion. To request a refund or replacement, send an email with your name, order confirmation number, and reason for the request within 30 days of your first order of the product, after you receive your order. We may require proof of purchase if we can’t verify your order. If your refund is accepted, a credit will automatically be applied to your credit card or original method of payment within 7 days. If needed, we will adjust this policy as required by the laws of the state in which you live.
You may cancel your subscription to Products offered through the Service at any time. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed by SAMU LLC.
Please submit cancellation requests at least 72 hours before the subscription is scheduled to rebill.
4. Indemnification
You agree to indemnify, defend, and hold harmless SAMU LLC, and its subsidiaries, officers, directors, employees, agents, licensors, suppliers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all losses, liabilities, expenses, damages, and costs, including but not limited to, reasonable attorneys' fees, resulting from any violation of this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account, or your ability or inability to use the Site and Services, including any products purchased thereon.
5. Arbitration Agreement
Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the Site, to the sale or marketing of any products included on this Site, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement shall apply to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
Arbitration Rules and Forum: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be before a single arbitrator. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act.
Commencing Arbitration: To commence an arbitration, you must file a copy of your written arbitration demand with the AAA. If the arbitrator finds that you cannot afford to pay the fees, we will pay them for you. We will reimburse all such fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek our attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Agreement. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
Waiver of Jury Trial: YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are electing that all claims and disputes shall be resolved by arbitration.
Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. Claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user.
30-Day Right to Opt Out: You have the right to opt out of
6. Intellectual Property
All content on the SAMU LLC website is protected by copyright and trademark law. You may not copy, reproduce, distribute, or otherwise use any content on the website without the express written consent of SAMU LLC.
7. User Conduct
You agree to use the SAMU LLC website in a lawful and respectful manner. You agree not to use the website to post or transmit any defamatory, obscene, threatening, or otherwise unlawful material.
8. Disclaimer
SAMU LLC makes no representations or warranties, express or implied, as to the quality, safety, or effectiveness of its products. SAMU LLC products are not intended to diagnose, treat, cure, or prevent any disease. The information on the SAMU LLC website is not intended to replace medical advice from a qualified healthcare professional.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California.
10. Entire Agreement
These Terms of Service constitute the entire agreement between you and SAMU LLC with respect to your use of the SAMU LLC website.
11. Severability
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck from these Terms of Service, and the remaining provisions shall remain in full force and effect.
12. Waiver
No waiver of any provision of these Terms of Service shall be effective unless in writing and signed by both parties.
13. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to you:
��������YourName
�����������YourAddress
If to SAMU LLC:
SAMU LLC
192 Scale
Irvine, CA 92618
or to such other address as either party may designate in writing from time to time.
14. Headings
The headings in these Terms of Service are for convenience only and shall not affect their interpretation.
15. Counterparts
These Terms of Service may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
NOTICE REGARDING MEDICAL ADVICE.
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.