These Terms of Service and Use (“TOS” or “Terms”), which are updated and amended from time to time, govern any and all activity relating to or in any way arising out of your use of any of the following websites(collectively, the “Sites”), including your purchase and use of any and all products that Rise-N-Shine, LLC (“Rise-N-Shine”) makes available for sale through the Sites: RISE-N-SHINE.COM and WAKEUPONTIME.COM.
PLEASE READ THESE TERMS CAREFULLY. THEY FORM A BINDING CONTRACT BETWEEN YOU AND RISE-N-SHINE AND THEREFORE WILL AFFECT YOUR RIGHTS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITES AND DO NOT PURCHASE RISE-N-SHINE PRODUCTS.
NOTICE OF MANDATORY DISPUTE RESOLUTION PROCEDURE AND AGREEMENT TO ARBITRATE: THESE TERMS CONTAIN A MANDATORY DISPUTE RESOLUTION PROCEDURE THAT INCLUDES A MANDATORY ARBITRATION PROVISION. IN THE ARBITRATION PROVISION, YOU AGREE TO SUBMIT ANY AND ALL DISPUTES YOU HAVE AGAINST RISE-N-SHINE THAT ARISES OUT OF OR IN ANY WAY RELATES TO THE SITES, YOUR PURCHASE OF RISE-N-SHINE PRODUCTS OR YOUR USE OF THE SITES. THIS MEANS THAT YOU AGREE TO GIVE UP YOUR RIGHT TO SUE RISE-N-SHINE IN COURT AND YOU FURTHER AGREE TO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST RISE-N-SHINE, DO NOT USE THE SITES AND DO NOT PURCHASE PRODUCTS THROUGH THE SITES.
YOU MUST BE 18 YEARS OF AGE OR OLDER (OR HAVE REACHED THE AGE OF MAJORITY WHERE YOU LIVE) TO USE THE SITES. BY ACCESSING AND USING THE SITES, INCLUDING PURCHASING ANY PRODUCTS THROUGH ANY OF THE SITES, YOU ACKNOWLEDGE THAT YOU ARE OVER THE AGE OF 18 AND ARE LEGALLY CAPABLE OF ENTERING INTO CONTRACTS AND LEGALLY ENTITLED TO USE THE INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THE SITES.
RISE-N-SHINE CAN AND MAY MODIFY, CHANGE AND/OR REVISE THESE TERMS AT ANY TIME. THE MOST RECENT VERSION OF THE TERMS WILL BE POSTED ON : RISE-N-SHINE.COM, GOAWAYGRAY.COM, WAKEUPONTIME.COM, UNDER THE “TERMS OF SERVICE” TAB. REVISED TERMS WILL APPLY TO ALL PURCHASES MADE AFTER THEY ON AN AUTO-SHIP PROGRAMARE POSTED, INCLUDING AUTO-SHIP PRODUCTS. IF YOU ARE RECEIVING PRODUCTS, YOU AGREE TO REVIEW AND BE BOUND BY THE VERSION OF THE TERMS IN EFFECT WHEN YOUR CREDIT CARD IS CHARGED.
Table of Contents
1. The Sites and Products: No Medical Advice or Efficacy Guarantee.
The information contained on the Sites is informational only. Weights, measurements and product descriptions provided on the Sites are not guarantees of any kind and instead are approximate and are provided solely for convenience. By providing product descriptions and information, including but not limited to ingredient lists, Rise-N-Shine does not intend to and is not providing medical or health advice and nothing contained on the Sites is intended to replace, alter or supplement the advice of licensed physicians or other health care professionals. Similarly, Rise-N-Shine does not guarantee the efficacy of any product offered for sale through the Sites and none of its products are intended to replace or supplement any medication, product or service that has been recommended or prescribed to you by a physician or other health care professional. NEITHER RISE-N-SHINE NOR THE SITES PROVIDE MEDICAL ADVICE. INFORMATION CONTAINED ON THE SITES OR PROVIDED TO YOU IN RESPONSE TO AN INQUIRY REGARDING A PRODUCT IS NOT, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE. IF YOU REQUIRE MEDICAL ADVICE, PLEASE CONSULT WITH A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
2. Accuracy of Information on the Sites.
While we make every effort to make sure that the information contained on the Sites is current, accurate and complete, mistakes sometimes happen. Rise-N-Shine therefore makes no representation, warranty or guarantee regarding the accuracy of any information contained on the Sites, including but not limited to product attributes, descriptions, availability and/or pricing. Rise-N-Shine may change product prices and availability at any time, with or without notice. Rise-N-Shine may change or alter product ingredients or ingredient ratios at any time. Consumers will be notified of ingredient or ratio changes at or before their credit card is charged. Auto-ship customers will be notified of ingredient or ratio changes before their credit card is charged for the next purchase.
3. Product Availability, Customer Verification and Refusal to Ship.
Rise-N-Shine may cancel or refuse to fulfill any order at any time for any reason whatsoever subject only to its refund policy which is set forth below in paragraph 9. Rise-N-Shine typically confirms orders by email. However, email confirmation does not guarantee that a product is available or that it will be shipped as ordered or at all. Rise-N-Shine expressly reserves the right to cancel, modify, limit or refuse any order at any time without notice but subject to refund if payment has been made.
Catalase Extreme, Catalase Extreme Shampoo, Catalase Extreme Conditioner, Wake Up On Time, Hair U-Grow, Hair U-Grow Shampoo, Hair U-Grow Conditioner, Wrinkle Remedy, Immune Shield, Blemish Blocker, Stay Up All Day, RejuvaJoint, Reminder, Light’n Up, Royal Flush, Sleep Tight All Night, Get Healthy, Stress Free, Menopause Chill Pills, RISE-N-SHINE.COM, colormyGRAY.COM, WAKEUPONTIME.COM,and other marks, including but not limited to software, graphics, images, buttons, text, script and service names, are trademarks (registered and unregistered) and trade dress of Rise-N-Shine. None of this material may be copied or reproduced in any way except with Rise-N-Shine’s express written consent and nothing contained on the Sites should be construed as granting any license or right to use any trade mark without the prior written permission of Rise-N-Shine.
5. Copyright/Trademark Infringement and Take Down Notice and Procedures.
Rise-N-Shine respects the intellectual property of others and will promptly remove materials from the Sites in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. If you believe that your protected work has been copied in a way that constitutes copyright infringement, please use the procedure set forth below to notify Rise-N-Shine. NOTE that only the copyright holder or his, her or its agent may submit a take-down request pursuant to this paragraph.
Send the following:
Rise-N-Shine welcomes customer comments and product reviews on the Sites. You are solely responsible for any content that you upload to the Sites and Rise-N-Shine does not endorse, review, edit or approve your content or content posted by other users. Rise-N-Shine reserves the right to remove any material submitted or posted by you on the Sites, without notice to you, for any reason or for no reason at all. In posting to the public areas, you agree that you will not engage in any of the following:
This list is not intended to be exhaustive.
7. Linking to the Sites.
You may not create or maintain any link from any third party site to any of the Sites without the express written consent of Rise-N-Shine.
8. Third Party Content.
At times, the Sites may contain hyperlinks to outside websites, stores, products, services, or other items. The Sites may also display content, material, or information that is not supplied by or does not originate with Rise-N-Shine. Please take notice that Rise-N-Shine does not and cannot control this third party content, nor can Rise-N-Shine influence these third party sites to any degree. Rise-N-Shine does not endorse, guarantee or warrant any of the content, resources, or advertising that may be found on any third party sites.
By accessing the Sites, you understand and agree that Rise-N-Shine is not liable to you for any of the interactions and dealings you may have with such third party sites or third party content. Instead, your use of any third party sites and/or content is governed by the terms set out by those third parties and you should familiarize yourself with them before using any services or purchasing any products provided by them. This is true even if your interaction with such third parties was first established through the Sites. In particular, your business communications and transactions with such third parties are between you and them only, with no involvement of Rise-N-Shine whatsoever, including but not limited to, the purchase, payment, and delivery of products or services, and any terms, representations, or warranties that may be attendant to such business dealings.
You acknowledge that Rise-N-Shine cannot guarantee, represent or warrant the availability of any third party product or content on the Sites. You further understand and agree that Rise-N-Shine is not accountable for any damage, loss, or injury that may result from your use of third party sites.
9. Refund Policy.
Rise-N-Shine strives to ensure that all customers are satisfied with purchases made through the Sites. Rise-N-Shine therefore offers a 30-day, no-questions-asked refund policy for all purchases(including gift certificates) made through the Sites. However, certain Rise-N-Shine products are subject to a longer refund period as follows:
Catalase Extreme Products - 60 days.
In addition, we encourage you to contact us at any time if you are unhappy with any product that you purchased through the Sites, even after the 30-day refund period (or other applicable refund period) has expired. Rise-N-Shine is committed to customer satisfaction and will consider all refund requests regardless of purchase date. Note, however, that refunds after the expiration of the applicable refund period are made in Rise-N-Shine’s sole discretion and Rise-N-Shine may require you to return unused product (at your expense) as a condition of refund issued after the expiration of the applicable refund period. You may contact us through our telephone number (1-973-729-4141), or the “Contact Us” area of our website (https://www.wakeupontime.com/contact-us).
10. DISCLAIMER OF ALL EXPRESS AND IMPLIED WARRANTIES.
ALL PRODUCTS CONTAINED ON THE SITES, AS WELL AS ALL CONTENT DISPLAYED ON THE SITES, IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. RISE-N-SHINE, TOGETHER WITH ITS OFFICERS, EMPLOYEES, AGENTS, AND ANY OTHER AFFILIATES, DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BOTH EXPRESS AND IMPLIED WARRANTIES, TO THE MAXIMUM EXTENT ALLOWED BY LAW. WHILE NOT LIMITED TO THE FOLLOWING, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. SIMILARLY, RISE-N-SHINE DOES NOT WARRANT THAT THE PERFORMANCE, QUALITY, OR FUNCTIONALITY OF THE PRODUCTS PURCHASED ON THE SITES WILL MATCH YOUR PRE-PURCHASE EXPECTATIONS. RISE-N-SHINE DISCLAIMS ALL LIABILITY RELATING TO OR ARISING OUT OF PRODUCT ABUSE OR MISUSE, PRODUCT FAILURE OR DEFECT, OR PRODUCT ALTERATION. NO ORAL OR WRITTEN COMMUNICATIONS BETWEEN YOU AND RISE-N-SHINE, OR ANY OF ITS REPRESENTATIVES, WILL GIVE RISE TO ANY TYPE OF WARRANTY THAT IS NOT EXPRESSLY RECOGNIZED IN THESE TERMS.
YOUR USE OF THE SITES OR USE OF ANY OF THE PRODUCTS SOLD ON THE SITES IS DONE AT YOUR OWN AND COMPLETE RISK. RISE-N-SHINE IN NO WAY WARRANTS THAT YOUR USE OF THE SITES WILL BE LAWFUL, SECURE, OR UNINTERRUPTED. WHILE RISE-N-SHINE MAKES EFFORTS TO MAINTAIN THE INTEGRITY OF THE SITES, THERE IS NO GUARANTEE THAT THE SITES WILL BE ERROR-FREE OR CORRECT, OR THAT DEFECTS WILL BE CURED. LIKEWISE, RISE-N-SHINE DOES NOT WARRANT THAT ANY MATERIAL OR REPRESENTATIONS DISPLAYED ON THE SITES IS COMPLETE, RELIABLE, OR VALUABLE.
RISE-N-SHINE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, OR ANY DAMAGE TO ANY COMPUTER SYSTEM/TECHNOLOGICAL DEVICE THAT MAY BE INCURRED BY ACCESSING OR USING THE SITES. WE CANNOT ENSURE THAT THE SITES THEMSELVES, OR THE SERVERS THAT HOST THE SITES, ARE FREE OF VIRUSES, OR ANY OTHER HARMFUL MECHANISMS. SOME PARTS OF THE SITES MAY CONTAIN CONTENT, STATEMENTS, JUDGMENTS, OR ADVICE FROM THIRD PARTIES OR USERS; RISE-N-SHINE IS NOT LIABLE FOR ANY INJURY, DAMAGE, LOSS, OR CLAIM THAT MAY BE SUSTAINED FROM THESE OUTSIDE REPRESENTATIONS. AT ALL TIMES, WHEN ASSESSING THE TRUSTWORTHINESS OF ANY INFORMATION ORIGINATING FROM THIRD PARTIES, YOU SHOULD USE DISCRETION.
11. LIMITATION OF LIABLITY.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT RISE-N-SHINE, ITS OFFICERS, EMPLOYEES, AGENTS, AND OTHER AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY KIND OF LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, ECONOMIC, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR LOSSES. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WHETHER THE LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, DERIVES FROM, OR RELATES TO, THE CONSUMPTION OR USE OF RISE-N-SHINE PRODUCTS, ACTIVITY ON THE SITES, PERFORMANCE OR ACCESSIBILITY OF THE SITES, THIRD PARTY CONTENT ON THE SITES, POTENTIAL INVESTIGATIVE ACTIONS BY LAW ENFORCEMENT CONCERNING YOUR ACTIVITY ON THE SITES, ACTIONS ASSOCIATED WITH INTELLECTUAL PROPERTY OR COPYRIGHT OWNERS, COMPLICATIONS WITH COMPUTER SYSTEMS/TECHNOLOGICAL DEVICES USED TO CONNECT TO THE SITES, SUSPECTED UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, OR ANY OTHER PROBLEM(S) INVOLVING RISE-N-SHINE PRODUCTS OR SITES. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES LIABILITY EXCLUSIONS, THE AFOREMENTIONED EXCLUSION ABOUT CONSEQUENTIAL OR INCIDENTAL DAMAGES DOES NOT APPLY TO YOU.
YOU AGREE AND UNDERSTAND THAT YOUR REMEDY UNDER THIS AGREEMENT, IF ANY, IS LIMITED ON A PURCHASE-BY-PURCHASE BASIS AND IS FURTHER LIMITED TO THE AMOUNT YOU PAID FOR THE SINGLE PURCHASE IN QUESTION. MORE SPECIFICALLY, YOU FULLY AGREE AND ACKNOWLEDGE THAT RISE-N-SHINE IS IN NO EVENT RESPONSIBLE TO YOU FOR ANY DAMAGE, INJURY, LOSS, OR CLAIM ARISING OUT OF A TORT, WARRANTY, CONTRACT, OR OTHER LEGAL THEORY IN EXCESS OF THE AMOUNT YOU PAID FOR PRODUCT. BY ACCESSING THE SITES, YOU AGREE THAT YOU ARE WAIVING RIGHTS TO CLAIMS THAT MIGHT BE CURRENTLY UNIDENTIFIABLE AND/OR UNPREDICTABLE.
You agree to discharge, indemnify, release, defend, and hold harmless Rise-N-Shine, and all of its officers, employees, agents, and other affiliates, from all expenses (including reasonable legal fees), claims, demands, damages, liabilities, and losses, which directly or indirectly arise from third party claims involving: (a) your violation or anticipatory violation of any of the Terms set forth herein, (b) your use of, or activity on, the Sites, (c) your generation of User Content on the Sites, (d) your dealings with other Users on the Sites, (e) your transmission of information through your computer or other technological devises that may violate the trademark, patent, copyright, or other rights held by third parties, (f) your representations or misrepresentations which may be posted on the Sites, and (g) your violation of any law, statute, code, regulation, or governmental or quasi-governmental order in connection to activity on the Sites. Rise-N-Shine additionally maintains the right to undertake the control and exclusive defense of any matter that would otherwise be subject to indemnification by you. This indemnity provision survives the life of these Terms.
13. DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER.
Rise-N-Shine believes that most disputes can be resolved informally and expeditiously. Therefore, you agree that any and all disputes that may arise between you and Rise-N-Shine, whether in the form of a claim, controversy, concern, or other (hereinafter, collectively “claim”), will be initiated with Rise-N-Shine in the first instance as described below in subsection (a). Similarly, Rise-N-Shine will utilize this dispute resolution procedure to initiate any claim against you. If a claim cannot be resolved as described below in subsection (a), you and Rise-N-Shine agree to submit any claim to a binding arbitration process as described below in subsection (b). THIS TWO-STEP DISPUTE RESOLUTION SYSTEM, WHEREBY CLAIMS ARE FIRST DEALT WITH INTERNALLY AND THEN SECONDARILY THROUGH THE PROCESS OF BINDING ARBITRATION, IS MANDATORY. IF YOU DO NOT AGREE TO THIS DISPUTE RESOLUTION PROCESS, DO NOT PURCHASE OUR PRODUCTS OR USE OUR SITES. PLEASE READ BELOW CAREFULLY.
(a)Rise-N-Shine Internal Dispute Resolution Process
To initiate the Rise-N-Shine internal dispute resolution process, you must first submit a claim to Rise-N-Shine via our website’s “Contact Us” area (https://www.wakeupontime.com/contact-us). Please be sure to include your contact information, a description of the nature of your claim, and the relief that you are requesting. You agree that Rise-N-Shine will have 30 days from its receipt of your claim to work with you to resolve the claim.
(b) Mandatory Binding Arbitration
If we cannot reach a resolution within the 30-day period following receipt of your written complaint, you and Rise-N-Shine agree that any continuing dispute, claim or controversy arising out of or relating to your use of the Sites and/or your purchase of any Rise-N-Shine products will be settled by binding arbitration. This final and conclusive process will govern any and all types of claims, including claims involving the validity and enforceability of this arbitration provision. The only claims excepted from arbitration are requests for injunctive relief relating to claims of Intellectual Property infringement. Please be advised that by agreeing to binding arbitration, you are also agreeing to waive your right to a jury trial and your right to have your claim heard in a court. You are further waiving your right to participate in any purported class action proceeding, whether in the capacity of a class member or as a named plaintiff. IN ADDITION, THE PROCESS OF BINDING ARBITRATION THAT YOU WILL PARTICIPATE IN WILL ONLY ADDRESS YOUR INDIVIDUAL CLAIM; THE ARBITRATOR WILL IN NO WAY BE PERMITTED TO CONSOLIDATE CLAIMS INTO A CLASS-WIDE ARBITRATION, NOR WILL THE ARBITRATOR BE ALLOWED TO UTILIZE ANY CLASS ACTION PROCEDURES IN THE ARBITRATION. IN SHORT, BY AGREEING TO THESE TERMS YOU ARE GIVING UP YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST RISE-N-SHINE.
(i) Arbitration Process, Rules and Governing Law.
The arbitration will be conducted pursuant to the Consumer Arbitration Rulesof the American Arbitration Association (“AAA”), which are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.The Federal Arbitration Act will govern the interpretation and enforcement of this agreement to arbitrate. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA’s rules (Demand for Arbitration form available at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175; separate form for California residents available at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314).
(ii) Location and Procedure.
Unless otherwise agreed to by the parties, the arbitration will be conducted in the county where you reside. If the claim does not exceed $5,000, then the arbitration will be conducted and resolved solely on the basis of documents submitted by the parties to the arbitrator. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA rules. If a hearing is requested and granted, it can take place in person or on the phone at your option as the arbitrator allows.
(iii) Arbitrator’s Decision.
The arbitrator's decision will be based on fairness and applicable law. The arbitrator will render an award within the time frame specified in the AAA rules and will include the pertinent findings and conclusions upon which the arbitrator based the award. The arbitrator’s award of damages must be consistent with the terms outlined in the above "Limitation of Liability" section as to the limited types and amounts of damages for which Rise-N-Shine may be liable.
(iv) Fees and Costs.
Each party will bear its own fees and costs for the arbitration process. If you prevail, Rise-N-Shine will reimburse your reasonably incurred costs and expenses associated with the arbitration process.
(a) Entire Agreement.
These Terms constitute a fully integrated document and reflects the sole and complete agreement between you and Rise-N-Shinerelating to and arising out of your use of the Sites, including the purchase of products. Neither you nor Rise-N-Shine shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated, these Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Rise-N-Shine in respect of your use of the Sites. These Terms can be amended only by Rise-N-Shine in writing and amendments are effective immediately upon posting on the Sites. No conduct of or communication between the parties will constitute an amendment to these Terms.
(b)Modification of Terms.
Rise-N-Shine may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Sites from time to time, you shall become bound to the current version of the relevant Terms (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
No indulgence or extension of time which either you or Rise-N-Shine may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction and only to the extent that it is so unenforceable, be severed from these Terms and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. EXCEPTION: the class action waiver contained in paragraph 13 is not severable from the arbitration provision and if the arbitrator finds it unenforceable under applicable law, the arbitration agreement in its entirety will be voided.
(e) Choice of law.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any principles of conflict of law. Any dispute that is not subject to the mandatory arbitration provision shall be venued in a state or federal court located in Sussex County, New Jersey.
(f) Comments or Questions.
If you have any questions, comments or concerns arising from these Terms, the Sites, our products, the way in which we are handling your personal information, orany other relevant terms and conditions, please contact us using the contact information provided above.