Terms & Conditions
Thank you for visiting the Savanna Health website located at www.SavannaHealth.com (the "Site")
The Site is an Internet property of Savanna Health, LLC ("Company," "we" or "us"). You agree to the following Terms and Conditions ("Terms and Conditions"), in their entirety, when you:
- (a) Access or use our Site,
- (b) Purchase products on the Site, and/or
- (c) Register as a subscriber ("Subscriber") on the Site.
ALL PRODUCTS AND/OR SERVICES THAT WE OFFER ARE FOR PERSONAL USE ONLY. YOU ARE NOT AUTHORIZED TO MARKET AND/OR RESELL ANY SAVANNA HEALTH PRODUCTS TO ANY THIRD PARTY. SUBSCRIBING TO RECEIVE PRODUCT ON A MONTHLY SUBSCRIPTION BASIS DOES NOT CONSTITUTE A LICENSE FOR RESALE OF THE PRODUCT AND DOES NOT GIVE THE SUBSCRIBER ANY PRODUCT RIGHTS OTHER THAN PERSONAL USE. PLEASE BE ADVISED THAT THE COMPANY IS NOT ENGAGED IN RENDERING BUSINESS-RELATED, INCOME-RELATED OR EMPLOYMENT-RELATED ADVICE AND NOTHING WE DO AND NO ELEMENT OF THE SITE SHOULD BE CONSTRUED AS SUCH.
FDA DISCLAIMER: THE STATEMENTS MADE ON SAVANNA HEALTH'S WEBSITES IN REGARD TO ITS PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. SAVANNA HEALTH'S PRODUCTS ARE NOT INTENDED TO DIAGNOSE, PREVENT, TREAT, OR CURE ANY DISEASE.
1. Scope of Agreement
These Terms and Conditions supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms and Conditions, as amended. We may amend these Terms and Conditions from time to time in our sole discretion, without specific notice to you; provided, however, that:
- (a) Any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution collectively "Dispute Resolution Provisions" shall not apply to any disputes incurred prior to the applicable amendment or modification; and
- (b) Any amendment or modification to pricing and/or billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
The most current Terms and Conditions will be posted on the Site, and you should review the Terms and Conditions prior to using the Site. By your continued use of the Site you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms and Conditions effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or billing provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes.
2. Legal Age Requirements
The Site is available only to individuals that can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Site.
3. Description of Subscriber Product/Services (Recurring Billing and Shipments)
Subject to the terms and conditions of these Terms and Conditions, by registering on the Site, and receiving approval from Company, you can:
- (a) Set up the purchase of products on a monthly recurring basis;
- (b) Access and utilize the interactive features of the Site that are designed to facilitate interaction between you and our support staff.
As a Subscriber you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees.
If you would like to change the time of month that you would like recurring shipments to arrive at your designated location, you must contact Customer Service at (855) 484-7777. Email change requests are not accepted.
4. Terms of Offer
In purchasing the product(s) you agree to the following terms and conditions when placing an order on the Site, and any Savanna Health website. By placing your order at any time you will be shipped the ordered amount of Sleep Aid by SavannaTM, normally within 72 hours. There are two types of product purchases that can be initiated on the sites:
- (a) You may choose to purchase one or more bottles of the product on a one-time basis at the Company's suggested retail price (MSRP) plus applicable shipping and handling charges; or
- (b) You may choose to become a Subscriber and receive one or more bottles of the product every 30 days at a discount price (plus shipping and handling charges, if applicable) until you cancel your Subscriber status.
Orders are by prepayment only, using a valid credit or debit card, as indicated on the Checkout Page. The types of cards accepted for online orders may change from time to time without notice at the sole discretion of Company.
5. Shipping and Delivery
Products are shipped via the US Postal Service, small package rate, 1st Class. Expect your product to ship within 72 hours of your purchase date and to receive your product within 10 days from your purchase date.
- (a) If you have not received you product after 10 days from the date of your original order or monthly subscription date anniversary, please contact Customer Service at (855) 484-7777 or by email at firstname.lastname@example.org.
- (b) If you are a Subscriber, you will automatically be shipped subsequent product shipments (based on credit or debit card approval at the time) approximately every 30 days.
- (c) Subscriber shipments will be initiated on or about the day of the month you originally subscribed. To change your recurring delivery date, see Section 3 above.
6. Subscriber Registration/Recurring Billing
To set up recurring billing and shipment (in some venues called "Autoship") you must submit your registration to the Company at the time of the initial recurring billing order, including, without limitation:
- (a) Full name;
- (b) Email address;
- (c) Telephone number (the number associated with your credit card account);
- (d) Home address;
- (e) Credit card number and associated information; and
- (f) Any and all other information requested on the applicable registration form (collectively, "Registration Data").
You agree to provide true, accurate, current and complete Registration. Company will verify and approve all registrants in accordance with our standard verification procedures. Once you have submitted your Registration Data on the Site, we will review the submission and send a confirmation e-mail to you in regard to your initial order. Any and all changes to the Subscriber Registration listed above including credit card information such as, but not limited to, credit card numbers, expiration dates, and security codes may only be made by calling Customer Service at (855) 484-7777. Please do not send Subscriber updates by email.
7. Refund Policy / Money Back Guarantee / Returns Policy
If after using the product you feel Sleep Aid is not for you, you may request a full refund for that purchase (individual, special offers, or Subscriber orders) within the first ten (10) days from the receipt of product by calling Customer Service at (855) 484-7777, at the phone number found on the checkout page, in the confirmation email for your order, or on the Sleep Aid bottle. You will receive a full refund of any and all fees and you will not be charged for any subsequent fees. If you have become a Subscriber, your Subscriber account will be canceled at the time your request for the refund is processed.
In order to receive a refund, it is not necessary for you to return the product to Savanna Health. However, if you believe there may be some abnormality with the product that you think the Company should investigate, you may return the product to the address at the end of this Terms and Conditions document, postage prepaid by you, the purchaser.
8. Cancellation of Subscriber Account.
If you have opened a Subscriber account, in order to avoid additional charges for products you have ordered to be delivered on a monthly basis (wherein we send you a new 30 day supply each and every month until you cancel your Subscription for Sleep Aid, with the locked-in price of $29.95 per bottle – free shipping and handling), you must cancel your subscription by calling Customer Service at (855) 484-7777. You understand and agree that cancellation of your Subscriber account is your sole right and remedy with respect to any dispute with Company. Upon any termination and/or cancellation of your Subscriber account, your license grant, as set forth in Section 9, shall immediately terminate. Email cancellations are not accepted.
9. License Grant
As a Subscriber, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. In no way may the license grant be construed as a license to market or resell Company products. Company may terminate this license at any time, for any reason. You may use the Site and associated content, on one computer for your own personal, non-commercial use. No part of the Site or associated content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof. Company reserves any rights not explicitly granted in these Terms and Conditions. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site and associated content is not transferable.
10. Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.
11. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
12. User Information
You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective Subscribers, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorney's fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Subscriber Registration, and/or the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and affiliates, and each of their respective Subscribers, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. Disclaimer of Warranties
THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL BE ACCURATE OR RELIABLE. THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
FDA DISCLAIMER:THE STATEMENTS MADE ON SAVANNA HEALTH'S WEBSITES IN REGARD TO ITS PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. SAVANNA HEALTH'S PRODUCTS ARE NOT INTENDED TO DIAGNOSE, PREVENT, TREAT, OR CURE ANY DISEASE.
15. Limitation of Liability
PLEASE NOTE THAT SAVANNA HEALTH'S PRODUCTS ARE NOT INTENDED TO DIAGNOSE, PREVENT, TREAT, OR CURE ANY DISEASE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE PRODUCTS or the SITE AS WELL AS ANY ADVICE CONTAINED THEREIN, OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE PRODUCTS PURCHASED THROUGH THE SITE. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 15. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
16. Third Party Websites
The Site may provide links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom.
17. Legal Warning
Any attempt by any individual, whether or not a Subscriber, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in Alpine, Utah and shall be governed by and construed in accordance with the laws of the State of Utah (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Salt Lake City, Utah in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, Subscribers, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the products or the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of these Terms and Conditions.
20. Customer Service
If you have any questions, please contact us at (855) 484-7777; or email us at email@example.com.
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Savanna Health, LLC is a wholly owned subsidiary of Savanna, LLC 175 W. Canyon Crest Road, Suite 303, Alpine, UT 84004