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Terms of Service

CMWLDirect TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users (“You”, “Your”) of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If You do not agree to these terms and conditions, please do not use this Website.

Copyright
The entire content included in this Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CMWLDirect, affiliated with parent company Be-Thin Inc. (d/b/a CMWL). The collective work includes works that are licensed to CMWLDirect. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CMWLDirect. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for Your own non-commercial use, or to place an order with CMWLDirect or to purchase CMWLDirect products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CMWLDirect. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of CMWL and CMWLDirect used in the site are trademarks or registered trademarks of Be-Thin Inc. All of our the ingredients in CMWL products are developed and manufactured by third parties. The ingredients are packaged and shipped by CMWL product supplier partners.

Warranty Disclaimer & Health Food Certifications
For any error in shipping or if products received are different from what was ordered CMWLDirect, will send out correct order within 5 business days. We do not hold a "certified organic", "certified kosher", or "certified gluten free" accreditation. Please read ingredients carefully before consumption. 

Limitation of Liability
CMWLDirect will offer to send out a new order for any product that is proven to be damaged or does not meet the requirements outlined in the product detail. For any refund request on open containers please contact us using the form on this site or send an email request to pondusdirect@cmwl.com.

Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, CMWLDirect reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CMWLDirect reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, CMWLDirect shall issue a credit to Your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon Your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CMWLDirect without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
CMWLDirect may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CMWLDirect.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York State. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CMWL products on this Website) shall be in the state or federal courts located in New York State. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CMWL products) must be commenced within one (1) year after the claim or cause of action arises. CMWLDirect’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CMWLDirect may assign its rights and duties under this Agreement to any party at any time without notice to You.

Use of Website
This Website is available for the sole purpose of purchasing CMWL products. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CMWLDirect, CMWL, or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
CMWLDirect is made available to former patients following the CMWL program at a center at which the program is no longer available or to active patients of participating CMWL centers, but only with the center’s explicit permission. CMWLDirect reserves the right at its sole discretion to allow or block purchase of products on the Website for any individual.

The decision to use CMWL meal replacement products is an individual choice and does not constitute a weight loss plan in and of itself. Furthermore, by sending the products to You, You acknowledge that CMWLDirect or CMWL is not providing You with any kind of medical advice nor prescribing to You how these products should be used. You understand You are using the products at Your own risk and do not hold CMWLDirect or CMWL liable.

Currently products purchased at this time are available only in bulk quantities. Except where indicated, individual sale items are not available.

If a new participating CMWL center opens within 50 miles of Your area, You understand that CMWLDirect shipment services may be discontinued, depending on the center location.

User Content
In the event that CMWLDirect enables submission of user-generated content, CMWLDirect does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CMWLDirect is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CMWLDirect reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kissed by the Sun Spice Spices in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless CMWLDirect and CMWL, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by You or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, CMWLDirect may link to sites operated by third parties. However, even if the third party is affiliated with CMWLDirect, CMWLDirect has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CMWLDirect. These linked sites are only for Your convenience and therefore you access them at Your own risk. Nonetheless, CMWLDirect seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Last updated: April 13, 2020