Last Updated: May 30th, 2023
The following terms and conditions govern your utilization of Circadian Wellness services, encompassing the website hosted at eons.com, Circadian Wellness-controlled social media pages (including Facebook, Instagram, and Twitter), and all associated content, features, and offerings (collectively referred to as the "Services"). By accessing or using our Services, you signify your acceptance and agreement to comply with these Terms of Service ("Terms"). It is important to read these Terms carefully.
Additionally, please note that this contract contains a mandatory arbitration provision and a waiver of class action/jury trial, which stipulates that disputes must be resolved through final and binding arbitration on an individual basis, rather than through a class-wide or consolidated manner or a jury trial.
By clicking "I Accept" or proceeding to use our Services, you acknowledge your consent to be bound by these Terms and any incorporated terms by reference. If you do not agree with these Terms in their entirety, please refrain from using our Services.
We reserve the right to modify these Terms periodically. In the event of any changes, we will provide notice, such as sending an email, displaying a notice through our Services, or updating the date at the top of these Terms. Unless otherwise specified in our notice, the amended Terms will take immediate effect, and your continued usage of our Services after the notice will signify your acceptance of the modified Terms. If you do not agree with the revised Terms, you must discontinue using our Services.
For inquiries regarding these Terms or our Services, please contact us at firstname.lastname@example.org.
To use our Services, you must be at least 18 years old. If you are below the age of 18 or have not reached the legal majority in your jurisdiction, you may only use our Services under the supervision of a parent or legal guardian who agrees to abide by these Terms. As a parent or legal guardian, you assume full responsibility for the actions or omissions of any user under the age of 18 in relation to our Services. If you use our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf, and any violations of these Terms by you or the represented person/entity will make them liable. Additionally, you must be a resident of the United States.
User Accounts and Account Security
Certain Services may require you to register an account (e.g., monthly subscriptions). If you choose to create an account, you must provide accurate account information and promptly update it if any changes occur. It is your responsibility to maintain the security of your account and notify us immediately if you suspect unauthorized access. You are liable for any activities performed by individuals using your account credentials. We reserve the right to reclaim usernames on behalf of legal claimants, including businesses or individuals with trademark rights over those usernames. Account rights may be terminated upon your death, incapacity, or unavailability.
Prohibited Conduct and Content
You agree not to engage in any unlawful activities, violate contracts or intellectual property rights, or commit tortious acts while using our Services. Specifically, you shall not:
- Engage in any harassing, threatening, predatory, or stalking behavior towards Circadian Wellness personnel.
- Unauthorized usage of another user's account without their and Circadian Wellness’ consent.
- Impersonate any individual or entity or misrepresent your affiliation with others.
- Encourage or solicit others to participate in unlawful acts.
- Submit false or misleading information.
- Upload or transmit any viruses or malicious code that could disrupt the functionality of our Services or any related websites.
- Copy, reproduce, distribute, publicly perform or display any portion of our Services without explicit permission from us or our licensors.
- Modify our Services, remove proprietary rights notices, or create derivative works without authorization.
- Use our Services in a manner that interferes with other users' enjoyment, damages the functionality of our Services, or hinders their intended purpose.
- Reverse engineer any aspect of our Services or attempt to bypass security measures.
- Employ data mining or similar methods to extract information from our Services.
- Develop or use unauthorized applications that interact with our Services.
- Send spam, unsolicited commercial communications, or engage in pyramid schemes or chain letters.
- Disregard or bypass instructions in our robots.txt file.
- Utilize our Services for illegal or unauthorized purposes, or promote any activities that violate these Terms.
Enforcement of these guidelines is at the discretion of Circadian Wellness, and failure to enforce them in specific instances does not waive our right to enforce them in other cases. Additionally, these provisions do not grant any third party a private right of action or an expectation that the Services will be free from prohibited content. We reserve the right to terminate your access to the Services or related websites if you violate any of the prohibited uses.
Ownership; Limited License
The Services, including text, graphics, images, videos, and other content, are owned by Circadian Wellness or our licensors and are protected by United States and foreign laws. All rights to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal purposes. Any use of the Services beyond what is explicitly authorized herein, without our prior written consent, is strictly prohibited and will terminate the granted license, constituting a violation of our intellectual property rights.
Circadian Wellness, our logos, product/service names, and slogans, as well as the overall look and feel of our Services, are trademarks owned by Circadian Wellness and cannot be copied, imitated, or used without our prior written permission. Other trademarks, registered trademarks, product names, and company names or logos mentioned on our Services belong to their respective owners. Any references made to products, services, processes, or other information do not imply endorsement, sponsorship, or recommendation by us.
You may voluntarily provide us with Feedback in the form of questions, comments, reviews, suggestions, ideas, or other original or creative materials concerning Circadian Wellness or our Services. By submitting Feedback, you grant us and our service providers a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to use, copy, transmit, distribute, publicly perform, display, edit, modify, and create derivative works from your Feedback for any purpose, commercial or otherwise. This license applies to all media now known or created in the future. You explicitly waive any moral rights, rights of privacy, or publicity related to the Feedback. We reserve the right to treat Feedback as nonconfidential. While we have no obligation to evaluate or compensate you for Feedback, we may remove or refuse to post any Feedback at our discretion. We may disclose your identity or any information about you to third parties if they claim that your Feedback violates their rights or as required by law. Furthermore, we reserve the right to take legal action for any illegal or unauthorized use of the Services.
We may provide information about third-party products, services, activities, or events through our Services, or allow third parties to make their content available on or through our Services (collectively referred to as "Third-Party Content"). Your interactions and use of Third-Party Content are solely between you and the third party. Circadian Wellness does not control or endorse Third-Party Content and makes no representations or warranties regarding it. Your access and use of Third-Party Content are at your own risk.
Ordering, Delivery, Payments, and Billing
Terms and Conditions for Purchasing and Receiving Services
Some of our offerings, including the acquisition of products or subscriptions, require payment either immediately or at a later time (referred to as "Paid Services"). Detailed information about the current Paid Services, such as shipping terms and refund policies, can be found on the our Site. Please note that any additional payment terms provided to you during the process of utilizing or subscribing to a Paid Service are considered integral to these Terms.
We reserve the right to modify prices and available Paid Services at our discretion. Availability of certain products may be limited, and we cannot guarantee the availability of all items. Products offered for sale on our platform are intended for customers within the United States, and all prices are quoted in U.S. dollars. Occasional errors in pricing may occur, and we retain the right to rectify such errors by either amending the information on our website or notifying you of the error and providing the opportunity to cancel your order. These adjustments or updates to Paid Services information may occur without prior notice.
You can place an order for Paid Services at any time, subject to any planned or unforeseen service interruptions. You have the ability to review and correct any input errors in your order until you click the "Purchase" button on the checkout page to submit your order. By submitting an order, you are making a legally binding offer to purchase the specified Paid Services as outlined in your order, in accordance with these Terms and the price and terms provided at the time of signing up or placing your order. We reserve the right to accept or reject any orders, as well as impose limits on quantities or refuse service. We shall not be held liable if a product is unavailable or if shipment is delayed. All orders are non-cancelable, and cancellation requests will be granted or denied at our sole discretion. In certain cases, we may provide similar products to fulfill your order.
Your order will be considered accepted only upon receipt of payment for the purchase price. After processing your payment, we may send an acknowledgment to the email address you provided, allowing you to retain a record of the transaction. Unless you have specified shipment to Canada or made an alternative arrangement during the ordering process, ownership and risk of loss for the product(s) pass to you upon delivery to the carrier responsible for shipment. This transfer of ownership is contingent upon receiving full payment for the product(s), including any applicable delivery charges. By purchasing products for shipment on our website, you authorize us to engage a carrier on your behalf. In doing so, we act as a service provider, facilitating the shipment process. We reserve the right to determine the procedures, packaging, and carrier used for the products sold. Certain shipping restrictions may apply, including limitations on delivery to post office boxes, specific addresses, or certain days. We may also choose to ship your order in multiple boxes or shipments.
Our products and services, including Paid Services, are intended for personal, non-commercial use. Once delivered, the products may not be resold, redistributed, exported, or used for any commercial purpose. The rights granted under these Terms are personal and non-transferable.
We do not allow returns or substitutions of products. All sales are final, and no refunds or exchanges will be granted.
Shipping to Canada
If you have placed an order for Paid Services to be delivered to a Canadian address, the following additional terms apply:
Delivery of your order, along with the transfer of ownership and risk of loss, occurs when the Paid Services are handed over to the courier at the originating warehouse. Shipments to Canada may be subject to customs duties and/or import taxes. Any applicable shipping charges, customs duties, and taxes are solely your responsibility. By ordering Paid Services from our website, you authorize the customs broker designated by us or our shipping agent to act as your agent for customs clearance and to pay duties and taxes on your behalf.
The terms of your payment will be based on your selected Payment Method and any agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. In the event that we do not receive payment through the Payment Processor, we reserve the right to demand payment for any outstanding amounts on your Billing Account or through the guest checkout feature.
Auto-Renewals and Recurring Billing for Monthly Circadian Wellness Plans and Other Subscription Services
Certain Paid Services, such as the purchase of Circadian Wellness products, may involve an initial period with a one-time charge or a Trial Offer, followed by recurring periodic charges as agreed upon when signing up for such auto-renewing products (referred to as "Subscription Services”).
Subscription Services allow you to specify the frequency at which you would like to receive auto-renewing products. Unless you opt out of a Subscription Service, which can be done through the methods described below, the Subscription Service will automatically renew for successive periods of the same duration as the initial subscription term, at the prevailing non-promotional rate. By selecting a Subscription Service, you acknowledge its recurring payment feature and accept responsibility for all charges incurred prior to canceling the Subscription Service. All recurring payments related to Subscription Services are fully earned upon payment.
To modify or cancel your Subscription Services, please access your account or contact us via email at email@example.com. If you terminate a Subscription Service, your subscription will not renew after the current term expires.
WE MAY CHARGE YOUR ACCOUNT PERIODICALLY (E.G., MONTHLY) WITHOUT REQUIRING FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (CONFIRMED BY US) OF TERMINATION OR A REQUEST TO CHANGE YOUR PAYMENT METHOD. THE NOTICE WILL NOT AFFECT CHARGES SUBMITTED PRIOR TO OUR REASONABLE ABILITY TO ACT ON IT. TO TERMINATE YOUR AUTHORIZATION, CHANGE YOUR PAYMENT METHOD, OR MODIFY YOUR SUBSCRIPTION SERVICES, PLEASE ACCESS YOUR ACCOUNT OR CONTACT US AT firstname.lastname@example.org.
Current and Accurate Information Required
You are responsible for providing current, complete, and accurate information for your Billing Account. It is essential to promptly update any changes to ensure that your Billing Account remains current, complete, and accurate, such as changes to billing address, credit card number, or expiration date. If your Payment Method is canceled (e.g., due to loss or theft) or if you suspect a breach of security, such as unauthorized disclosure or use of your username or password, you must notify us or our Payment Processor immediately. Changes to your information can be made through your account settings. Failure to provide the necessary information means that we can continue to charge your Billing Account for any use of Paid Services unless you terminate the services as described above.
Changes in Authorized Amount
If the amount to be charged to your Billing Account differs from the preauthorized amount (excluding changes due to state sales tax imposition or alteration), you have the right to receive prior notice of the revised amount and the date of the charge before the scheduled transaction. If you choose to cancel the purchase upon receiving such notice, you may do so at any time before the scheduled transaction date. Your payment provider's agreement will govern the use of your Payment Method. You acknowledge that we may accumulate charges and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization
Continued use of a Paid Service (including Subscription Services) without termination reaffirms our authorization to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be held responsible for paying them. This does not waive our right to seek payment directly from you. Charges may be payable in advance, arrears, per usage, or as otherwise specified at the time of selecting the Paid Service.
Free Trials and Promotions
Any Trial Offer or promotional period granting access to a Paid Service must be utilized within the specified time frame. A valid Payment Method is required to initiate a Trial Offer. To avoid being charged for the Paid Service, you must discontinue its use before the Trial Offer period ends. If you inadvertently get charged for a Paid Service upon canceling it before the end of the Trial Offer period, please contact us at email@example.com. Trial Offers are restricted to new customers and limited to one per household. Additional terms and limitations may apply, which will be explained when signing up for the Trial Offer. Such terms and limitations are considered part of these Terms.
You agree to protect, defend, and hold Circadian Wellness and its officers, directors, agents, partners, and employees (collectively referred to as “Circadian Wellness Parties") harmless from any claims, losses, liabilities, demands, damages, settlements, expenses, and costs (including attorney fees and court costs) arising from or related to various factors, including (a) your use of or access to the Services, (b) your feedback, (c) violation of these Terms, (d) infringement of another's rights (including intellectual property or privacy rights), (e) your conduct in connection with the Services, and (f) violation of any law or rights of a third party. You agree to promptly notify the Circadian Wellness Parties of any third-party claims, cooperate with their defense, and bear the expenses associated with such claims. This indemnification provision supplements any other indemnities specified in a written agreement between you and Circadian Wellness or the other Circadian Wellness Parties.
Your use of our Services and products is at your own risk. Unless otherwise stated in writing by us, our Services, products, and content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, Circadian Wellness does not guarantee the accuracy, completeness, reliability, currentness, or error-free nature of the Services, products, or any results derived from them. We cannot assure that the Services will be secure or available at all times, that any defects or errors will be corrected, that the content or software will be free of viruses or other harmful components, or that the Services will meet your specific requirements. You assume full responsibility for the quality and performance of the Services. Some jurisdictions may not allow the disclaimer of implied warranties, so these disclaimers may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, Circadian Wellness and the other Circadian Wellness Parties will not be liable to you under any theory of liability—whether based on contract, tort, negligence, strict liability (where not prohibited by law), warranty, or otherwise—for any indirect, consequential, exemplary (where not prohibited by law), incidental, punitive (where not prohibited by law), or special damages or lost profits, even if Circadian Wellness or the other Circadian Wellness Parties have been advised of the possibility of such damages. The total liability of Circadian Wellness and the other Circadian Wellness Parties for any claim arising from these Terms or our Services, regardless of the form of action, is limited to the greater of $100 or the amount paid by you to use our Services. This limitation of liability does not apply to cases involving gross negligence, fraud, intentional misconduct, or matters where liability cannot be excluded or limited by applicable law. Additionally, certain jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
To the maximum extent permitted by applicable law, you release Circadian Wellness and the other Circadian Wellness Parties from any responsibility, liability, claims, demands, and damages (actual and consequential), including claims of negligence, arising from disputes between users or acts or omissions of third parties.
Transfer and Processing of Data
To provide our Services, you consent to the processing, transfer, and storage of your information in the United States and other countries. Please note that the rights and protections available under local law may not be equivalent to those provided in your jurisdiction.
Dispute Resolution; Binding Arbitration
Please carefully review this section as it governs the resolution of disputes and claims between you and Circadian Wellness. Unless you choose to opt out as described below, any disputes or claims will be subject to arbitration, and you will waive your rights to pursue class actions or representative proceedings in court.
No Representative Actions: You and Circadian Wellness agree that any dispute arising out of or related to these Terms or our Services is personal to you and Circadian Wellness and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Resolution of Disputes through Arbitration. Unless it pertains to small claims disputes eligible for individual action in a small claims court within your county of billing address, or disputes seeking injunctive or equitable relief for alleged unlawful use of intellectual property, both you and Circadian Wellness relinquish the right to a jury trial and agree that any dispute arising from these Terms or our Services will be resolved through arbitration instead of litigation. To initiate the resolution process, you must first contact Circadian Wellness and make an effort to informally settle the claim by providing a written Notice via email to firstname.lastname@example.org. The Notice should include your name, residence address, email address, telephone number, a detailed description of the claim's nature and basis, and the specific relief sought. Our response to you will follow a similar format as described above.
The arbitrator assigned to the case will conduct an individual arbitration, prohibited from consolidating multiple individuals' claims or presiding over class or representative proceedings. All arbitration proceedings, including information gathered, prepared, and presented, as well as any judgments and awards, will remain confidential between the arbitrator, Circadian Wellness, and you. The arbitrator has the authority to issue rulings to safeguard confidentiality, unless otherwise required by law. However, the duty of confidentiality does not apply if disclosure is necessary for arbitration hearing preparation, conducting the merits of the arbitration, court applications for preliminary remedies, judicial challenges to an arbitration award or its enforcement, or as mandated by law or judicial decision. Each party is responsible for their respective fees and costs associated with the arbitration process.
Any claim related to these Terms or our Services must be filed within one year from the date the claim arose; otherwise, the claim becomes permanently barred, forfeiting the right for you and Circadian Wellness to pursue it.
You have the option to opt out of binding arbitration within thirty days of accepting these Terms. To opt out, you must email us at email@example.com, providing your full name, address, and a clear statement expressing your intention to opt out of binding arbitration. By choosing this option, you agree to resolve disputes as per this agreement.
Modifying and Terminating our Services
We retain the authority to modify, suspend, or discontinue any or all parts of our Services at any given time, whether or not there is a specific reason, and whether or not we provide prior notice. Such modifications or terminations shall take effect immediately and may lead to the removal and eradication of all data associated with your account. Likewise, you hold the prerogative to cease utilizing our Services whenever you wish. We shall not be held accountable for any losses or damages incurred as a result of your inability to access or utilize our Services.
If any provision or part of a provision in these Terms is deemed unlawful, void, or unenforceable, it will be considered separate from the remaining provisions, and its removal will not affect the validity and enforceability of the other provisions.
These Terms constitute the entire agreement between you and Circadian Wellness concerning your access to and use of our Services. The lack of exercise or enforcement by Circadian Wellness of any right or provision stated in these Terms shall not be construed as a waiver of such right or provision. The titles of the sections within these Terms are included for convenience purposes only and hold no legal or contractual implications. With the exception of the provisions explicitly stated herein, these Terms are designed solely for the advantage of the involved parties and do not confer any rights as third-party beneficiaries upon any other individual or entity. You acknowledge and agree that communications and transactions between us may be conducted electronically.
These Terms cannot be transferred, assigned, or delegated by you, whether through operation of law or any other means, without obtaining our prior written consent. Any attempt to transfer, assign, or delegate these Terms without such consent will be deemed null and void. However, we retain the right to freely transfer, assign, or delegate these Terms or the Services, in whole or in part, without requiring your prior written consent.