Terms and Conditions
STOP! If you are under the care of a physician for Cancer or Cardiovascular Issues, or are Breastfeeding or Pregnant, you SHOULD NOT purchase or use our products / weight loss programs, without first consulting and clearing it with a licensed physician.
Terms of Service
1. Binding Agreement.
These Terms and Conditions govern your use of the SoulScale website (mysoulscale.com and/or soulscale.myshopify.com) and your purchase of any weight loss plans, foods, and products, whether from the website or otherwise. By placing any order for SoulScale's products or weight loss plans, you agree to be legally bound by these Terms and Conditions. SoulScale reserves the right, in its sole discretion to alter, amend, add, remove, or otherwise modify any portion of these Terms and Conditions at any time. By placing an order with SoulScale after these Terms and Conditions have been modified, you agree to accept all such modifications to the Terms and Conditions.
SoulScale shall not be responsible or liable, under any circumstances, for any illness or health problem that may result from its weight loss plans or from the consumption of its foods, supplements, meals, or other products. The SoulScale Program may not be appropriate for certain people including people who 1) have food allergies; 2) are under 18 years of age; or 3) suffer from a medical condition that can be adversely affected by diet - including, but not limited to cardiovascular issues, cancers, etc. 4) are breastfeeding or pregnant. Consult your physician before altering your diet or beginning any diet, nutrition, or fitness plan offered by SoulScale.
3. Not a Medical Service.
SoulScale does not offer medical advice, either on its website or otherwise. Consult a licensed physician or healthcare provider if you have any medical questions about any foods, products, weight loss programs, or meal plans offered by SoulScale. The SoulScale foods or programs are not offered or intended to treat, mitigate, or cure any type of disease, sickness, or weight problem, and is not a substitute for sound medical advice. Nothing stated or presented by SoulScale, whether on the website or otherwise, is intended to be a substitute for professional medical advice, diagnosis, or treatment.
4. Weight Loss.
We do not guarantee weight loss. Weight loss will vary for each client based upon their individual weight, metabolism, age, activity level, underlying health issues, prescribed or illegals drugs, and/or commitment to their plan.
SoulScale shall not be liable for an allergic reaction you have to any foods, products, or meal plans, purchase from or delivered by SoulScale. The most common food allergens are: gluten (wheat), peanuts, soy, shellfish, dairy, eggs, nuts, and fish. SoulScale cannot guarantee the absence of some or all of these allergens from its foods, as it has no oversight or control over the manufacturing facility or its practices. SoulScale does not accommodate dairy, eggs, nuts, or fish allergies as SoulScale foods and meal plans commonly include these types of ingredients. If you’re allergic to any of these items, you should know that while we make every effort not to do so, we cannot guarantee that there won’t be any cross contamination with your other meals.
6. No Warranties.
EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, THE GOODS AND SERVICE ARE PROVIDED BY SOULSCALE TO YOU ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS WITH NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability.
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO SOULSCALE. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify, defend, protect, and hold harmless SoulScale and its suppliers, licensors, affiliates, shareholders, officers, directors, employees, and agents from and against any and all health claims, actions, awards, judgements, demands, damages, obligations, losses, liabilities, settlements, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to: 1) your use of and access to SoulScale foods, programs and website; 2) your violation of any of these Terms and Conditions; and 3) your use of, or consumption of any SoulScale food, supplements, or other products. This indemnification shall survive the termination of these terms and your use of SoulScale’s site, products, and/or services.
9. Governing Law.
SoulScale's goods and services and these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
Every controversy arising out of, or related in any manner to, these Terms shall, on the written notice of any party, be submitted to final and binding arbitration under the Rules of Commercial Arbitration of the American Arbitration Association (“AAA”). However the parties are not required to utilize the AAA unless agreed to by both parties. The arbitration will take place in Orange County, CA and will be conducted only on an individual basis and not in a class or representative action or as a member of a class, consolidated or representative action, even if AAA’s rules provide otherwise. The arbitration shall be decided by a single arbitrator selected by the parties. If the parties cannot agree on an arbitrator, then the arbitrator shall be selected for the parties by the then presiding judge in the County of Orange, California Circuit Court. The arbitrator shall have full authority to grant all forms of relief including any prejudgment remedies. As used in this Agreement, “any controversy” and “claims” includes, but is not limited to, claims for breach of contract, breach of the covenant of good faith and fair dealing, torts of any kind (including, but not limited to, fraud, interference with business relations, intentional conduct of any kind, and any other tort not specifically listed), and under state and federal law, statute or regulation. Arbitration will be the sole and exclusive remedy for any such controversy or claim. A demand for arbitration must be filed by a party within the applicable statute of limitation for such claims. The arbitrator shall be bound by the terms of this Agreement and shall not apply principals of ex aequo et bono.
SoulScale reserves the right to terminate your account and your access to the website for any reason or no reason, and without any advance notice.
If any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
13. Entire Agreement.
These terms constitute the entire agreement between you and SoulScale. Neither party shall be bound by any conditions, definitions, warranties, or representations with respect to any other terms or conditions except as expressly provided in these written terms.
14. Returns, Exchanges, and Refunds.
All SoulScale products, programs, and services are non-refundable, for any reason whatsoever, including but not limited to health issues, doctor's requests, change of mind, etc. Legally, food products cannot be resold or repackaged for resale once sold to an individual, therefore SoulScale will not accept any returns or exchanges.