Terms & Conditions

TERMS OF USE AND CONDITIONS OF PURCHASE


Welcome to The Clean Program and our Terms of Use and Conditions of Purchase (these “Terms”). The Clean Program Corp. strives to go the extra mile for customers before, during and after their cleanse journey. That being said, because the world of detoxification and cleansing is a vast one, it is important that you read these Terms and Conditions before doing business with our company. 


Thank You - The Clean Program Corp.


THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SAL BEFORE PLACING AN ORDER.  

Note that Section 16 of these Terms contains a mandatory arbitration provision that requires each of us to the use of binding arbitration on an individual basis and limits the remedies available to us in the event of certain disputes.  By agreeing to these Terms, each of us is giving up our right to bring our disputes before a jury or as a member of class action.


By accessing or using the services provided by The Clean Program Corp. or our parent corporations, subsidiaries or other affiliates (collectively, “Clean Program,” “we,” “us” or “our”) through our websites or blogs, (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Terms and all of the terms incorporated herein by reference.  If you do not agree to these Terms, you may not access or use the Services in any way or order, receive or use the food products and/or dietary supplements made available through the Services (collectively, the “Products”).


If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.


The Clean Program reserves the right to change or modify these Terms at any time and in our sole discretion.  If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites.  By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.  We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Services or order, receive or use the Products.

  1. The Clean Program Products are not intended to diagnose, cure, treat, or prevent any disease. The information, statements, and images used by the Clean Program have not been reviewed by the Food & Drug Administration. Commitment to any of the Clean Programs does not and is not meant to replace medical care. If you have an existing medical condition, including if you are actively trying to conceive, pregnant, or nursing, or take any medications, please consult with your doctor before committing to any of the Clean Programs or making any Clean Program recommended changes to your diet or exercise program. Please visit our Health Disclaimer page for more information.  
  2. Privacy Policy.  Please refer to our Privacy Policy, available at this link, for information about how we collect, use and disclose information about you.
  3. Eligibility.  The Services are not targeted toward or intended for use by anyone under the age of 18.  By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
  1. Registration, Account and Communication Preferences.  In order to access and use certain areas of the Sites or features of the Services, you will have the option to register for a Clean Program account.  By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

By creating a Clean Program account, you also consent to receive electronic communications from Clean Program (e.g., via email or by posting notices to the Sites).  These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us.  You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.  You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you.  You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

  1. Terms of Sale.
    • 5.1 Subscriptions.
    • (a) Plans. In addition to selling products individually, The Clean Program offers a subscription service where we offer various subscription plans for the recurring delivery of our products (each purchase of any such plan, a “Subscription”).  Our product offerings and available Subscription plans are described on our website, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.
    • (b) AUTOMATIC RENEWAL OF SUBSCRIPTION.  WHEN YOU PURCHASE A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) CLEAN PROGRAM (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON THE PERIODIC BASIS DESIGNATED BY YOUR CHOSEN SUBSCRIPTION PLAN FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION.  THE RECURRING CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS.  
    • (c) CANCELLATION POLICY. IN THE EVENT THAT YOU WOULD LIKE TO CANCEL OR CHANGE YOUR SUBSCRIPTION SHIP DATE PRIOR TO INVOICE DATE, PLEASE LOG INTO YOUR ACCOUNT AT CLEANPROGRAM.COM AND MODIFY YOUR SUBSCRIPTION AS NEEDED. YOU MAY ALSO EMAIL support@cleanprogram.com PRIOR TO THE INVOICE DATE.  IF CANCELLATION OCCURS AFTER THE INVOICE DATE THE CANCELLATION REQUEST WILL BE PROCESSED FOR THE NEXT SCHEDULED INVOICE.  YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
    • You may have the ability from time to time to purchase Subscriptions for other people through the Services (“Gifts”).  Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift.   

We do not accept product returns to protect the health and safety of our customers. If you received defective goods or an incorrect order, please contact support@cleanprogram.com within fourteen (14) days of receipt. We will happily review your order and any reported issues and offer resolution which may include replacement of the product in question or partial/full store credit to use at your convenience. Unfortunately, once a product has left our facility, we’re unable to offer a refund. 

In certain rare instances, such as if you received a defective product, we may request that you return a product for examination, in which case we will provide a shipping label. Alternatively, we may ask that you provide photos of the product labels, including lot number and expiration date, and any damage reported.

Any compensation (store credit, replacement, coupon codes etc.) issued will be at the discretion of the Clean Program and can be subject to a 20% processing fee where necessary.

When placing your order, please enter your shipping address carefully to ensure accuracy and review your order confirmation email for any errors.  If you enter the shipping address incorrectly when the order is placed, please email support@cleanprogram.com immediately for correction.  Any reship fees will be at the responsibility of the customer. 

Should your shipping address change on any product subscriptions, please update prior to the invoice date via your account at cleanprogram.com.

We do not issue refunds of any kind for purchases made through retail stores, practitioners, or third-party websites. If you purchase any product from a retail store, practitioner, or third-party website, the refund policy of that retail store, practitioner, or website shall apply.

 

  1. License to Access and Use Our Sites and Content.  Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, all logos, trademarks, service marks, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Clean Program or our licensors or users, as applicable, and are protected by U.S. and international copyright and/or intellectual property laws.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content for your own personal, non-commercial use in learning about and/or evaluating our Products and services.  This grant of permission is not a transfer of title, and under this permission you may not remove any copyright, or other proprietary notations from the materials.  The  license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes.  Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Clean Program or any third party, whether by estoppel, implication or otherwise.  This license is revocable at any time.


Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Clean Program or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

  1. Trademarks.  CLEAN PROGRAM, the Clean Program logo and the other Clean Program Product and service names, logos or slogans that may appear on the Sites or Products are trademarks or service marks of Clean Program and may not be copied, imitated or used, in whole or in part, by you without our express prior written permission.  You may not use any metatags or other “hidden text” utilizing “Clean Program” or any other name, trademark or Product or service name of Clean Program without our prior written permission. Unless otherwise indicated, all other names, logos, trademarks and service marks on the Sites are owned or licensed by Clean Program, as the case may be, and may not be used, copied or imitated, in whole or in part, by you without our express prior written permission. The use or misuse of any of these marks or other information is strictly prohibited. You may not use any metatags or other “hidden text” utilizing “Clean Program” or any other name, trademark, service mark, Product name or service name of Clean Program without our express prior written permission.  In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute trade dress of Clean Program and may not be copied, imitated or used, in whole or in part, without our express prior written permission.  Reference to any third party products, services, processes or other information by name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Clean Program.
  2. Hyperlinks.  Clean Program makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites.  Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein.  When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
  3. Third Party Content.  We may display content, advertisements and promotions from third parties through the Services, including in shipments with Products (collectively, “Third Party Content”).  We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness.  You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Clean Program is not responsible or liable in any manner for such interactions or Third Party Content.
  4. User Conduct.  You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.  You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and Clean Program; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  5. Feedback.  We love to hear from you about your Clean Program experience, simply email us at support@cleanprogram.com. You are always free to submit questions, comments, suggestions, ideas, original or creative materials or other information about Clean Program, the Sites or the Products (collectively, “Feedback”).  Feedback is non-confidential and shall become the sole property of Clean Program. Clean Program shall be free to use (and allow others to use) such Feedback, including, without limitation, all intellectual property rights in and to such Feedback, and shall be entitled to the unrestricted dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  6. Indemnification.  To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Clean Program, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Clean Program Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you, and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms.  You agree to promptly notify Clean Program of any third party Claims and cooperate with the Clean Program Parties in defending such Claims.  You further agree that the Clean Program Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Clean Program.
  7. Disclaimers.  YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US.  AS OUTLINED IN OUR HEALTH DISCLAIMER, WE URGE THAT YOU SPEAK TO YOUR MEDICAL PROVIDER BEFORE USING OUR PRODUCTS OR FOLLOWING ANY DIETARY RECOMMENDATIONS OR CHANGES IN ACTIVITY LEVEL ACCOMPANYING ONE OF OUR CLEANSE PROGRAMS.  ALL CLEAN PRODUCTS ARE DESIGNED FOR ADULTS 18 AND OLDER. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.   FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PRODUCTS ARE MANUFACTURED AND PACKAGED IN FACILITIES THAT MAY PROCESS ALL MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, AND TREE NUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. 

WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE.  HOWEVER, OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CLEAN PROGRAM, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLEAN PROGRAM, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE SITES; (D) THAT THE INFORMATION ON THESE SITES, INCLUDING NUTRITIONAL AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.  YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR MOBILE DEVICE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, NATURAL VARIABILITY OF PRODUCTS, PREPARATION METHODS AND VARIABILITY OF EQUIPMENT AND APPLIANCES USED.  

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you.  Reference to any products, services, processes or other information by trade name, trademark, service mark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.  Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

  1. Limitation of Liability; Release.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEAN PROGRAM OR ANY OF THE OTHER CLEAN PROGRAM PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CLEAN PROGRAM, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLEAN PROGRAM’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF CLEAN PROGRAM AND THE OTHER CLEAN PROGRAM PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE CLEAN PROGRAM MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF INGREDIENTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US FOR THE PRODUCTS.  THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE CLEAN PROGRAM AND THE OTHER CLEAN PROGRAM PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE CLEAN PROGRAM AND THE OTHER CLEAN PROGRAM PARTIES FROM AND AGAINST ANY SUCH CLEAN PROGRAM PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.  IT IS NOT CLEAN PROGRAM’S INTENT TO APPLY ANY EXCLUSION OR LIMITATION IN ANY JURISDICTION WHERE SUCH EXCLUSION OR LIMITATION IS NOT PERMITTED BY LAW. 

  1. YOU HAVE ACCEPTED THESE TERMS WITH THE EXPRESS INTENTION OF EFFECTING THE LEGAL CONSEQUENCES PROVIDED BY SECTION 1541 OF THE CALIFORNIA CIVIL CODE, AND ANY OTHER FEDERAL, STATE, OR LOCAL LAWS OF SIMILAR EFFECT. YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542 (OR ANY FEDERAL, STATE, OR LOCAL LAWS OF SIMILAR EFFECT), WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  
  1. Dispute Resolution; Arbitration.  PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF UNDER THESE TERMS.  IN PARTICULAR, WE EACH AGREE TO GIVE UP OUR RIGHT TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS ACTION.
  1. Governing Law and Venue.  These Terms, your access to and use of the Sites and your order, receipt, use of the Products and resolution of Disputes shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.  Any Dispute between the parties that is not subject to arbitration pursuant to Section 16 or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York, City of New York.
  2. Termination.  Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
  3. Severability.  If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
  4. Survival.  The following sections will survive the expiration or termination of these Terms and the termination of your Clean Program account:  all defined terms and Sections 1, 5, 7-21.
  5. Entire Agreement.  These Terms constitute the entire agreement between you and Clean Program relating to your access to and use of the Sites and your order, receipt and use of Products.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Clean Program. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Clean Program’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.