Terms and Conditions

TERMS OF USE

Last Update: November, 2018

Life Boost LLC, doing business as Tespo (“Tespo,” “we,” “us,” or “our”) welcomes you to www.gettespo.com(the “Site”). The following terms of use (“Terms”) govern your access to and use of the Site. Please review these Terms carefully. By accessing and using the Site, you agree to be bound by all the Terms set forth herein. If you do not agree with these Terms, your sole recourse is to leave the Site immediately. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes with or without notice to you. Your continued use of the Site constitutes acceptance of any changes. You understand that you are responsible for regularly reviewing these terms and conditions and the continued use of the System after any such modifications shall constitute your consent to such changes, including changes in fees.

We provide Visitors (as defined below) with access to the Website, and Customers (as defined below) with access to the Services subject to the following Terms of Use. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Services.

Our store is hosted by WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

CONSULT YOUR PHYSICIAN

Any information obtained on this site should not be misconstrued as medical advice, medical opinion, care, treatment, diagnosis, or a substitute for advice you have received from your doctor or health care provider. The Food and Drug Administration has not evaluated the statements we have made relative to our dietary supplements. Tespo products are not intended to diagnose, treat, cure, or prevent any diseases. By using this site, you acknowledge and agree that Tespo, its employees, Medical Professionals referenced on this site, and [stock holders?] are not liable for any harm that may come from using the products or services. All visitors to this site should consult their physician before using any new supplements and must not take the information provided as a replacement for medical advice. All content (information, opinions, suggestions), services, and products are for informational purposes only. If you experience a negative effect from using a Tespo product, discontinue use immediately and call 911 or your healthcare provider. Use of the website, products, services, and information are at your own risk.

Care of {You acknowledge and agree that Tespo does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Tespo does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication, or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.}

CUSTOMER AND ACCOUNT

You must be at least eighteen (18) years old to use the site and purchase products from Tespo. It is the responsibility of those who use the site and create an account to keep the information accurate and up to date. Any lost packages, orders, and/or products due to inaccurate or dated information are the sole responsibility of the account holder. Tespo is not responsible for any negligence in maintaining accurate account information. You should take care to safeguard your password and account information. Tespo may use the information provided on your account for any purpose necessary in the operations of the business. Once information is entered on the site, that information becomes Tespo property. Tespo reserves the right to refuse to sell products, terminate accounts, and cancel orders. Our failure to enforce or decision not to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.

USE OF SERVICE AND DESCRIPTION

We will offer suggestions to fill your own vitamin pods (“Personalized Pod”) that we ship to you in packaged boxes on a subscription basis (“Subscription”). Any product purchased on the Tespo website are covered under these terms and conditions. Tespo is under no obligation to accept or maintain anyone as a Customer, and may accept or reject any request on its sole and complete discretion.

Login is required for all Customers. Customers have greater access than Visitors (described below) and can also access their account information. As withing our rights, customers may receive some preferential response times and assistance.

Visitors are people who do not register with us, but want to explore the resources and information located on the Tespo site. Visitors can view all publicly-available content on the Website, e-mail us, and engage with our chat feature via our website. Visitors are not required to login.

 

SUSPENDING OR POSTPONING DELIVERY OF YOUR TESPO VITAMINS

You may suspend or postpone the delivery of your Tespo Vitamins. However, you will not be able to suspend or postpone if we have already started preparing you next pod, monthly shipment, or order. Personalized pods require more time to prepare and will also require more notice to cancel or postpone the shipment.

[You will be warned two (2) days prior to the start of preparing your next pod of Personalized vitamins in which you may pause or cancel. You will be alerted by email when we start preparing your next box of Personalized Vitamins.]

 

SUBSCRIPTION FEES, PAYMENTS, AND AUTOMATIC RENEWALS

By placing a credit card or ACH direct payment account on file with us you authorize us to charge your card for any fees you accrue as a result of using the Products, services or subscriptions.  Fees may include  reimbursement to Tespo under the Buyer’s Protection Policy.  You authorize us to consolidate balances from any duplicate accounts you may have created on our Site and bill them to your credit card or ACH direct payment account.  You may revoke your payment authorization by sending us a written request to Tespo, 46701 Commerce Center Drive Plymouth, MI 48170.  We may continue to bill your credit card or direct payment account for any fees for any charges incurred by you or by us taken prior to the receipt of your written revocation. BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE.   If you have any question about a charge on your credit card, contact us. If you deliberately or inadvertently issue, or cause to be issued a chargeback to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee.

By using our site and or purchasing our products you acknowledge and agree that you are creating an account. You also agree if you purchase a product on a monthly schedule you are signing up for a Subscription. A subscription is an automatic renewal of your order based on the frequency you chose. It is the responsibility of the account holder to manage their subscription. You agree to pay all applicable fees made known to you when you first ordered your Products (“Subscription Fees”). We use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment of Subscription Fees.

When you sign up and purchase a Subscription it (the subscription) will automatically renew until you cancel it. A subscription may be canceled any time by notifying us in writing before your order starts processing. A processing order can no longer be canceled and any refused or returned order will not be refunded. It should be clear, if you do not cancel, then your next order of Tespo products will ship and you will be responsible for applicable charges.

If payment is not received or it is refunded, for any reason, we reserve the right and discretion to suspend or terminate your access and account with little or no warning. Tespo reserves the right to change, modify, remove or add any additional fees and notice is not required before doing so. Your access to the subscription service or a specific product is conditional upon payment of the Subscription Fees.

Rewards

By participating in, collecting, accruing, and using Tespo Rewards (“Rewards,” “coins,” or “Rewards Credit,”)  you agree to abide by these terms and conditions. You must notify Tespo within 30days in writing if you wish to opt out of our rewards program. A request to wave your participation in Tespo’s Rewards program is not confirmed until you receive confirmation of your request. Without confirmation, you must contact Tespo within 90 days to restate your request.

Rewards will remain in effect and good standing for two (2) years. However, you may request a short-term extension on rewards that may expire if we are contacted a minimum of 60 days before they expire. A short term extension is not valid without confirmation from a Tespo Agent and cannot exceed 90 days.

Rewards associated to products being returned are deducted from any refund. This deduction of points includes but is not limited to returning the dispenser, returning pods, lost packaged that result in a re-ship, and misfires. A misfire is in the rare instance where the dispenser pierces a used cavity. All pods are maxed out at 31 servings, so rewards cannot exceed 31 instances per pod. If rewards associated with a returned product are used then the monetary amount associated with the rewards will be deducted from the refund. The mentioned deduction includes returning the dispenser after receiving the $50 in rewards points. By using Tespo Rewards, you agree to this deduction.

All request associated with Reward must be sent in writing to:

Tespo Rewards

46701 Commerce Center Drive

Plymouth, MI 48170

ACCURACY OF INFORMATION

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on this Site. In addition, we may make changes in information about Product price and availability on this Site without notice. We reserve the right, without prior notice, to limit the order quantity on any Product or service.

CONTENT

The design of this Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site (“Content”) belong to us and/or our third party licensors and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions. You may use the Content for your personal, noncommercial purposes (for example, Content that is not further published, disseminated, sold, or adapted). All other uses require a written license from Tespo.

Some Content on the Site may be owned by third parties. Third party Content and trademarks appearing at the Site (by way of example, third party trademarks identifying branded products and user-generated Content uploaded by Tespo visitors and customers) are owned by such third parties. No license is granted by Tespo to you for the use of such third party Content and marks. Any third party Content is provided for your use on an AS IS basis with no warranties express or implied.

LINKS TO THIRD PARTY SITES

This Site may be linked to other websites which are not under the control of Tespo. Tespo is not responsible for the content of those sites. Tespo provides the links as a convenience to you, and the link does not imply endorsement by or affiliation with those sites by Tespo.

LINKING TO THIS SITE

Creating or maintaining any link, or running or displaying this Site or any information or material displayed on this Site in frames or through similar means, without our prior, written permission is prohibited.

COMMUNICATIONS TO US

While we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. All e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

SECURITY / PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses or for any reason at any time.

 

MINORS

Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older or provide parental consent (see our Privacy Policy.)

DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TESPO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND TESPO DOES NOT MAKE ANY COMMITMENT TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TESPO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL TESPO, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

CHOICE OF LAW; JURISDICTION

These Terms supersede any other agreement between you and Tespo to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the federal or state courts sitting in the Eastern District or County of Washtenaw, State of Michigan, as applicable.

HEALTH RELATED INFORMATION

The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. It is recommended you consult with your physician before using any Tespo products.

INDEMNITY

You agree to indemnify, defend and hold Tespo and its parents, affiliates, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms, or your violation of any rights of another party. This indemnity survives termination of these Terms.

DOMESTIC USE; EXPORT RESTRICTION

We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access this Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.

ENFORCEMENT

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

PRIVACY

Your submission of personal information through the store is governed by our [LINK TO PRIVACY POLICY]. It should be noted, once information is entered on the site and or the mobile application (App) that information becomes Tespo property.

By signing up for Tespo products, services, the App or by entering your email on the site you agree to receive notification, information, and electronic communication (Communication). The communication you receive from Tespo will include but is not limited to order information or summaries, upcoming products, account information, and general correspondence. You may opt out of receiving notifications and emails by opting out or by contacting customer service.

Equipment Protection Plan: 

As a Tespo subscriber you have access to a comprehensive protection plan for all products and devices (“Equipment”) received from Tespo for one (1) year as long as you are in good standing. In the event that a Tespo dispenser, Tespo Go, or Tespo Cup becomes defective you will receive a replacement free of charge as long as such damage was not caused by misuse or other improper operations or handling while in your possession. Exclusions do apply and we reserve the right to review or deny any warranty claim. Proof of purchase, requested video, and or pictures of Tespo Equipment may be required in order to file a warranty claim.  Failure to provide the proof of purchase may void the warranty. Tespo Equipment warranties are none transferable. In order to receive the replacement Equipment, you can call 844-558-3776, or contact customer service at [e-mail]. , Tespo is not responsible for the maintenance or repair of Tespo Subscriber equipment. Failure to return a defective dispenser may result in loss of good standing with the company and may void any warranty claims thereafter.

Tespo does not warranty, cover, or accept any responsibility for any Equipment purchased through an unauthorized third party. Warranty terms are one year from the date of purchase so long as the purchase was made through an authorized retailer.

Care of Tespo Property and Service

You agree that neither you nor any other person (except Tespo‘s authorized personnel) will open, tamper with, service, or make any alterations to the Equipment.  You agree to clean and maintain the Equipment in accordance with Tespo User Guide.  You can contact Tespo customer service at 844-558-3776 if you have Equipment care questions or you can refer to www.gettespo.com/FAQ for additional care instructions.

Tespo Software Basis of Agreement:

By using any Tespo products you agree that neither you nor any other person (except Tespo‘s authorized personnel) will access, modify, or disrupt any Tespo Software, Applications, or Hardware beyond accepted use. Should any attempt be made to access or manipulate Tespo’s Software (this includes any Tespo technology) will void any warranty and may result in criminal charges. Tespo reserves the right to suspend access at any time and for any reason.

Credit Cards and ACH Direct Payments: 

Again, by placing a credit card or ACH direct payment account on file with us you authorize us to charge your card for any fees you accrue as a result of using the Products, services or subscriptions.  Fees may include  reimbursement to Tespo under the Buyer’s Protection Policy.  You authorize us to consolidate balances from any duplicate accounts you may have created on our Site and bill them to your credit card or ACH direct payment account.  You may revoke your payment authorization by sending us a written request to Tespo, 46701 Commerce Center Drive Plymouth, MI 48170.  We may continue to bill your credit card or direct payment account for any fees for any charges incurred by you or by us taken prior to the receipt of your written revocation. BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE.   If you have any question about a charge on your credit card, contact us. If you deliberately or inadvertently issue, or cause to be issued a chargeback to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee.