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TERMS AND CONDITIONS

 

 

These Terms and Conditions (the “Terms“) set forth the terms and conditions governing your use of The Ally Essentials website (the “Website”) and any of the products or services offered on the website (the “Site”) by California Recovery Center Labs, LLC (the “Company”). Please read the Terms carefully before using any of the Sites. By using any of the Sites, you agree to be bound by the terms and conditions contained in the Terms. If you do not agree to the terms and conditions, you may not access or otherwise use any of the Sites. 

Disclaimers 

The content provided on this Website, including advice from any consultants affiliated with the Company, is solely for informational purposes. If one believes they might have a medical issue, it is paramount to seek immediate counsel from a professional healthcare provider. One must not neglect or postpone seeking expert medical guidance due to any information gleaned from this Website. 

Statements and information about dietary supplements on this platform have not undergone evaluation by the Food and Drug Administration and thus are not crafted to diagnose, treat, cure, or fend off diseases. Before using any product, especially if one has pre-existing medical conditions, is on prescription medication, is pregnant, or is nursing, it is imperative to seek advice from a healthcare professional. 

Always consult with a qualified healthcare practitioner prior to taking medications, supplements, or adopting any health interventions. Ensure thorough perusal of all product packaging and instructions for items or services procured from this Website. 

Parties 

“You” and “your” refer to you, as a user of The Ally Essentials website. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Website. “We,” “us,” and “our” refer to California Recovery Center Labs, LLC. 

Content 

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Website. “California Recovery Center Labs Content” means Content that we create and make available in connection with the Website. “Third Party Content” means Content that originates from parties other than the Company or its users, which is made available in connection with the Website. “The Ally Essentials Website Content” means all the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and California Recovery Center Labs, LLC Content. 

Changes to the Terms of Service 

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Website is governed by the Terms effective at the time of your access to or use of the Website. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Website prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms indicates your acceptance of the modifications. 

Eligibility 

By accessing or using the Website, you agree and consent that you are 18 years old or older and have the requisite power and authority to enter into these Terms. 

 

Permission to Use the Website 

We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. 

 

Website Availability 

The Website may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. 

Purchases 

If you purchase any products or services from the Website, you will be responsible for paying the applicable fees and agree to the terms and conditions of the Company’s Return/Refund Policy. Please carefully review our Return/Refund Policy before making any purchases. 

All prices on the Website are in US Dollars (USD) and are subject to change without notice. Transactional prices are the prices that are displayed on the Website at the time of purchase. In the event of a typographical error in the pricing of a product, we have the right to cancel the order or charge the correct price for the product. 

You can pay for products or services purchased on the Website by credit card, debit card, and other payment methods as we may introduce in our sole discretion. To purchase products, you must provide valid payment information on the Website’s order form. By submitting your payment information, you authorize the Company to charge your purchase to the payment method you designate. You represent and warrant that you have the legal right to use the payment method you submit and that the charges incurred by you will be honored. 

We reserve the right to refuse or cancel any order at any time for any reason. This may include, but is not limited to, insufficient funds, billing errors, or suspected fraud. Shipping and handling charges are calculated based on the weight and destination of the order. We offer free shipping on orders over $50.00. Orders are typically processed within 1-2 business days. We will send you a shipping confirmation email with your tracking number once your order has shipped so you can keep track of it. Once shipped, USA shipments can take 3-5 business days. 

Order Modifications and Cancellations 

We understand that you may need to make changes to your order after you have submitted it, but we are unable to accommodate any modifications or cancellations once the order has been processed. Please note that we consider an order to be processed once it has been picked, packed, and shipped by our Fulfillment Team. Our orders are processed very quickly, so we recommend that you review your order carefully before submitting it.  

If you need to make a change to your order, please contact us as soon as possible after submitting your order. We will do our best to accommodate your request, but we cannot guarantee that we will be able to do so. 

If you need to cancel your order, please contact us as soon as possible after submitting your order. We will cancel the order and refund your payment if the order has not yet been processed. If the order has already been processed, we will be unable to cancel the order and you will be responsible for the full cost of the order. 

Sales Tax 

We are required to collect sales tax on all orders shipped to addresses in states where we have a nexus. The sales tax rate will vary depending on the state to which your order is shipped. The sales tax amount will be displayed on the checkout page before you submit your order. 

Return & Refund Policy 

We are confident that you will be satisfied with our products. However, if you are not satisfied for any reason, you may return them for a refund within 30 days of purchase, provided that the products are in their original, sealed, and unopened condition. A restocking fee of 15% will be applied to all returned items. 

To return a product, please contact our customer support team via email at hi@theallyessentials.com within 30 days of your purchase. We will provide you with instructions on how to return the product. Products must be returned in their original packaging, sealed, and in resalable condition. A receipt or proof of purchase is required. Opened items will not be accepted for exchange or return. 

The customer is responsible for paying for the shipping costs to return the product. Once we receive the returned product, we will process your refund within 10 business days. Any shipping charges or applied discount codes will not be refunded. 

If you encounter any issues with your product or order, please do not hesitate to contact our customer support team at hi@theallyessentials.com for immediate assistance. 

Privacy 

Please carefully review our Privacy Policy. By using any of the Sites, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of any of the Sites, account registration, and any other personal information provided by you in accordance with our Privacy Policy. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States. 

 

Communications from the Company 

By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive communications including, but not limited to: 

  • Emails about new products and/or services 
  • Newsletters with discounts and promotions 
  • Other marketing-related announcements 

You can opt out of these communications at any time by clicking the unsubscribe link at the bottom of any email or by contacting us at connect@theallyessentials.com. 

 

Responsibility for Your Content 

Where applicable at any of the Sites, you are invited to post your own content (“User Content”). Please note that the Sites are intended for adult use; if you are under the age of 13, do not submit any User Content to any of the Sites. 

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Company. 

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. 

 

Our Right to Use Your Content 

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against the Company and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. 

 

Ownership 

As between you and the Company, you own Your Content. We own the California Recovery Center Labs Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the California Recovery Center Labs Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the California Recovery Center Labs Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the California Recovery Center Labs Content are retained by us. 

 

Advertising 

The Company may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. 

 

Other 

User Content (including any that may have been created by users employed or contracted by the Company) does not necessarily reflect the opinion of California Recovery Center Labs. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. 

Restrictions 

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. 

You agree not to, and will not assist, encourage, or enable others to use the Site to: Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review; Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by the Company; Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website; Solicit personal information from minors, or submit or transmit pornography; or Violate any applicable law. 

You also agree not to, and will not assist, encourage, or enable others to: Violate the Terms; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by the Company; Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content; Reverse engineer any portion of the Site; Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; Record, process, or mine information about other users; Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews; Reformat or frame any portion of the Site; Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Company‘s technology infrastructure or otherwise make excessive traffic demands of the Site; Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site. 

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Copyright 

You acknowledge that all materials on any of the Site, including any of the Sites’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on any of the Sites, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner.  

 

Suggestions and Improvements 

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against the Company and its users any claims and assertions of any moral rights contained in such Feedback. 

 

Third Parties 

The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Site may be subject to additional third party or open-source licensing terms and disclosures, including the ones posted here and incorporated herein by reference. 

 

Indemnity 

You agree to indemnify, defend, and hold California Recovery Center Labs, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “California Recovery Center Labs Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. California Recovery Center Labs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of California Recovery Center Labs. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

 

Limitations of Liability 

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE California Recovery Center Labs ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. 

THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE California Recovery Center Labs ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE California Recovery Center Labs ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE California Recovery Center Labs ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE. 

THE California Recovery Center Labs ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE California Recovery Center Labs ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. 

THE California Recovery Center Labs ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE California Recovery Center Labs ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. 

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. 

THE California Recovery Center Labs ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE California Recovery Center Labs ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. 

THE California Recovery Center Labs ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. 

 

Choice of Law and Venue 

California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and California Recovery Center Labs (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN Roseville, California. 

 

Termination 

You may terminate the Terms at any time by closing your account, or by discontinuing your use of the Site. Please review our Privacy Policy for information about what we do with your account when terminated. 

We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information. 

 

General Terms 

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. Except as otherwise stated in Ownership section above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms contain the entire agreement between you and us regarding the use of the Site and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect. 

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