SMILE BARIATRIC SUBSCRIPTION TERMS
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND LIFEBOOST LLC (“WE”, “SMILE BARIATRIC”, THE “COMPANY”, OR “SMILE BARIATRIC SUBSCRIPTION”), THE OWNER AND OPERATOR OF THE WWW.SMILEBARIATRIC.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND YOUR PURCHASE OF THE SUBSCRIPTION AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM, OR SUBSCRIPTIONS TO, SMILE BARIATRIC SUBSCRIPTIONS.
By signing up for a Subscription (as defined below), you represent, acknowledge, and agree that you are at least 18 years of age.
Smile Bariatric Subscription Benefits:
Comprehensive Protection Plan: Smile Bariatric Member will be automatically enrolled in a comprehensive protection plan for all products and devices (“Equipment”) received from Smile Bariatric as long as the Customer is an active subscriber and in good standing. In the event that a Tespo Health Vitamin Dispenser, Tespo Health Go-Lid, or Tespo Health Dispenser Cup becomes defective for any reason the Smile Bariatric Subscriber will receive a replacement free of charge. In order to receive their replacement Equipment, Smile Bariatric Subscribers can call 844.912.1426, or contact customer service at email@example.com.
Lifetime Upgrade to New Technology: Smile Bariatric Subscribers will receive a free upgrade to any new Tespo Health Vitamin Dispenser introduced by Tespo Health. Smile Bariatric Subscribers will be required to return their Tespo Health Equipment in order to qualify for the free replacement Equipment. Smile Bariatric will notify Smile Bariatric Subscribers To return their equipment via email on record or by mail notification. In order to return their Equipment, Smile Bariatric Subscribers can call 844.912.1426, or contact customer service at firstname.lastname@example.org. Tespo Health equipment must be returned to 340 N. Main Street, Suite 300, Plymouth, MI 48170 unless notified of a different receiving location.
Subscription Charge: Smile Bariatric Subscribers will be billed monthly in advance for their Subscription. Smile Bariatric Equipment and shipping is included in the monthly Subscription Fee.
Cancel at Any Time: Smile Bariatric Subscribers can cancel their Smile Bariatric Subscription at any time by simply completing a cancellation form. There is a $25.00 Return Shipping Fee to cover return freight and restocking costs. Smile Bariatric Subscribers must return the Smile Bariatric Equipment in good working condition to avoid an Equipment Charge.
Equipment Charge for Not Returning Tespo Health Dispenser: All Smile Bariatric provided dispensers (“Equipment”) remain the property of Smile Bariatric. None of the Equipment shall become a fixture. Smile Bariatric Subsciber must return the Tespo Health Dispenser within 21 days of Cancellation or the subscriber assumes ownership of the dispenser. Failure to return the dispenser will result in a charge to be determined in accordance with Smile Bariatric's then current schedule of charges for non-returned Equipment. Smile Bariatric Subscriber agrees to pay such charge whether the Equipment is lost (through theft or otherwise), damaged or destroyed. The Equipment Charge for a Tespo Health Dispenser not returned to Smile Bariatric is $99.00. In order to return their Equipment, Smile Bariatric Subscribers can call 844.912.1426, or contact customer service at email@example.com. Smile Bariatric equipment must be returned to 340 N. Main Street, Suite 300, Plymouth, MI 48170 unless notified of a different receiving address.
Smile Bariatric Equipment: Smile Bariatric will replace defective Equipment, if any, as long as such damage was not caused by misuse or other improper operations or handling by Smile Bariatric Subscriber. Smile Bariatric is not responsible for the maintenance or repair of Smile Bariatric Subscriber-provided equipment.
Termination by Smile Bariatric Subscriber: Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Smile Bariatric Subscriber acknowledges that upon such renewal all pricing is subject to change. To terminate any recurring service, Smile Bariatric Subscriber must complete a cancellation form and call 844.912.1426, or provide a hard copy, written notice of termination to Smile Bariatric delivered to 340 N. Main Street, Suite 300, Plymouth, MI 48170. Returns will not be accepted without prior authorization.
Pausing shipments: You may pause your Smile Bariatric shipments at any time before the order has shipped. You may pause your shipments as many times as you want but only in increments of 1 (one) to 30 (thirty) days at a time. If you are a Smile Bariatric Subscriber, you may pause your shipments but the monthly equipment charge remains the same.
Care of Smile Bariatric Property and Service: Smile Bariatric Subscriber agrees that neither Smile Bariatric Subscriber nor any other person (except Smile Bariatric ‘s authorized personnel) will open, tamper with, service, or make any alterations to the Equipment. Smile Bariatric Subscriber agrees to clean and maintain the Equipment in accordance with the User Guide. A Smile Bariatric Subscriber can contact Smile Bariatric customer service at 844.912.1426 if they have Equipment care questions or they can refer to www.smilebariatric.com for additional care instructions.
What personal information do we collect from the people that visit our blog, website, or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, or other details to help you with your experience.
When do we collect information?
We collect information from you when you fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To administer a contest, promotion, survey or other site feature.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email, or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
• Help remember and process the items in the shopping cart.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since the browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
• Remarketing with Google AdSense
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
• By emailing us
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 1 business day
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
• Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.