Last Update: October 2020
Our store is hosted by WordPress. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
CUSTOMER AND ACCOUNT
You represent that you are at least eighteen (18) years old, you are not under any legal or other disability which limits your ability to comply with these Terms, the information you provide in connection with your account is accurate, and you are not purchasing the products offered for sale at this Site (“Products”) for resale to others. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Data generated in connection with your use of your account at this Site are the property of Smile Bariatric. Smile Bariatric, in the exercise of its reasonable business judgment, reserves the right, on a case by case basis, to refuse to sell Products, terminate accounts, and cancel orders.
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 Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date.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.
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 Smile Bariatric.
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 Smile Bariatric visitors and customers) are owned by such third parties. No license is granted by Smile Bariatric 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 expressed 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.
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.
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. SMILE BARIATRIC 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 SMILE BARIATRIC 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, SMILE BARIATRIC 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 SMILE BARIATRIC, 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 Smile Bariatric 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.
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 Smile Bariatric products.
You agree to indemnify, defend and hold Smile Bariatric 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.
SMILE BARIATRIC SUBSCRIPTION TERMS
THESE SMILE BARIATRIC SUBSCRIPTION TERMS (“AGREEMENT” OR “TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND LIFEBOOST LLC D/B/A SMILE BARIATRIC (“WE”, “Smile Bariatric”, OR THE “COMPANY”,), THE OWNER AND OPERATOR OF THE WWW.SMILEBARIATRIC.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR PURCHASE OF THE SUBSCRIPTION SERVICES AND PRODUCTS SOLD THROUGH OUR SITE. BY CLICKING “I ACCEPT” OR BY ACCESSING AND USING ANY OF THE PRODUCTS OR 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, PURCHASE OR USE PRODUCTS OR SUBSCRIPTIONS FROM SMILE BARIATRIC.
By signing up for a Subscription (as defined below), you represent, acknowledge, and agree that you are at least 18 years of age.
We reserve the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Agreement.
Smile Bariatric Subscription Benefits
Comprehensive Protection Plan: As a Smile Bariatric subscriber, you will be automatically enrolled in a comprehensive protection plan for all products and devices (“Equipment”) received from Smile Bariatric for one year as long as you are in good standing. In the event that a Tespo Connect dispenser, Tespo Go, or Tespo Cup becomes defective for any reason you will receive a replacement free of charge. Exclusions do apply and we reserve the right to review any warranty claim. Proof of purchase or requested video of Smile Bariatric products may be required in order to file a warranty claim. Failure to provide proof of purchase may void the warranty. In order to receive the replacement Equipment, you can call 844-912-1426, or contact customer service at info@SmileBariatric.com.
Subscription Charge: You will be billed monthly in advance for your Subscription. Shipping is included in the monthly Subscription Fee. Additional shipping charges may be applied to your account based on location outside of the continental US. Any shipping charges will be removed from any refunds offered unless otherwise specified.
Credit Cards and ACH Direct Payments: 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 Smile Bariatric 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 Smile Bariatric, 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 questions 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.
Past Due Accounts: If your account is past due, we reserve the right to terminate or suspend your subscription. If your account is more than 60 days past due, we reserve the right to report your account status to credit reporting agencies. If you fail to pay the past due amounts, we may turn your account over to a collection agency and we reserve the right to pursue legal action to the fullest extent allowed under the law. If your account is past due, you also must pay any and all collection costs (including collection agency fees, court costs, and legal fees) we might incur in connection with your past-due account. Please contact our customer support team as in many cases we will work with you within a reasonable degree. Our willingness to work with respect to a past due account in no way voids your responsibility to bring your account up to date.
Cancel at Any Time: You can cancel your Smile Bariatric subscription at any time by simply completing a cancellation form and contacting customer service. If you are eligible for a refund you must return the Equipment in good working condition to avoid Equipment charges. Customers who are leasing the dispenser through the membership program must pay a $25 return shipping fee.
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 while in your possession. Smile Bariatric is not responsible for the maintenance or repair of Smile Bariatric Subscriber-provided equipment. Smile Bariatric 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.
Termination by Smile Bariatric Subscriber: Unless otherwise terminated, this Agreement and your subscription shall automatically renew on a month-to-month basis. You acknowledge that upon such renewal all pricing is subject to change. To terminate any recurring service, you must complete a cancellation form and call 844-912-1426, or mail a hard copy, written notice of termination to Smile Bariatric delivered to 46701 Commerce Center Drive, Plymouth, MI 48170. Returns will not be accepted without prior authorization.
Pausing Shipments: You may pause your Smile Bariatric orders at any time before the order has shipped. The order fulfillment process is automated and cannot be stopped once your order has begun processing. You may pause your subscription as many times as you want. To guarantee your shipments will not process, you must contact customer service.
Care of Smile Bariatric Property and Service: You agree that neither you nor any other person (except Smile Bariatric‘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 the Smile Bariatric User Guide. You can contact Smile Bariatric customer service at 844-912-1426 if you have Equipment care questions or you can refer to www.Smile Bariatric.com/FAQ for additional care instructions.
30-DAY HAPPINESS GUARANTEE
We want you to be fully satisfied with your Smile Bariatric products and the Tespo Connect dispenser. If you are not satisfied, you may return the dispenser for a refund of the purchase price, minus shipping and handling, within 30 days from your original order date. Smile Bariatric will also refund the most expensive vitamin product purchased if a return is requested within 30 days of the account's first order date. The item must be returned in the original packaging, in good condition, and with proof of purchase. Returns will not be accepted without prior authorization from Smile Bariatric. At this time, Smile Bariatric does not accept returns for products purchased from a 3rd party retail partner.
Unfortunately, once an order is in process, we are unable to edit or cancel the order. If you purchase a dispenser and cancel within 48 hours there will be a $25 stop-shipment fee to cover the costs incurred to stop the order.
Please keep in mind that it can take seven (7) to ten (10) days for you to receive credit back on your credit card statement, depending on your bank.
To return a Smile Bariatric product, please contact us via chat at getSmile Bariatric.com, via email at info@SmileBariatric.com, or via phone at 844-912-1426. We’re available Monday-Friday from 9am-6pm ET and Saturday from 10am-2pm ET. If you contact us outside of business hours, we’ll get back to you within 24 hours on business days. If we don’t, just ping us back. We sincerely want to hear from you and it’s our mission to make you SMILE!.
In order for us to process your return, you'll need to obtain a Return Material Authorization number. Smile Bariatric will not accept returns without prior authorization and an RMA number.
Please carefully read the conditions below. If conditions are not met, Smile Bariatric reserves the right to refuse the return. Please note, Smile Bariatric is not responsible for returns sent to us without prior authorization and an RMA number.
Smile Bariatric subscribers can cancel their active subscription at any time if the request is made 24 hours before an order processes. A cancellation cannot be guaranteed without completing a request to Smile Bariatric customer support via email, phone, or chat and receiving confirmation of the cancellation. The customer service team will follow up and provide confirmation of the cancellation within 24 hours. All emails to Smile Bariatric will receive an automatic confirmation so please keep this confirmation for your records. Smile Bariatric customer support can be reached at 844-912-1426 or info@gSmileBariatric.com and we would be happy to assist you.
REFUNDS AND EXCHANGES
We value you as a customer and want you to love Smile Bariatric products! You have the option of receiving a refund for the full amount of one (1) pod and one (1) dispenser, minus shipping and handling, if returned within 30 days of the original order date.
Refunds for purchases made by credit card may take up to 7-10 business days for a credit to appear on your credit statement.
PRODUCT SPECIFIC RETURNS
Vitamins & Supplements – Smile Bariatric does not accept returns or offer refunds on vitamin pods after 30 days from the account’s original purchase, even if the pods haven’t been opened or are still in their original packaging, per FDA regulations.
LIMITATION OF LIABILITY: IN NO EVENT WILL SMILE BARIATRIC, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THIS AGREEMENT. IN NO EVENT SHALL SMILE BARIATRIC HAVE ANY LIABILITY TO YOU IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT.
Choice of Law; Venue: 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.