Terms & Conditions

ActiveTek USA TERMS OF USE AND CONDITIONS FOR SALE

PLEASE REVIEW THE SALES, SHIPPING, REFUND AND RETURN POLICIES BELOW BEFORE PURCHASING MERCHANDISE AS PART OF A TRIAL PLANS ON ActiveTek USA (“WEBSITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF MERCHANDISE FROM THE WEBSITE (“MERCHANDISE”) PURSUANT TO A SUBSCRIPTION PLAN. BY ACCEPTING THESE TRIAL SALE TERMS AND CONDITIONS THROUGH THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE ActiveTek USA (“WE”, “US,” AND “OUR”) TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

Member User Agreement

You must read and agree to these Terms and Conditions before placing Your order for ActiveTek USA Products. By placing Your order for ActiveTek USA Products You agree to be bound by the following Terms and Conditions:

ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“I”, “You”, “Your” or “Customer”), and ActiveTek USA, the owner and administrator of this Website and all content and functionality contained herein (“Our”, “Us”, or “Company”) (collectively, the “Parties” or “We”). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms”, “Terms of Use” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).

ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with ActiveTek USA through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.

These Terms of Use constitute the entire agreement between ActiveTek USA and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I Agree”; “Place My Order”; “Submit” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.

You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the

I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that ActiveTek USA is not intended or to be used to treat any type of medical condition. WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.

Arbitration Agreement

You and ActiveTek USA agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us relating to our web site, the services provided through our web site, any transaction or relationship between us resulting from your use of our web site, communications between us, or the purchase, order, or use of ActiveTek USA services and/or products, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. You and ActiveTek USA further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAAs Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute.You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, ActiveTek USA will promptly reimburse you for any standard filing fee which may have been required under AAAs Procedures once you have notified ActiveTek USA in writing and provided a copy of the arbitration proceedings. However, if ActiveTek USA is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys fees and costs to ActiveTek USA, including the filing fee.

Class Action Waiver

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one persons claims against ActiveTek USA and may not preside over any kind of representative or class proceeding against ActiveTek USA. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties agreement to arbitrate shall be null and void.YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST ActiveTek USA IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND, NOT USE THE PRODUCT OR WEB SITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.

Product Prices

Trial Offers

The Fitness Tracker Smartwatch 3-Day day trial offer includes automatic enrollment for our 30-day trial for Active Fit (early access) full access. Just pay $9.97 for shipping & handling to have your Fitness Tracker Smartwatch shipped to you. 3-Days after the initial order date, we will automatically charge $139.97 one-time for your Fitness Tracker Smartwatch, to the same card you provided when you signed up for the trial offer. If, for any reason, you are not satisfied with the Product, you may cancel your account at least one (1) business day before the end of the 3-Day trial period ends to avoid paying for the Product and to cancel your Fitness Tracker Smartwatch subscription. See subject to the terms described below.

The Active Wireless HiFi Earbuds 3-Day day trial. Just pay $10.97 for shipping & handling to have your Active Wireless HiFi Earbuds shipped to you. 3-Days after the initial order date, we will automatically charge $129.97 one-time for your Active Wireless HiFi Earbuds, to the same card you provided when you signed up for the trial offer. If, for any reason, you are not satisfied with the Product, you may cancel your account at least one (1) business day before the end of the 3-Day trial period ends to avoid paying for the Product and to cancel your Active Wireless HiFi Earbuds subscription. See subject to the terms described below.

Recurring Membership Program

The Active Fit (early access) 30-day Trial. Every thirty (30) days after the initial order date, we will automatically charge $29.97, to the same card you provided when you signed up for the trial offer so that you can continue your subscription for access to Active Fit (early access) subscription. If, for any reason, you are not satisfied with the service, you may cancel your account at least one (1) business day before the end of the 30-day subscription renews. Your subscription will be renewed every 30-days until cancelled.

Please note that we calculate the day trial period and Subscription Term in calendar days (Monday thru Sunday), not business days. See customer service contact information to reach us.

Return and Refund Policy

Before End of Trial PeriodsTo cancel your account and void the full charge for to keep your Product, you must contact customer service at (855) 408-9983 and obtain instructions to return your trial supply at least one (1) business day before the end of your trial period. Our customer service will issue you a Return Merchandise Authorization (“RMA”) number.You must write the RMA number clearly on the outside of your return package and send the return shipment to the address provided by our customer service agent.You are responsible for paying all costs related to shipping the trial supply back to us using the RMA number.Your return package must be received by us within 10 days after you receive the RMA number. If we do not receive your return package within that time period, you will be charged for the cost of the Product, but you will be canceled from our recurring shipping program.Please note that we do not accept or process packages marked “Return to Sender” or that do not otherwise have the RMA number marked clearly on it.

After Trial Period

We do not accept returns or provide refunds for any shipments made after the trial shipment. You can contact our customer service department at least one (1) business day before the end of each Subscription Term to cancel your enrollment in the recurring shipping program and avoid further charges.

Customer Service

To cancel and avoid further charges for the trial shipment and/or to cancel enrollment in the auto delivery program, contact our customer service department by phone at (855) 408-9983.

Privacy Policy

Please review our online Privacy Policy for information about our collection and use practices with respect to your personal information provided through use of this site.

Limitation of Liability

By placing a trial order, or participating in the recurring shipping program, you agree that we and our owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, any failure or delay by us in connection with the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, the performance or non-performance of the web site, the trial offer, the recurring shipping program, even if we have been advised of the possibility of damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your information. Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.

Disclaimer of Warranties With Respect to Use of Web Site

We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We are not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, including without limitation that they will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to them. Some states do not allow the limitation of liability and disclaimer of implied warranties, so the disclaimers and limitations above may not apply to you.

Modification or Suspension of Web Site

You agree that ActiveTek USA, in its sole and absolute discretion, may make, and at any time, modify, alter, discontinue, or suspend its operation of this web site, or any part thereof, temporarily or permanently, without notice to you, and you agree that ActiveTek USA will not be liable for the consequences of doing so.

Website Audience

This web site is not intended for adults only and not for anyone less than 18 years of age.

Ownership and Protection of Intellectual Property

The web site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ActiveTek USA, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit to use the web site and order Product for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our web site, except to store copies of such materials in RAM incidental to your accessing and viewing those materials or store files that are automatically cached by your Web browser for display enhancement purposes.

The company and any product names, such as ActiveTek USA, and all related names, logos, products and service names, design and slogans are trademarks of ActiveTek USA or its affiliates or licensors. You must not use such marks without the prior written permission of ActiveTek USA. All other names, logos, product and services names, designs and slogans on this web site are the trademarks of their respective owners.

Indemnification

You agree to defend, indemnify and hold harmless ActiveTek USA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys fees) arising out of or relating to your violation of these Terms or your use of the Product, including, but not limited to any use of the web sites content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the web site.

Governing Law

The laws of the State of California, without regard to its conflict of law principles, will govern these Terms.

Geographic Restrictions

ActiveTek USA is based in the state of California in the United States. We provide this web site for use only by persons located in the United States. We make no claims that the web site or any of its content is accessible or appropriate outside of the United States. Access to the web site may not be legal by certain persons or in certain countries. If you access the web site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE ASSERTED IN AN ARBITRATION PURSUANT TO THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

These Terms make up the entire agreement between us and you relating to the this web site and the products or services offered herein and replace any prior understandings or agreements (whether oral or written) regarding the web site the products or services. If any of these Terms sh+all become invalid or unenforceable, the remaining terms shall remain in full force and effect.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.