1. Terms of Sale
These Terms of Sale, in their present form and as amended from time to time at the sole discretion of TLC, are incorporated into and form an integral part of the Customer Agreement. Throughout these Terms of Sale, when the term “Customer Agreement” is used, it collectively refers to these Terms of Sale, the Preferred Customer Application for Enrollment (paper or digital) (as applicable), the TLC SmartShip Agreement (where applicable), the TLC Shipping Policy, the TLC Return Policy, and the TLC Terms of Use, all in their current form or as amended by TLC from time to time in its sole discretion. These documents are incorporated by reference into the Customer Agreement and are applicable to all orders you make as a consumer to purchase or acquire any TLC Products (whether for consideration or free of charge). Please carefully read the Terms of Sale together with all other documents included in the Customer Agreement before placing an order to purchase or acquire a TLC Product (whether for consideration or free of charge). By placing an order to purchase or acquire a TLC Product (whether for consideration or free of charge), you also agree that you have read and understand the TLC Privacy Policy.

1.1 Definitions:
(a) “Customer” means anyone who purchases or otherwise acquires TLC products.
(b) "Distributor" means any person who promotes the sale of the Products. A Distributor also includes a “Product Influencer” or "Life Changer," and this agreement uses all terms synonymously.
(c) "Products" means all products TLC or any party associated and/or connected to TLC supplies, whether for consideration or free of charge.

2. Requirements for Orders
You must be 18 years of age or the legal age to enter into a binding contract in the jurisdiction in which you reside (whichever is older) to be able to place an order or acquire a TLC Product (whether for consideration or free of charge).

3. Customer Service
TLC Customer Service answers customer-related questions via the toll-free number, 888-852-9970, or via e-mail at info@totallifechanges.com.

4. Your Orders
You are able to make orders through the websites that TLC manages and/or makes available, whether through Life Changers, Product Influencers, Customers, or otherwise (collectively referred to as the “Websites”). You have the option to place one-time orders (“Standard Orders”) and/or orders with automatic delivery service (“SmartShip Orders”). If not otherwise specified in these Terms of Sale, the term "Order" refers to both standard orders and SmartShip orders.

Upon receipt of your Order, you will receive a confirmation email that includes your Order details (the “Confirmation E-Mail Message”). We recommend that you print or save this Confirmation E-Mail Message for your records. The Confirmation E-Mail Message constitutes a legally binding purchase contract between you and TLC.

4.1 Standard Orders
Before placing a Standard Order, you have the option to review and change your purchase order details. When you make a Standard Order, TLC stores your order details.

4.2 SmartShip Orders
When a SmartShip order is processed, you give your consent for TLC to ship your ordered products on a monthly basis:
(i) on the automatic delivery date you specified during the enrollment; or
(ii) up to three (3) days before the automatic delivery date, when the original automatic delivery date coincides with a weekend or a holiday. TLC ships SmartShip orders on the automatic delivery date, and therefore, you will receive such orders after this date.

Before enrolling in SmartShip, you have the option to review and change your order details. When a SmartShip is created, TLC stores your order details. We will send you an e-mail message confirming your SmartShip order.

Your Confirmation E-Mail Message forms a legally binding sales agreement between you and TLC. A SmartShip Agreement will come into force when you first enroll in SmartShip and will remain in force until you cancel your SmartShip enrollment.

You are not required to make a minimum purchase order. You can make changes to your SmartShip enrollment by contacting TLC Customer Service via our toll-free number, 888-852-9970, or email indicated below. TLC must receive changes, including cancellations, suspensions, or delays to SmartShip enrollments at least five (5) calendar days before the automatic delivery date, even if the automatic delivery date falls on a holiday or weekend. TLC will apply changes to SmartShip enrollments made less than five (5) calendar days prior to the automatic delivery date starting the following month. To cancel your SmartShip enrollment, please contact TLC Customer Service by calling the toll-free number 888-852-9970, or by sending an e-mail message to info@totallifechanges.com.

5. Income Tax Liability
TLC Preferred Customers have the additional ability to earn “points” toward purchasing TLC products. One (1) point is the equivalent of one US dollar ($1.00 USD). Federal law considers points to be taxable earnings and therefore, Preferred Customers must report such points to the Internal Revenue Service (IRS), should a Preferred Customer earn at least 600 points (equal to $600) in a calendar year. When a customer earns a minimum of 600 points, the customer must provide a Social Security number for IRS reporting purposes. At the end of the year, TLC will send the Preferred Customer a 1099 for these earnings.

6. Prices and Payment
All prices are in USD. Prices do not include taxes, where applicable by law, or shipping and handling charges. Regardless of payment method (direct debit, credit card, or PayPal), TLC will charge your account/card immediately. If you have a SmartShip enrollment, TLC will charge your account/card every month on the automatic delivery date.

7. Delivery
Click here for information on available shipping methods and related expenses.

8. Product Availability and Order Processing
TLC cannot guarantee how long it will take to ship or deliver your products. Any information provided on the Websites regarding shipping are estimates. We will send you an e-mail if one of the products ordered is temporarily unavailable or on backorder. If you have ordered multiple products and one of them is temporarily unavailable or on backorder, TLC will send the available product or products to you first. As soon as the temporarily unavailable or back-ordered product becomes available again, TLC will send the product to you immediately without additional costs.

If you would like to cancel a SmartShip order for a product that is temporarily unavailable or on backorder for a refund, you may do so by calling TLC Customer Service at 888-852-9970 or by emailing info@totallifechanges.com.

In the exceptional case in which an ordered product is permanently unavailable, we will send you an e-mail informing you that we cannot complete the order and will reimburse any payments you may have made.

9. Return Policy for Purchased Products
For a copy of the TLC Return Policy, please click here.

10. Retention of Ownership
The products TLC supplies remain TLC’s property until the customer has completed the payment and has received the products.

11. Product Defects Disclaimer
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AS RELATED TO TLC PRODUCTS.

12. Amendments to Customer Agreement
The current version of these Terms of Sale together with all documents included in the Customer Agreement can be found under the Links section at the bottom of the TLC-owned sites; the validity date is shown at the bottom of the document.

We reserve the right to update and/or amend these Terms of Sale together with all documents included in the Customer Agreement at any time. TLC will post any and all updates on the Websites.

13. Dispute Resolution, Arbitration, Class-Action Waiver, and Jury
Although we hope that any dispute with you will not occur, we believe that when these disputes do arise it is in the mutual interest of all involved to handle them promptly and with minimal disturbance. Accordingly, to provide for more expeditious resolution of “Claims” between you and TLC, you agree to the following dispute resolution procedures:

(a) A “Claim” is any dispute or claim due to, related to, or arising out of your participation as a Customer, any transaction or relationship between you and us resulting from your participation as a Customer and/or purchase of products, including the purchase of TLC products as a Customer, the information provided in connection with your participation as a Customer, and including, without limitation, tort and contract claims, claims based on any international, federal, state, or local statute, law, order, ordinance, or regulation made between you and TLC against one another’s agent, employee, subsidiary, affiliate, predecessor in interest, successor, assign, parent, affiliate, subsidiary, or related company.

(b) Informal Resolution. Except where prohibited by law, or unless otherwise provided in this Agreement, you and TLC agree that as a prerequisite to proceeding with a Claim you and TLC agree to make a good faith effort to informally resolve any Claim. To initiate this process, the party asserting the Claim must provide the other party with written notice of the Claim by registered or certified mail (or other method as agreed to between the Parties) and shall describe in such notice, with reasonable particularity, the nature and basis of the Claim and the total amount of the Claim, if known at the time. Within thirty (30) calendar days of receipt of such notice, the party receiving the notice shall provide a written response which, with reasonable particularity, sets forth its position concerning the Claim. If the Parties are unable to resolve the Claim by good faith negotiations to be conducted within thirty (30) calendar days of the noticing party receiving the opposing party’s response statement, the Parties agree to seek the assistance of a mediator (which they mutually select) in an attempt to mediate and resolve the Claim. If the parties are unable to agree on the appointment of a mediator within ten (10) calendar days following either party’s written request for mediation, the mediation shall be conducted by a neutral mediator appointed by ADR Services, Inc. based in Los Angeles, California. The mediation shall take place within thirty (30) calendar days of the appointment of a mediator by ADR Services. The mediator's fees shall be paid for by the party bringing the Claim, and mediation shall be held by video conference, telephone, or in person, as agreed by the Parties. The informal dispute resolution process is a prerequisite to commencing any litigation or arbitration as specified in this Agreement.

(c) Arbitration. Except as otherwise provided in this Agreement, you and TLC agree that any Claim not resolved through mediation shall be resolved by final, binding arbitration before a single arbitrator. The arbitration shall take place in the county in which you reside unless the Parties mutually agree otherwise. The arbitration shall be conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures, except as otherwise provided in this Agreement. The arbitrator shall apply the substantive law of the State of California, except to the extent that the Federal Arbitration Act applies. The arbitrator shall have the authority to award any remedy that would have been available in court, except that the arbitrator shall not have the authority to award punitive damages, treble damages, or any other damages that are not compensatory in nature. Any arbitration under this Agreement shall be held on an individual basis; class arbitrations and class actions are not permitted. By agreeing to this Agreement, you and TLC are each waiving the right to a trial by jury or to participate in a class action.

(d) Small Claims Court. As an alternative to arbitration, you may pursue your Claim in your local “small claims” court if you meet the court’s requirements for the claim. If you elect to pursue a Claim in small claims court, you must provide TLC with written notice of your intent to do so by registered or certified mail at least sixty (60) calendar days prior to filing a small claims court action. Such notice shall describe the nature of the Claim, the amount of the Claim (if known at the time), and the relief you are seeking.

(e) Limitations on Arbitration. Notwithstanding the above, either party may seek and obtain injunctive relief to enforce the restrictions of non-solicitation and non-disclosure in any court of competent jurisdiction.

(f) Class Action Waiver. To the maximum extent permitted by law, the parties expressly agree to waive any right to assert any claims against the other party as a representative or member in any class or representative action. The parties further agree to waive any right to pursue a claim in a private attorney general capacity.

(g) Limitation on Damages. Except as prohibited by law, each party agrees that they are not entitled to recover punitive, treble, or any other damages that are not compensatory in nature, and the parties agree that any arbitration or court proceeding shall be limited to compensatory damages.

14. Governing Law
The Customer Agreement, including these Terms of Sale, and any claims arising out of or related to the Customer Agreement, shall be governed by the laws of the State of California, without giving effect to any conflict of laws principles that would require the application of the laws of a different jurisdiction. Any legal action or proceeding related to this Agreement shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to the jurisdiction and venue of such courts.

15. Entire Agreement
These Terms of Sale, together with all documents incorporated by reference into the Customer Agreement, constitute the entire agreement between you and TLC concerning the subject matter hereof and supersede all prior agreements, representations, and understandings of the parties with respect to the subject matter of this Agreement.

16. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

17. Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach. TLC’s failure to insist on strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive TLC of the right to insist on strict adherence to that term or any other term of this Agreement in the future.

18. Changes to Customer Agreement
We reserve the right to update and/or amend this Customer Agreement, including these Terms of Sale, at any time. TLC will post any and all updates on the Websites. Your continued use of the Websites and/or your purchase or acquisition of any TLC products after the effective date of any update or amendment shall constitute your agreement to such update or amendment.

19. Headings
The headings in these Terms of Sale are for convenience only and shall not affect the interpretation of these Terms of Sale.