CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE
ORDERING
ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a binding Agreement (the
"Agreement") between you, the individual or
entity
accessing, using or purchasing Product from this Website
("you," "your" or
"Customer")
and {{brand.name}} ("{{brand.name}},"
"we," "our" or "Company")
the owner and administrator of this Website and all
content
contained herein (collectively, "Website").
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE
{{brand.name}}
{{brand.phoneNumber}}
{{brand.address}}
The following terms and conditions are a legally binding
agreement which govern your use of our website and
purchase
of products on our website. Please review
the entire agreement carefully. When you submit an order
for
our product, you are certifying that you have read and
agree
to all terms and conditions contained
in this agreement.
By ordering Products from Us, You authorize us to charge Your credit card accordingly. Please be aware that the descriptor (or subject line) that appears on Your credit card statement will appear as {{brand.product.descriptor}}. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department.
You will be subjected to a one-time charge plus shipping for the purchase of any of our straight sale products. Shipment via United States Postal Service (USPS) typically takes {{brand.shippingLength}}.
{{brand.product.options[0].type}}By placing an order, you agree to the full Terms and Conditions and Privacy and Policy as well as enrollment into our monthly auto-ship program where you will immediately be billed the shipping and handling amount of {{brand.product.options[0].price.subOption1.shipping | currency}} and we will immediately ship you a bottle of {{brand.name}} {{brand.product.options[0].type}}. You have a {{brand.product.options[0].price.subOption1.trialLength}} day trial period. Your trial will begin upon receipt of {{brand.name}} {{brand.product.options[0].type}}. After your {{brand.name}} {{brand.product.options[0].type}} ({{brand.product.options[0].price.subOption1.trialLength}} days) has ended, your credit card will then be automatically charged the full retail price of {{brand.product.options[0].price.subOption1.rebill | currency}} and you will be shipped a recurring supply of {{brand.name}} {{brand.product.options[0].type}} every 30 days unless you take action to cancel your trial. For all MasterCard transactions ONLY, within 5 days, you will receive an email requiring your response to activate the monthly auto-ship program. If you are happy with {{brand.name}} {{brand.product.options[0].type}} you are required to consent to the monthly auto-ship program in order to receive additional {{brand.name}} {{brand.product.options[0].type}}. You will be charged {{brand.product.options[0].price.subOption1.rebill | currency}} (FREE shipping and handling) for each recurring product that has shipped to you until you cancel. If our product is not right for you, simply call {{brand.phoneNumber}}, contact us via email at {{brand.email}}, or click on the Cancellation Link to cancel your auto-ship membership. Shipment via United States Postal Service (USPS) typically takes {{brand.shippingLength}}. Your credit card will be billed as “{{brand.product.descriptor}}” on your statement.
You will be subjected to a one-time charge plus shipping for the purchase of any of our straight sale products. Shipment via United States Postal Service (USPS) typically takes {{brand.shippingLength}}.
{{brand.product.options[1].type}}By placing an order, you agree to the full Terms and Conditions and Privacy and Policy as well as enrollment into our monthly auto-ship program where you will immediately be billed the shipping and handling amount of {{brand.product.options[1].price.subOption1.shipping | currency}} and we will immediately ship you a bottle of {{brand.name}} {{brand.product.options[1].type}}. You have a {{brand.product.options[1].price.subOption1.trialLength}} day trial period. Your trial will begin upon receipt of {{brand.name}} {{brand.product.options[1].type}}. After your {{brand.name}} {{brand.product.options[1].type}} ({{brand.product.options[1].price.subOption1.trialLength}} days) has ended, your credit card will then be automatically charged the full retail price of {{brand.product.options[1].price.subOption1.rebill | currency}} and you will be shipped a recurring supply of {{brand.name}} {{brand.product.options[1].type}} every 30 days unless you take action to cancel your trial. For all MasterCard transactions ONLY, within 5 days, you will receive an email requiring your response to activate the monthly auto-ship program. If you are happy with {{brand.name}} {{brand.product.options[1].type}} you are required to consent to the monthly auto-ship program in order to receive additional {{brand.name}} {{brand.product.options[1].type}}. You will be charged {{brand.product.options[1].price.subOption1.rebill | currency}} (FREE shipping and handling) for each recurring product that has shipped to you until you cancel. If our product is not right for you, simply call {{brand.phoneNumber}}, contact us via email at {{brand.email}}, or click on the Cancellation Link to cancel your auto-ship membership. Shipment via United States Postal Service (USPS) typically takes {{brand.shippingLength}}. Your credit card will be billed as “{{brand.product.descriptor}}” on your statement.
Any statements on this site or any materials or supplements distributed or sold by {{brand.name}} has not been evaluated by the Food and Drug Administration (FDA). This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
2. Refund Policy
2.1 We refund all cases of fraud and unauthorized transactions of the item cost. Call {{brand.phoneNumber}} to obtain a refund. Additional refunds are issued at the discretion of the company. We strongly encourage our valued customer to call our customer support staff to obtain RMA ( Return Merchandize Authorization) Number to help us expedite the refund process. Packages marked Return to Sender or refuse delivery may take longer than normal time to credit processing time. The refund will require 3 to 5 business days for approval. By hitting the Submit Button (order button) on our site shows that you are fully aware of and agree to all our terms of our stated refund and return policy.
2.2 Repetitive refunds are not permitted unless the
product,
as delivered to you, is defective. We reserve the right
to
refuse a refund to any customer who repeatedly requests
refunds or who, in our judgment, requests refunds
in bad faith.
2.3 In order to process your refund, you must
supply
us with your name and delivery address. If you provide
us
with insufficient or incorrect information
your refund will be delayed.
2.4 Once a refund has been approved please allow
for
up to 10 days for the refund to be applied.
2.5 Depending on the bank that issues the credit
card,
your refund can take up to ten (10) days to appear on
your
credit card statement. If you
have any questions about whether a refund has been
issued by
us, please call Our Customer Service Department.
2.6 Shipping and handling costs are not
refundable.
2.7 Return Policy
In order to obtain your refund for either opened or unopened packages, you must contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send the product back to our fulfillment center at the address listed below, within thirty (30) days from the receipt of order. In order for your refund to be processed the product must arrive at our fulfillment facility within thirty (30) days from the receipt of order. You pay for return shipping. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 10 business days to show in your statement, depending on the speed of the processing bank.
2.8 Cancellation Policy
During times when trial memberships are offered, you agree to accept the trial membership to the Site, which gives you a 30-day supply of our product, and by accessing the {{brand.name}} Services you authorize the charges set forth below and agree to the following terms and conditions:
2.8.1 Your trial membership will entitle you a 30 day supply of our product, within the trial program starting on the day you submit your trial membership application to the Site. Shipping may take {{brand.shippingLength}}, and we ship via USPS.
2.8.2 You agree that if you do not send us notice of cancellation of your trial membership within the trial period starting from your initial order, starting from the expiration of your trial membership term, we shall automatically and without further notice: convert your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION to {{brand.name}} Services, our auto-shipment program, at the standard one month membership rate; renew your monthly membership to the {{brand.name}} Services for successive periods of one month each at the then current standard one-month membership rate, which on our auto-shipment program will have a new 30-day supply sent to you every month.
2.8.3 The official standard one-month membership rates for the {{brand.name}} Services shall be set forth at the respective join pages of the site.
2.8.4 TO CANCEL AUTOMATIC RENEWAL, YOU MUST NOTIFY {{brand.name}} PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY FILLING OUT OUR CANCELLATION FORM.
2.8.5 TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY {{brand.name}} OF YOUR CANCELLATION BY FILLING OUT OUR CANCELLATION FORM.
2.8.6 All cancellations received by {{brand.name}} will be effective upon receipt, UNLESS in the trial program period.
2.8.7 You hereby acknowledge and agree that if you cancel your monthly membership, or if your membership is cancelled by us, your User ID will be removed from the system at the end of the then current monthly membership period and that you will be entitled to receive the full benefits of your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current monthly membership period. You agree that if you cancel at any time after purchasing a monthly membership to the Site, you will still be charged the full months membership fee.
2.8.8 You hereby authorize {{brand.name}} to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page) to pay for your trial membership fee and all monthly membership fees to the Site / our auto-shipment program. You further authorize us to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, the Site. You agree to be personally liable for all charges incurred by you during or through the use of the {{brand.name}} Services.
2.8.9 Payment for the services provided to you at, and/or through the Site may be made by automatic credit card debit and you hereby authorize {{brand.name}} and its agents to transact such payments on your behalf.
2.8.10 Unless and until you notify us that you wish to cancel or terminated your membership to the Site, you hereby agree and authorize {{brand.name}} or its designated agent or assignee to automatically renew your membership to the Site on a continuing monthly basis and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. You hereby further authorize {{brand.name}} or its designated agent or assignee to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to you by or though the Site.
2.8.11 You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for membership to the Site or other {{brand.name}} Services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your membership, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to {{brand.name}}. You agree that you will remain liable for any unauthorized use of the {{brand.name}} Services, until you have notified us by calling us at {{brand.phoneNumber}} .
2.8.12 You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to {{brand.name}} for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
2.8.13 You further acknowledge and agree that you will remain liable to {{brand.name}} for any unauthorized use of the {{brand.name}} Services associated with your membership.
3. Shipping Terms
When we ship the Product to you, our Standard
priority
mail service is shipped via the combined services of the
United States Postal Service (packages will be shipped
within {{brand.shippingLength}} from the order date).
Please
note that shipments are not sent out on Saturdays,
Sundays,
or any Holidays.
4. GENERAL
These terms and conditions apply to ALL
transactions
made on or through this Website. This Agreement is
intended
to be governed by the Electronic
Signatures in Global and National Commerce Act. You
manifest
your agreement to the terms and conditions in this
document
by any act demonstrating
your assent thereto, including clicking any button
containing the words "I agree" 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.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, "Terms"). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
5. PRODUCT RETURNS
5.1 How to Return Your Order
To return a Product for an exchange due to shipping
damage or when cancelling your order, you will need to
obtain a Return Merchandize Authorization
("RMA") number by contacting the Customer Care
Department {{brand.phoneNumber}} ( Customer Service US)
.
An RMA number can ONLY be obtained by contacting the Customer Care Department by phone.
Please Note:
We cannot process or exchange Product marked "Return to Sender." To ensure that your account is correctly noted, you must send back Product returns to the address provided below along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number. You will be subjected to a $9.95 re-stocking fee per each returned products. Product returns must be postmarked within five business days of receiving your Return Merchandize Authorization ("RMA") number to be eligible for a refund.
5.2 Return Address
Returned Products must be sent to the following
address:
{{brand.name}} Returns Department
{{brand.returnAddress}}
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
6. REPRESENTATIONS; DISCLAIMERS
It is our Company mission to provide our customers with
the finest Products
available. We want you to have the most accurate
information concerning the Product. The information we
communicate
to you about the Product is obtained from independent third
parties. We do not warrant or represent
that Information Sources are not error-free, nor do we
warrant any Information
Source or the methods that they use to arrive at their
conclusions.
All Product specifications, performance data and other
information on our Websites
are for informational and illustrative purposes only, and
do not constitute a guarantee or representation that the
Product will conform to
such specifications or performance data.
We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product.
7. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age
and
that you will not permit a person under 18 to order, or
use,
the Product. You represent
that the information provided by you when placing your
order
is up-to-date, materially accurate and sufficient for us
to
fulfill your order in
a timely and efficient manner. You are responsible for
maintaining and promptly updating your account
information
with us and keeping such information
(and any passwords given to you for the purposes of
accessing the Website and/or purchasing Products) secure
against unauthorized access. Unless
agreed otherwise or required by applicable law, any
warranties provided in relation to the Product only
extend
to you on the understanding that
you are a user, and not a reseller, of the Product. You
shall not re-sell, re-distribute or export any Product
that
you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
8. REJECTION, DAMAGE OR LOSS IN TRANSIT
We shall not be liable and you shall not be
entitled to
reject Product delivery, except for damage to the
Product or
any part thereof occurring
in transit (where the Product is carried by our own
transport or by a carrier on our behalf), and where we
are
notified of such damage within
five (5) business days of your receipt of the Product.
9. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR
NOT
COMPANY WAS AWARE OR ADVSED OF THE POSSIBILITY OF
DAMAGES,
AND WHETHER OR NOT THE LIMITED
REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL
PURPOSE,
OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT,
TORT OR ANY OTHER LEGAL THEORY)
SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE
PRODUCTS
YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE
LIABLE FOR SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST
REVENUE, OR COST OF COVER.SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU
"AS IS" WITH NO WARRANTY
WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS
SECTION, WE MAKE NO EXPRESS WARRANTIES OR
REPRESENTATIONS
AND WE DISCLAIM ALL IMPLIED
WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW
LONG IMPLIED WARRANTIES LAST,SO THE ABOVE LIMITATION MAY
NOT
APPLY TO YOU.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless
Company, its officers, directors, shareholders,
employees,
independent contractors, telecommunication
providers, and agents, from and against any and all
claims,
actions, loss, liabilities, expenses, costs, or demands,
including without limitation
legal and accounting fees, for all damages directly,
indirectly, and/or consequentially resulting or
allegedly
resulting from your misuse of
the Website, or your breach of any of these terms and
conditions of this Agreement. We shall promptly notify
you
by electronic mail of any such
claim or suit, and cooperate fully (at your expense) in
the
defense of such claim or suit. If we do not hear from
you
promptly, we reserve the
right to defend such claim or suit and seek full
recompense
from you.
11. NOTICES
Any notice or other communications arising in
relation
to this Agreement shall be given by sending an e-mail to
the
latest email address that
one party has notified in writing to the other. In the
case
of Company, the email address is {{brand.email}}. In the
case of sending notices
to you, Company will use the email address you provided
to
Company when you ordered your Product. Such notices or
communications (where properly
addressed) shall be considered received on the earliest
of
(i) the email being acknowledged by the recipient as
received; (ii) receipt by the
sender of an automated message indicating successful
delivery or the email having been opened; or (iii) the
expiry of forty-eight (48) hours
after transmission, provided that the sender has not
received notification of unsuccessful transmission.
12. TERMINATION
We reserve the right to terminate your access to or
use
of this Website and/or the Product should we believe
that
you have violated any of the
terms of this Agreement or if we believe you have
sought, in
bad faith, charge backs, credit backs, Product returns,
discounts or any other conduct
designed to injure, harass or disrupt this Website or
the
Company’s business operations.
13. FRAUD
We reserve the right, but undertake no obligation,
to
actively report and prosecute actual and suspected
credit
card fraud. We may, in our discretion,
require further authorization from you such as a
telephone
confirmation of your order and other information. We
reserve
the right to cancel,
delay, refuse to ship, or recall from the shipper any
order
if fraud is suspected. We capture certain information
during
the order process, including
time, date, IP address, and other information that will
be
used to locate and identify individuals committing
fraud. If
any Web Site order is
suspected to be fraudulent, we reserve the right, but
undertake no obligation, to submit all records, with or
without a subpoena, to all law
enforcement agencies and to the credit card company for
fraud investigation. We reserve the right to cooperate
with
authorities to prosecute
offenders to the fullest extent of the law.
14. SALES TAX
If you purchase any Products available on our
websites,
you will be responsible for paying any sales tax
indicated
on the Web Site.
15. INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein, are
the
sole and exclusive property of the Company or its
licensors.
No license or ownership
rights in or to any content of the Website are conveyed
to
you by reason of this Agreement or your purchase of
Product.
The Website and its content
are protected under the laws of copyright and trademark.
Unless otherwise permitted by law, you may not copy,
republish or transmit any portion
of the Website without Company’s prior written consent.
16. MISCELLANEOUS
Overdraft fees. In the event of overdraft of customer's account due to a charge for an original order or a reorder, the company is not liable for any customer's overdraft fees.
Assignment. This Agreement and the rights and liabilities
of
the parties hereto inure to the benefit of their
respective
successors and assigns.
Company may assign this Agreement to any successor
entity.
Customer may not assign without the written permission
of
Company.
Severability. If for any reason a court of
competent
jurisdiction or an arbitrator finds any provision of
this
Agreement, or any portion thereof,
to be unenforceable, that provision will be enforced to
the
maximum extent permissible and the remainder of these
Terms
and Conditions will continue
in full force and effect.
Attorneys’ Fees. In the event any Party shall commence
any
claims, actions, formal legal action, or arbitration to
interpret and/or enforce the terms
and conditions of this Agreement, or relating in any way
to
this Agreement, including without limitation asserted
breaches of representations
and warranties, the prevailing party in any such action
or
proceeding shall be entitled to recover, in addition to
all
other available relief,
its reasonable attorney’s fees and costs incurred in
connection therewith, including attorneys’ fees incurred
on
appeal.
No Waiver. No waiver of or by Company shall be
deemed a
waiver of any subsequent default of the same provision
of
this Agreement.
Headings. All headings are solely for the
convenience
of reference and shall not affect the meaning,
construction
or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and you’re ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications. Company reserves the right to change any
of
the provisions posted herein and you agree to review
these
terms and conditions each time
you visit the Website. Your continued use of the Website
following the posting of any changes to these terms and
conditions constitutes your
acceptance of such changes. Company does not and will
not
assume any obligation to provide you with notice of any
change to this document and
you acknowledge and agree to same. Unless accepted by
Company in writing, you may not amend these terms and
conditions in any way.
** Please email us anytime at {{brand.email}}. **