PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE OR SERVICE, OR ORDERING PRODUCTS FROM THE COMPANY, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THIS SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE. THESE TERMS ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOG OFF IMMEDIATELY.
ACCEPTANCE OF TERMS AND CONDITIONS
CHANGES TO TERMS OR SERVICES
The Company reserves the right to make changes to its sites and policies, and to this Agreement at any time in its sole discretion and without notice. YOU SHOULD PRINT A COPY OF THIS AGREEMENT AND CHECK BACK FREQUENTLY FOR UPDATES. Your continued use of our sites or any purchased product or service following any future amendment constitutes your acceptance of any modified terms. If you have any questions regarding these terms, please contact customer service at firstname.lastname@example.org.
Once an order has been submitted, your credit card will be charged and you may not cancel the order except where required by law or otherwise permitted by these Terms. Your order will be promptly processed, and shipped in accordance with our shipping policies. Due to the high volume of orders we receive, we will be unable to stop order after submitted. PLEASE ORDER CAREFULLY.
REVERSALS AND CHARGEBACKS
The Company considers chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and will be treated as such. We reserve the right to file a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a user of the Website if there is fraudulent use and or theft of services. IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED WITH THE CARDHOLDER’S BANK, REFUND REQUESTS WILL BE DENIED TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.
CREDIT CARD PROCESSING AND DECLINES
In the event a credit card transaction is declined after the applicable product has been shipped and/or received, and you have not exercised your cancellation rights per these Terms, we reserve the right to reprocess the transaction in full. Contact customer service at email@example.com if you have additional questions regarding credit card declines.
MONEY BACK GUARANTEE
Refer to our Shipping and Return Policy.
All amounts are payable and charged at the time you place your order. When ordering, it is your responsibility to ensure that all information submitted to us is accurate. We may not be able to accept corrections after your order is placed. If accepted, any corrections submitted after you place an order may significantly delay the shipping of your order. We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with us. We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances that we deem appropriate at our sole discretion. We also reserve the right, at our sole discretion, to take steps to verify your identity in connection with your order. We will either not charge you or refund the charges for orders that we do not process or cancel.
The Company sites contain links to third-party websites, resources, and advertisers that may not be affiliated with the Company. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall we or our affiliates, representatives or agents be held responsible or liable, directly or indirectly, for any liability, loss or damage, including bodily or personal injury, death, or property damage, caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external site’s administrator or webmaster.
SITE CONTENT AND CONTENT RIGHTS
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or sites; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services or Sites. Content includes without limitation User Content. Any information submitted on the site is subject to the terms of which are incorporated herein. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the sites, nor any offensive, defamatory or obscene posting made by any user. Under no circumstances will Company or its affiliates, representatives or agents be liable for any liability, loss or damage, including bodily or personal injury, death, or property damage, caused by your reliance on information obtained through the content on the sites. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or other content, including but not limited to financial, health, medical, or lifestyle information, opinion or other content.
USER DATA, REVIEWS, TEST DATA, COMMENTS, EMAILS, AND OTHER CONTENT; OWNERSHIP AND REMOVAL
Visitors and users may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, you grant the Company and its affiliates, representatives and agents a nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and its affiliates, representatives, agents and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy or any intellectual property rights of any third party and will not cause injury to any person or entity. You will indemnify, defend and hold harmless Company and its affiliates, representatives and agents from and against all claims, liability, loss or damages resulting from Content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any Content posted by you or any third party. Test data or testing results may be gathered from beta tests, or quantitative testing via the site or third-party tools. You can remove your User Content by deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the sites. Company and its associates are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any Content, graphic, form, or document from the site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sublicense, or offer for sale any information contained on, or obtained from, the site. Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of other persons by electronic or other means to send unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the Content of the site other than for your personal use; and unauthorized framing or linking to the site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
DISCLAIMER OF WARRANTY
THE SERVICES AND ANY PRODUCTS SOLD ON THIS SITE AND ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, EXCEPT AS MAY BE EXPRESSLY SET FORTH ON ANY INDIVIDUAL PRODUCT OR IN ANY PACKAGING DELIVERED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE ACCORDING TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATIONS OF RIGHTS. We assume no liability or responsibility for any errors or omissions in the content of the Services or Site, that defects will be corrected, or that any Company site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the site; any losses or damages arising from the use of the content provided on the sites; or any conduct by users of the site, either online or offline. We do not warrant or make any representations regarding the use or the results of the Services or any products sold on the Site, or with respect to any information or materials provided on the Site, including with respect to their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE COMPANY’S SOLE OR ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED FROM THE COMPANY.
The foregoing limitations of liability shall only apply to the extent permitted by law. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
The site may provide links to other websites or resources not directly affiliated with Company. We have not reviewed these sites and we are not liable for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company site. We make no representations, warranties or guarantees whatsoever with respect to any products or services that you purchase from a third-party site that links to or from any Company sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the quality, accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Company and its affiliates, representatives and agents concerning such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Company nor its affiliates, employees, directors, managers, owners, officers, representatives or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this site. No link to the site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Company.
YOUR MEMBERSHIP ACCOUNT
You are solely responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer and personal information, and you agree to accept responsibility for all activities that occur under your account or password. If you are under eighteen (18) years of age, you may use our website and products only with involvement of a parent or guardian. Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from the Company are made according to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
The company and its associates attempt to be as accurate as possible. However, the Company makes no warranty that any product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to return it in unused condition and request a refund from the Company.
You agree to defend, indemnify, and hold harmless the Company, its affiliates and its and their officers, directors, managers, owners, employees, representatives and agents, from and against any and all losses, damages, claims, actions,, judgments, settlements, awards, fines, demands costs or expenses of whatever kind, including, but not limited to, reasonable legal and accounting fees and costs of enforcing this indemnification, incurred or sustained by them arising out of or resulting from, directly or indirectly, (i) your use of the site, (ii) your breach of these Terms, (iii) your infringement of any intellectual property or privacy right of any person or entity, or (iv) your use of any Company products (a) other than as explicitly directed by the Company, (b) in conjunction with other products other than as recommended by the Company, or (c) against the advice of any medical or other professionals. Company shall provide notice to you promptly of any such claim, suit, or proceeding and, upon request, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit, or proceeding.
GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
DISPUTE RESOLUTION AND BINDING ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
THIS SECTION IS INTENDED TO BE INTERPRETED BROADLY AND GOVERNS ALL DISPUTES BETWEEN YOU AND THE COMPANY OR ITS AFFILIATES, REPRESENTATIVES OR AGENTS. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, STATUTORY, FRAUD, MISREPRESENTATION, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR ANY OTHER COMPANY POLICY, OR YOUR PURCHASE OF PRODUCTS OR USE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
By agreeing to these Terms, you agree to resolve all disputes with the Company as follows:
Any dispute governed by this Section shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (https://www.adr.org/Rules) or Consumer Arbitration Rules (https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) as applicable, excluding any rules or procedures governing or permitting class actions or class arbitrations. The United States Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Company will pay the fees invoiced by AAA, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
Any arbitration shall be initiated in Travis County in the State of Texas, United States of America, and you and the Company agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
This website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. Intellectual Property is the exclusive property of the Company. You specifically acknowledge that this Agreement does not confer upon you any ownership interest in or license or other right to use any trademark or service mark of Company or its Affiliates unless you first receive the prior written consent of Company, which Company may grant or withhold in its sole discretion.
The copyright in all materials provided on the site is owned by the Company or its affiliate(s). Subject to the following exception, none of the material contained in the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Company. Site visitors may only view, copy, print and download the materials on the site for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Company and its affiliates and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related patents and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site.
Company reserves the right to terminate your access to the site or any of its services if it determines that you do not comply with these Terms, have provided false, inaccurate, or incomplete information during our registration process, have engaged in any conduct that would otherwise harm any of Company’s rights or interests in its site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Services and site and destroy all materials obtained from such site and all copies thereof, whether made under these Terms or otherwise.
The information contained on this website is for informational use only and should not be construed as medical advice. Read the entire label before using any Company product and follow all directions. Statements made by Company have not been evaluated by the United States Food and Drug Administration (the “FDA”) or any other regulatory or governmental body. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use products as per instructions and always watch for any allergic reactions. The information presented on this site is not presented to diagnose any disease or condition or prescribe any treatment. In the event that any individual should use the information presented on this site without a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s approval, that individual will be diagnosing for him or herself. No responsibility is assumed by the Company, its affiliates, representatives or agents of this information should the information be used in place of a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease. By using the site, you agree to comply with all applicable laws and regulations of the United States and the jurisdiction in which you reside. The material provided on the site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. The company makes no representation that materials contained in the site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services or site from other locations outside the United States do so at their initiative and are responsible for compliance with applicable laws and regulations.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, pandemic, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.