PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE WEBSITES, EMAIL AND INTERACTIVE AND MOBILE APPLICATIONS /www.maxerale.com ("SITE") WHICH ARE OWNED AND OPERATED BY Lobey Jaring Sales LLC("COMPANY") CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE APPLICATIONS AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE APPLICATIONS.
1. SCOPE & APPLICATION
1.1 You expressly agree and accept the legally binding terms set forth herein unconditionally as a binding contract ("the Agreement") enforceable by law. The following are the terms and conditions of purchasing /www.maxerale.com or any other Product on this Site. "Customer", "I", "You" or "Your" refers to you. "Site" means this World Wide Website located at the URL /www.maxerale.com. Lobey Jaring Sales LLC ("We", "Us" or "Our") reserves the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to Customer. Lobey Jaring Sales LLC agrees to inform Customer of any amendment to the agreement. Should Customer fail to object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amendment.
1.2 We reserve the right to update or change these Terms at any time by posting the most current version of the Terms. We will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Your continued use of the Site or Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site and Services.
1.3 By accessing the Site and Services you consent to have this Agreement provided to you in electronic form.
1.4 You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to firstname.lastname@example.org or send a letter and self-addressed stamped envelope to:
Lobey Jaring Sales LLC
PO Box 29038
Phoenix, Arizona, 36801
1.5 Purchasing Products and Services. By accepting an evaluation offer or making a purchase you agree to provide (i) true, accurate, current and complete information as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete.
1.6 To the extent that credit card-specific information is collected at the Website and any of our affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties other than our e-commerce partners for processing your transaction (and consumer credit agencies) without your prior informed consent. Notwithstanding the foregoing, the Company and our affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific users but they will not share specific credit card information with third parties without the user's prior informed consent.
2. CHARGES ON YOUR BILLING ACCOUNT
2.1 I, the cardholder, expressly agree to pay the full amount being charged to me upon checkout. I legally attest that information on this order form is true and correct and I am promising to pay the full amount owed. I understand that I can purchase a one time order or an evaluation order with auto-ship every 30 days.
2.2 If you purchase an upfront shipping-only, delayed billing version of our products, We will bill you for your online account using the billing information you provide (your "Billing Account") for use of the Service and you agree to be responsible for return shipping of the product should you wish to cancel during your two week period. You agree to pay Us all charges at the prices then in effect for your use of the Service using your Billing Account, and any applicable taxes, and you authorize Us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
2.3. For one time purchases, We will bill you for your online account using the billing information you provide (your "Billing Account") for use of the Service and you agree to be responsible for return shipping of the product should you wish to return it. You agree to pay Us all charges at the prices then in effect for your use of the Service using your Billing Account, and any applicable taxes, and you authorize Us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. Below is every option available.
Maxeral Test Booster
2.4. For purchases with a monthly auto ship, We will bill you for your online account using the billing information you provide (your "Billing Account") for use of the Service and you agree to be responsible for return shipping of the product should you wish to return it. You agree to pay Us all charges at the prices then in effect for your use of the Service using your Billing Account, and any applicable taxes, and you authorize Us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. You will be enrolling into our convenient auto ship program. You will be billed today and every 30 days after you submit your order. You will be charged FULL PRICE+FREE SHIPPING now and EVERY 30 days thereafter unless cancelled. Shipping is included in the price. You also understand that you can cancel at any time, subject to the provisions of these terms, without further obligation by calling customer care.
2.5 Recurring Billing. Access to the Service may consist of an initial period, where you can try a product for the price of shipping only, followed by a full price charge on day 20 after the initial sale, and recurring periodic charges as agreed to by you. A consumer may purchase multiple products, in which case they would be charged multiple shipping charges and multiple full price charges on day 20, plus full price charges every 30 days. By entering in the upfront shipping-only, delayed billing Agreement, you acknowledge that you will pay in full initial shipping and processing fee of $4.95 or $5.95 per product as indicated and recurring payment feature of $109.95 (FREE SHIPPING) OR $88.95 (FREE SHIPPING) every 30 days as indicated at checkout, and you accept responsibility for all recurring charges prior to cancellation. To change or cancel your Service at any time, call our customer service representatives. By entering into this Agreement, you acknowledge that your evaluation has an initial shipping and processing fee and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your products will be automatically shipped per the offer you originally accepted but you can change a shipment or product at any time by calling us at 888-543-9275. Your non-termination or continued use of the Service reaffirms that We are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SERVICE OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
2.6 Maxeral Workout Evaluation Terms & Conditions
By placing an order with us, you agree to our full Terms and Conditions and the enrollment in a 20 day (14 days + 6 days shipping) trial where you will be billed the USPS shipping and handling amount of $6.95. If our product is not right for you, simply 888-543-9275 within 20 days (14 days + 6 days shipping) trial of your initial order to cancel your trial and owe nothing more. Otherwise, at the end of your 20 day (14 days + 6 days shipping) trial you will automatically be enrolled in the program and your credit card will be charged the full retail price of $109.95. You will then be shipped a new supply, 30 days after trial period ends at $$109.95(free shipping and handling) and every 30 days thereafter until you cancel.
2.7 Maxeral Test Booster Evaluation Terms & Conditions
By placing an order with us, you agree to our full Terms and Conditions and the enrollment in a 20 day (14 days + 6 days shipping) trial where you will be billed the USPS shipping and handling amount of $7.95. If our product is not right for you, simply 888-543-9275 within 20 days (14 days + 6 days shipping) trial of your initial order to cancel your trial and owe nothing more. Otherwise, at the end of your 20 day (14 days + 6 days shipping) trial you will automatically be enrolled in the program and your credit card will be charged the full retail price of $88.95. You will then be shipped a new supply, 30 days after trial period ends at $88.95 (free shipping and handling) and every 30 days thereafter until you cancel.
3. RETURNS, CANCELLATION AND REFUND POLICY
3.1 REFUND POLICY. All orders under $100 will be charged a non-refundable $4.95 shipping fee. Return products in their original, unopened package(s). Please call Customer Care at to make arrangement to receive Your refund. Shipping and handling fees are non-refundable. 3.3 You explicitly agree to the following statement: "I UNDERSTAND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED."
3.4 Refunds are given if refunds are promised over the phone. Refunds are given via phone only and transaction ID will be provided. Cancellation of one's account does NOT constitute a refund, only a valid refund transaction ID constitutes a refund. Cancellation of one's account cancels only future orders if you signed up on an auto-ship program, it does not give a refund for the current order. Refund on a current order must be requested directly and a valid refund transaction ID will be issued. Chargebacks or disputes based on a "Cancelled Recurring" reason code will only be awarded to a customer if a customer is issued a valid refund transaction ID for a refund, NOT a cancelled account.
3.5 RMA (Return Merchandise Authorization) numbers are required for all returns and are available upon request by calling customer service. RMA numbers will be issued within 2 business days. Returns are subject to a $14.95 restocking fee. Return products in their original, unopened package within 30 days of shipment to:
Lobey Jaring Sales LLC
PO Box 29038
Phoenix, Arizona, 36801
3.5 Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refunds will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.
4. DISPUTE RESOLUTION
4.1 You expressly agree to submit in writing any objection regarding fees to:
Lobey Jaring Sales LLC
PO Box 29038
Phoenix, AZ 36801
4.2 Lobey Jaring Sales LLC, in its sole discretion, shall determine the validity of Your objection and notify You of its decision. Should You disagree with Lobey Jaring Sales LLC's decision, You agree to mediate the dispute before litigation.
4.3 You agree to indemnify for any financial harm or any losses caused by Your objections to fees that does not comply with this Section. You will be held responsible for the reimbursement of any fees and losses incurred as a result of Your failure to comply with any provision in this Agreement.
4.4 Credit Card Billing Customer expressly agrees that if Customer pays by credit card, check or demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card."
5. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
5.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of Your order (as described below).
5.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject Your order (without liability) if We are unable to process or fulfill it. If this is the case, We will refund any prior payment that you have made for that item.
5.3 An order submitted by You constitutes an offer by You to Us to purchase the Product on these Conditions and is subject to Our subsequent acceptance.
5.4 Prior to such acceptance, an automatic e-mail acknowledgement of Your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your order.
5.5 Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by Us dispatching Your order and accepting Your credit card or other payment ("Acceptance").
5.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however You must make sure you print a copy of all such documents and these Conditions for your own records.
6. YOUR REPRESENTATIONS
6.1 You represent that the information provided by You when placing Your order is up-to-date, materially accurate, and is sufficient for Us to fulfill your order. You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Product.
6.2 No warranty, commitment or any other obligation should ever be assumed by You on Our behalf or on behalf of a Product manufacturer, licensor or supplier without Our express prior written consent.
6.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
6.4 Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on Our Acceptance.
6.5 We have the right at any time prior to Our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify You of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
6.6 The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable.
6.7 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by Us on the Site when You submit Your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
6.8 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken in full notwithstanding any claim for short delivery or defects.
6.9 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance.
6.10 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, We may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against You for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
6.11 Any extension of credit allowed to You may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgment). You shall indemnify Us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
7.1 If You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against You or You take or suffer any similar action in consequence of debt or We have cause to believe that You are unable to pay Your debts as they fall due; or You fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may:
7.1.1 Stop any Products in transit; and/or
7.1.2 Suspend further Product deliveries; and/or
7.1.3 Stop or suspend provision of Services; and/or
7.1.4 By written notice, terminate Your order and all or any other contracts between Us and You.
8. DELIVERY AND RISK
8.0 Delivery Method. Our Preferred Shipping Method is USPS First Class: Average shipping times in the United States are 4-6 days depending on customers location. These terms and conditions, along with those set out in the USPS guarantee quality service and are all the terms of the contract between you (the purchaser) and us (shipping agents). When you tender a shipment from us, you accept our terms for you, and for anyone else who has a legal interest in the shipment. Our terms and conditions also protect anyone with whom we may contract to collect, transport, or deliver your shipment. No employee of USPS, FedEx Express, or anyone else has any authority to change any of our terms or conditions, or make any promises on our behalf.
8.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While We endeavor to meet such timescales or dates, We do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
8.2 Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance We provide and notify Us without delay of errors or omissions. We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address after You submit an order.
8.3 If You refuse or fail to take delivery of Products provided in accordance with these Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies We have:
8.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means We consider appropriate or to store Products at Your risk;
8.3.2 You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; and
8.3.3 We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as We determine and may set off any proceeds of sale against any sums due from You.
8.4 Except to the extent required as a result of any mandatory rights You have as a consumer under applicable law, You shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless You notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon You shall pay for the quantity actually delivered.
8.5 Where We deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent installment.
8.6 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to You on delivery or when placed in your possession or that of any carrier or transport provided by You, whichever shall occur first.
9. REJECTION, DAMAGE OR LOSS IN TRANSIT
9.1 Except as set out above and subject to any rights You have under applicable law that cannot be excluded or limited by these Conditions:
9.1.1 We shall not be liable and You shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by Our own transport or by a carrier on Our behalf) where notified to Us within 5 working days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to Us within 30 days of receipt of the Products; and (c) defective performance of Services (not being defects caused by any act, neglect or default on Your part) where notified in writing to Us within 5 days of such defect becoming apparent.
9.1.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
9.1.3 Where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.
10. LIABILITY LIMITATION
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) 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 AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FORSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10.2 Lobey Jaring Sales LLC, in its sole discretion, shall not be liable for a chance occurrence or unavoidable or uncontrollable accident beyond either parties control that prevents our ability to fulfill obligations under the contract.
11. THIRD PARTY RIGHTS
11.1 You shall indemnify Us against any and all liabilities, claims and costs incurred by or made against Us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
11.2 To the fullest extent permitted by law, we shall have no liability to You in the event the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, You should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to You only such right or title as we have.
12. WARRANTY "AS IS" IN GENERAL – WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS.
12.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by Us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine Your rights and remedies in this regard.
12.2 You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard. 12.3 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where: 12.3.1 Products have been repaired or altered by persons other than the manufacturer, Us or any authorized dealer; and/or 12.3.2 Defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or 12.3.3 Defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by Us in connection with the delivered Products.
12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, 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. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
13. CONSENTS, CUSTOMS DUTIES & EXPORT
13.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by You, You shall obtain such license or consent at Your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle You to withhold or delay payment of the price. Any additional expenses or charges incurred by Us resulting from such failure shall be met by You.
13.2 Products licensed or sold to You under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
14.1 Any notice or other communications in relation to Our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
14.1.1 In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
14.1.2 If posted, 5 working days after the date of posting;
14.1.4 If sent by email, 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 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
15. PERSONAL INFORMATION AND YOUR PRIVACY
16.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over Your rights under these Conditions. Any purported assignment shall be null and void.
16.2 We shall not be liable to You nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of Us being prevented, hindered or delayed in the performance by reason of any circumstances beyond Our reasonable control including (but not limited to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power, Internet communications, or materials and in such event we may elect to cancel Your order and refund any payments made.
16.3 You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, We reserve the right to modify these Conditions without prior written notice to You with effect for the future, subject to Your right to reject, by way of written notice, our modifications to these Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
16.4 No relaxation, forbearance, delay or indulgence by either You or Us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
16.5 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
16.6 If for any reason We determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
16.6.1 These Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
16.6.2 In the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
17. FDA Disclaimer
*These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.
*Consult your physician before taking any dietary supplement
DO NOT assume that just because you purchased similar supplements in the past, they will have the same effect.
Our Company assumes no responsibility for the improper use of and self-diagnosis and/or treatment using these products. Products not be confused with prescription medicine. Products should not be used as a substitute for medically supervised therapy. If you suspect you suffer from clinical deficiencies, consult a licensed, qualified medical doctor.
We cannot suggest the use of any product that will effect a cure or affect a symptom/ailment. Before starting a dietary supplement, always check with a medical doctor. It is especially important for people who are: pregnant or breast feeding, chronically ill, elderly, under 18, taking prescription or over-the-counter medicines. Certain supplements can boost blood levels of certain drugs to dangerous levels. None of the products or information available to the public are intended to be a treatment protocol for any disease state, but rather are offered to provide information and choices regarding nutritional support for various health concerns. None of the information is intended to be an enticement to purchase and may not be construed as medical advice or instruction. Products such as weight loss products are not a "Miracle Cure" and must be used along with proper diet and exercise to promote said weight loss. Irresponsible caloric intake and a sedentary lifestyle will likely lead to weight gain no matter the supplements you are taking. Some medicines and other health conditions also lead to weight gain, consult your doctor.
You should consult health care professionals on any matter related to your health. The information obtained from referenced materials are believed to be accurate, as presented by their respective authors, but Our Company assumes no liability for any personal interpretation. Previous and future customers who fail to consult their Physicians prior to the purchase and subsequent use of any product assume the risk of any adverse effects.
18. MARKETING INCENTIVE PROGRAM AND THE CONSUMER.
As a consumer, once you enter your data you are eligible to be part of our Marketing Incentive Program at no additional cost to you. You are not required to participate in any of the incentives that are marketed to you. You may be selected to receive incentives that we are providing to our consumers as a thank you for your loyalty. All incentives are currently being sent via email, you will have to open and click the link to activate. All incentives will vary in price from depending on the customer, price, cost and product offer related to each incentive. Should you choose to use an incentive, you must click through the email to receive the offer. Offers are customized via customer interests, product interests, and target audience as deemed by the company.
For any suspected or known illness or health concern, always consult with your physician or health care provider prior to the purchase or use of any nutritional product. Our Company has attempted to present information from the literature, books and other references as well as information about our products as accurately as possible, but you should be aware that the Food and Drug Administration has not approved or evaluated all of the information contained in the literature or on this site. Any literature reference or direct link to a specific product is for your information or convenience and may not be construed as an enticement to purchase and further is not intended or implied to be used in the mitigation, diagnoses, treatment, cure, or prevention of any disease.
Information on this site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. The results reported may not necessarily occur in all individuals.