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. The information presented on the Site is in no way intended as medical advice or as a substitute for a doctor. Nothing stated or presented on the site is intended to be a substitute for professional advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your doctor. You should always consult with your doctor or other professional before using any oral products, whether offered on the Site or otherwise. Your doctor should allow for proper follow-up visits and individualize treatment as appropriate. If you have or suspect that you have a problem, promptly contact your care provider. For any products and/or services purchased through the Site, you should carefully read all product packaging and instructions. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site. Information and statements regarding products and/or services made available on or through the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
GENERAL TERMS AND CONDITIONS
NOTE: All products come with a fourteen (14) day trial period ("Trial") as described in this Agreement. If You have any questions about Our Trial, please contact Our Customer Service Department toll-free at 888-557-4730. Our Customer Service Department is open 24 hours a day, 7 Days a week Pacific Standard Time.
A. Trial Policy: Our Trial policy requires You to understand certain important dates. The policy, and the important dates for You to know, are as follows:
B. Beginning on the day that You place an order for a product ("Product") from the Website, Your fourteen (14) day Trial period begins ("Trial Period"). The Trial Period is calculated in calendar days, not business days and your fourteen (14) day Trial ends on day fourteen (14).
C. You will be given thirty (30) days supply (or subscription access) of the Product You ordered. Generally, Your Product is delivered via USPS with delivery confirmation within 3 to 5 days after placing Your order. Delivery time is subtracted from Your Trial Period, and will reduce the number of days allocated to Your Trial Period. If You want to extend Your Trial Period due to slow or delayed delivery, You must call Our Customer Service Department toll-free at 888-557-4730. Reasonable requests (as determined by Snaps Products, Inc/ ) to extend Your Trial Period generally will be granted.
D. If You are satisfied with the Product and wish to continue to receive the Product on a monthly basis, You need do nothing else. Upon the expiration of the Trial Period, on Day 14, Your credit card will be billed for the full cost of the Product that You ordered (i.e., a thirty day supply) at the rate of $89.95.
E. On the 45th day following the date You first ordered Your Product, Snaps Products, Inc/ will renew your monthly subscription for another thirty (30) days supply of the Product, and the credit card You provided to us will be automatically billed for the Product $94.90.
F. Unless You cancel this service, every thirty (30) days thereafter Snaps Products, Inc/ will renew your subscription for an additional thirty (30) days supply of the Product You ordered, and the credit card You provided to us will be automatically billed for the Product $94.90.
G. If You are not satisfied with the Product and wish to cancel future deliveries of the Product, You must call Our Customer Service Department toll-free at 888-557-4730 prior to the expiration of the Trial Period (before day fourteen) and cancel Your order.
REFUNDS AND RETURNS
H. Regardless of whether You cancel Your Trial in a timely fashion or not, You will be responsible to pay the shipping and handling charges associated with Your Product currently $4.95. You agree that we can charge Your credit card for this amount, and You agree to pay such amount regardless of whether You cancel Your Trial in a timely fashion or not. No refunds will be issued for shipping and handling charges.
I. Cancellation of Orders If You wish to cancel future deliveries of the Product and You are within the Trial Period, then You should follow the procedures described in the preceding section of this Agreement. If You wish to cancel future deliveries of Product outside of the Trial Period, then You must call Our Customer Service Department toll-free at 888-557-4730 and request that such future shipments be terminated. Your request for termination will be processed immediately; however, subject to Our refund policy (described below) You will be responsible for payment for any Product that has either (i) already been shipped to You or (ii) already been delivered to You at the time of Your call.
L. Customers are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted unless the Product, as delivered to You, is defective. Snaps Products, Inc/ reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Snaps Products, Inc/ 's judgment, requests refunds in bad faith.
M. In order to process Your refund, You must supply Snaps Products, Inc/ with Your name and delivery address. If You provide us with insufficient or incorrect information, Your refund will be delayed.
N. Depending on the bank that issues the credit card You used, Your refund can take up to 5-7 days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by Snaps Products, Inc/ , please call Our Customer Service Department toll-free at 888-557-4730.
O. Credit Card Descriptor. By ordering Products from Snaps Products, Inc/ , You authorize Snaps Products, Inc/ to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will refer either to SPI*GarciniaAdvanced / or, alternatively, it will refer to the type of Product ordered. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 888-557-4730.
P. Modifications We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.
Q. Billing Errors If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 888-557-4730 immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
Product Information Disclaimer
The product information provided on the Site is intended only for residents in the United States. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this site have not been approved or cleared by a government regulatory body. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Company may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
2. Disclaimer of Warranties
THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
3. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4. Copyright and Trademarks
All Newsletters, logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Company. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, .., typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
5.1 Scope of Use of Copyright and Trademarks
Company maintains the Site for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and .., without Company's written permission. Company makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Company Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
6. Third Party Websites
The Website may contain links to other websites on the Internet that are owned and operated by third parties. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website's operators. Because Company has no control over such websites and resources, you agree that Company is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
7. General Provisions
The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Website. Company's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
8. Contact Us
If you have any questions about the Agreement or about the practices of Company, please feel free to contact us at 888-557-4730 or firstname.lastname@example.org.