TERMS AND CONDITIONS
CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING:
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You", "Your" or "Customer"), and MaxFit Garcinia ("MaxFit Garcinia", "Our" or "Company") the owner and administrator of this Website and all content and functionality contained herein.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
A. These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website").
B. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms 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.
C. MaxFit Garcinia reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms.
D. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country.
E. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
2. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and MaxFit Garcinia agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to Our Website, the services provided through Our Website, any transaction or relationship between us resulting from Your use of Our Website, communications between us, or the purchase, order, or use of Our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and MaxFit Garcinia agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and MaxFit Garcinia further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate an arbitration, MaxFit Garcinia will promptly reimburse you for any standard filing fee which may have been required by AAA once you have notified MaxFit Garcinia in writing and provided a copy of the arbitration proceedings. However, if MaxFit Garcinia is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to MaxFit Garcinia. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against MaxFit Garcinia and may not preside over any kind of representative or class proceeding against MaxFit Garcinia, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MaxFit Garcinia, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
3. ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES.
If You have any questions please contact Our Customer Service Department toll-free at 855-705-9393. Our Customer Service Department is open Monday thru Friday 10am-6pm Eastern Standard Time. After 30 days from the original purchase all sales are final. Sales before 30 days will be handled by customer service on a case by case basis.
Our product is offered in varying packages for purchase as follows:
Average Cost Per Bottle Terms and Conditions: (*,**)
**SHIPPING PROTECTION Terms and Conditions:
Shipping protection is available for purchase for $9.95 on all order options. If the shipping protection option is added to the order we will guarantee your order arrives within 3-7 business days or you may contact customer service within 30 days of your original order and receive a full refund on your shipping protection charge. Please note: Your original order MUST be returned intact and UNOPENED to receive your full refund and you will still be liable for whatever product you opened and used even if you have purchased the shipping protection. After 30 days from the original purchase all sales are final.
All orders are shipped via United States Postal Service First Class Mail or by UPS mail. We ship the day after you place your order. Orders placed on the weekend will be shipped the following business day. Packages are scheduled to arrive within 3-5 business days, but if you are worried about transit time we suggest you purchase shipping protection to avoid any issues. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
REFUNDS AND RETURNS:
SATISFACTION: We want You to be satisfied with our products and services. If you are ever not satisfied with any product that you ordered, you may call our customer service department toll-free at 855-705-9393 and request a refund. If you are calling about refunding a purchase, our customer service team will handle it on a case by case basis. More stipulations to our refund policy are as follows:
A. 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. MaxFit Garcinia reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in MaxFit Garcinia's judgment, requests refunds in bad faith.
B. In order to process Your refund, You must supply MaxFit Garcinia with Your name and delivery address. If You provide us with insufficient or incorrect information, Your refund will be delayed.
C. Depending on the bank that issues the credit card You used, Your refund can take up to thirty (30) days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by MaxFit Garcinia, please call Our Customer Service Department toll-free at 855-705-9393.
D. Credit Card Descriptor. By ordering Products from MaxFit Garcinia, You authorize MaxFit Garcinia to charge Your credit card accordingly. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will refer to MaxFit Garcinia. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 855-705-9393.
E. 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.
F. Billing Errors. If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 855-705-9393 immediately of such error.
G. If you are not satisfied with your order for any reason, simply contact us. Please allow 3-4 business days for refunds to process. To request a refund you will need to contact us at 855-705-9393 Monday to Friday from 10am to 6pm EST. Please note that we are not responsible for lost or stolen items. Failure to use the product(s) does not constitute a basis for refusing to pay any associated charges. If You wish to cancel an order of Product You must contact Our Customer Service at 855-705-9393 Monday to Friday from 10am to 6pm EST. When emailing us, please include your full name and address, as well as the name of the Product(s) that you ordered. You will be responsible for payment for any Product that has either A) already been shipped to You or B) already been delivered to you at the time of your call.
In order to return your item(s)for a full refund of the purchase price, minus a 15% restocking fee, any shipping, handling, insurance, or other charges, all items must be returned unused in good condition, in original boxes, via a tracked shipment method and with all paperwork and accessories to ensure full credit.
WE WILL NOT HONOR EMPTY BOTTLE RETURNS!
4. REPRESENTATIONS; DISCLAIMERS
A. It is Our intention to provide You with the finest products available, and we believe in the efficacy of every Product we sell. You understand, however, that Our Products have not been evaluated by the FTC, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and not every trade is will make you money.
B. You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product.
C. We endeavor to provide You with accurate information about Our Products. You understand and agree that the information we convey about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties"). We do not warrant or represent that such information is error-free, and we do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
D. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person.
E. You must refer to the manufacturer’s specifications or warranty documentation to determine Your rights and remedies in this regard.
5. OWNERSHIP; INTELLECTUAL PROPERTY.
A. The Website, and all images and content at the Website (collectively, "Materials"), are the sole and exclusive property of MaxFit Garcinia or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.
B. The Materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Materials may be reproduced by You without MaxFit Garcinia's prior written permission.
6. YOUR REPRESENTATIONS.
You hereby represent and warrant that:
A. You are age eighteen or older;
B. You have read this Agreement and thoroughly understand the terms contained in this Agreement;
C. Any Products You purchase from the Website will be used for Your personal, non-commercial use;
D. You will not re-sell, re-distribute or export any Product that You order from the Website;
E. MaxFit Garcinia has the right to rely upon all information provided to MaxFit Garcinia by You;
F. MaxFit Garcinia may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
Without the express prior written authorization of MaxFit Garcinia, You may not:
A. Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
B. Create derivative works based on the Website or any of the Materials;
C. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
D. Frame or utilize any framing techniques in connection with the Website or any of the Materials;
E. Use any meta-tags or any other "hidden text" using the Website’s name or marks;
F. "Deep-link" to any page of the Website;
G. Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
H. Use any data mining, bots, or similar data gathering and extraction tools on the Website;
I. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
J. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
A. This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website.
B. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion,
(i) has violated any of the terms of this Agreement,
(ii) is abusing the Products or the services we provide, or
(iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information.
9. LIMITATION OF LIABILITY; NO WARRANTIES.
A. In no event shall MaxFit Garcinia or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.
B. Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided "as is", without any warranty whatsoever.
C. You agree that MaxFit Garcinia's entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to MaxFit Garcinia in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether MaxFit Garcinia was aware of or advised in advance of the possibility of damages or such Claims.
D. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
You agree to defend, indemnify, and hold harmless MaxFit Garcinia, 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 or inability to use 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.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to MaxFit Garcinia must be sent in writing to the following address: MaxFit Garcinia, Attention: MaxFit Garcinia
12. FORCE MAJEURE.
MaxFit Garcinia shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the MaxFit Garcinia's performance.
13. MISCELLANEOUS. * Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Nevada, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Douglas County, Nevada, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Douglas County, Nevada for such purpose.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* 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 attorney’s fees incurred on appeal.
* No Waiver. No waiver of or by MaxFit Garcinia shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from 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 constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
* Modifications. MaxFit Garcinia 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.
MaxFit Garcinia does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by MaxFit Garcinia in writing, these terms and conditions may not be amended by You.