BY USING THIS SITE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
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 Avalure Anti-Aging (“Avalure Anti-Aging “, “Our” or “Company”) the owner and administrator of this Website and all content and functionality contained herein.
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. Avalure 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. ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES.
NOTE: All products come with a fourteen (10 Trial + 4 Days shipping) 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 888-772-9017. Our Customer Service Department is open Monday thru Friday 9am-9pm Eastern 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 (10 Trial + 4 Days shipping) day Trial period begins (“Trial Period”). The Trial Period is calculated in calendar days, not business days and your fourteen (15) day Trial ends on day fourteen (15).
C. You will be given thirty (30) days supply (or subscription access) of the Product You ordered. Generally, Your Product is delivered within 2 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 888-772-9017. Reasonable requests (as determined by Avalure Anti-Aging ) 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 15, 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 $89.71.
E. On the 45th day following the date You first ordered Your Product, Avalure Anti-Aging 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 $94.66.
F. Unless You cancel this service, every thirty (30) days thereafter Avalure Anti-Aging 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 $94.66.
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 888-772-9017 prior to the expiration of the Trial Period (before day fourteen) and cancel Your order.
REFUNDS AND RETURNS: If you are not satisfied with your trial for any reason, simply contact us within 10 days of placing your order and there will be no further charges. To receive a product refund you must contact us within 10 days of the order date. Please allow 3-4 business days for refunds to process from the day the return is received. It may take up to 30 days for the refund to be reflected on your credit card statement.
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 ranging between $.99 and $5.99, depending on the Product ordered). 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 888-772-9017 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.
J. We want You to be satisfied with Our Products and Our services. If You are ever not satisfied with any Product that You ordered, You may call Our Customer Service Department toll-free at 888-772-9017 and request a refund. More stipulations to our refund policy are as follows:
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. Avalure Anti-Aging reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Avalure Anti-Aging ’s judgement, requests refunds in bad faith.
M. In order to process Your refund, You must supply Avalure Anti-Aging 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 thirty (30) days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by Avalure Anti-Aging , please call Our Customer Service Department toll-free at 888-772-9017.
O. Credit Card Descriptor. By ordering Products from Avalure Anti-Aging , You authorize Avalure Anti-Aging 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 Avalure Anti-Aging or, alternatively, it will refer to the type of Product ordered (e.g., Platinum Membership/subscription). If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 888-772-9017.
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 888-772-9017 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.
R. If you are not satisfied with your trial for any reason, simply contact us within 15 days of placing your order. You will be required to ship the remainder of the product back to us postmarked no later than the 15th day of your trial period to ensure you are not billed any further charges. If you are charged the $94.66 and we receive the remainder of the product with the postmark dated no later than the 15th day of your trial, then you will receive a full refund for the $94.66. Please allow 3-4 business days for refunds to process. NOTE: When returning your product for a full refund there must be substantial product left in the bottle in order to process a refund. WE WILL NOT HONOR EMPTY BOTTLE RETURNS!
3. 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.
4. OWNERSHIP; INTELLECTUAL PROPERTY.
A. The Website, and all images and content at the Website (collectively, “Materials”), are the sole and exclusive property of Avalure Anti-Aging 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 Avalure Anti-Aging ’s prior written permission.
5. 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. Avalure Anti-Aging has the right to rely upon all information provided to Avalure Anti-Aging by You;
F. Avalure Anti-Aging 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.
6. RESTRICTIONS: Without the express prior written authorization of Avalure Anti-Aging , 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.
8. LIMITATION OF LIABILITY; NO WARRANTIES.
A. In no event shall Avalure Anti-Aging 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 Avalure Anti-Aging ’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 Avalure Anti-Aging 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 Avalure Anti-Aging 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.
9. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Avalure Anti-Aging , 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 defence 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.
10. NOTICE. 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 Avalure Anti-Aging must be sent in writing to the following address: Avalure Anti-Aging , Attention: Avalure Anti-Aging Legal, 6626 Colgate Ave. Los Angeles, CA 90048
11. FORCE MAJEURE. Avalure Anti-Aging 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 Avalure Anti-Aging ’s performance.
12. 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 California, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Los Angeles, California, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Los Angeles County, California for such purpose.
* No Class Actions TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
* No Trial By Jury TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHERPROCEEDING.
* 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 Avalure Anti-Aging 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. Avalure Anti-Aging 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. Avalure Anti-Aging does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Avalure Anti-Aging in writing, these terms and conditions may not be amended by You.
Last Modified Date 04.30.2014