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Terms Of Free Offer
You have just made
the first step in bettering your life. Joining our HgH membership allows
you to receive a months supply of Hgh pills or spray on a monthly basis
for $89.95 with no shipping charges, You will be sent this on a monthly
basis and it will be billed to your credit card on file. If you ever
want to cancel just simply email a message to
cancellation@hgh.com and indicate your
name and email address and your membership will be cancelled.
WHEN YOU PURCHASE A PRODUCT OR SERVICE FROM THIS SITE, YOU, THE BUYER,
ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE
TERMS OF THIS AGREEMENT.
THIS AGREEMENT IS A
CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE
YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS
THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE
AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE
LIABILITY OF THE SELLER.
YOUR PLEDGE OF AN
UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND
LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL
CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE .
PARTIES TO THIS
AGREEMENT AND DISCLAIMER
The parties to this
agreement are the website or its owners HgH.com, Inc., hereafter
"SELLER," and you, the prospective purchaser, hereafter "BUYER". Persons
or entities who are not participants in this contract but who have an
indirect relationship, such as a supplier, joint venture partner,
membership organization, or sales affiliate, are herein described as
"THIRD PARTY OR THIRD PARTIES." The recipient of the product herein
sold, where said product is ordered by and paid for by someone other
than the recipient, is classified herein as if that recipient were the
ordering BUYER with the same rights, duties, and obligations as the
BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF
THIS PURCHASE AGREEMENT
The subject matter of
this agreement is a product, service, or membership described on this
website and its contents are incorporated herein by reference and made a
part hereof and constitute a complete description of the product,
service or membership that is the subject matter of this Purchase
Agreement. This bundle of offerings, including additional items promoted
on the order page, shall, together, be termed 'product' throughout this
agreement but the word 'product' shall mean all elements offered in the
sale, whether digital, dimensional, or other license or right, and
include all sales or promotional materials.
Communication and
Support
All communication
initiated by the buyer to the seller for support shall be conducted
through the website support portal. Mail, email, telephone and fax is
not permitted unless initiated and authorized by the seller. It is the
responsibility for the customer to properly notify the seller of any
issue through support of any support issue including but limited to: a
lost package, a missing portion of a delivery, a defective portion of a
delivery, dissatisfaction with a product or a cancellation of a service
or reoccurring product sale. Failure to notify the seller and allow
adequate time to resolve the issue under the terms of the agreement
within 30 days shall be a breach of this agreement.
REFUND POLICY
The product referenced
herein is sold with a specific warranty defined at the time of sale. Any
product returned for a refund or replacement will only be accepted if a
Return Merchandise Authorization or RMA has been provided by the SELLER.
If A product is sold with a general guarantee and does not provide
additional guarantee provisions at the time and place of the sale then
the product is sold with a general guarantee only. This guarantee is our
pledge to replace an item that suffers from manufacturer defect only.
This does not cover misuse or general customer dissatisfaction. The
seller shall determine at the time of receiving an RMA product at it's
sole discretion if a refund or replacement is allowable under the terms
of the sale. At no time will a returned item be sent back to the
customer should it be determined by the seller that the requirements for
a refund or a replacement have not been met. The Buyer understands that
all rights to view the product and all license or resale rights
terminate when the product is returned for a refund. If the Buyer does
not contact the Seller during the refund or replacement period, Buyer
agrees that the Seller may construe silence as a full, complete and
final acceptance of the product, service or membership with no further
right of redress or refund for any reason due the Buyer.
Cancellation
A reoccurring
subscription to a product may be cancelled at any time through support.
A cancellation will end future payment processing and delivery of
products to the customer. Any product or portion thereof that has been
charged for regardless of the delivery status may not be returned for a
refund. A product that is not a reoccurring subscription may not be
cancelled.
Trial Period
A product sold as part of
a trial period will be a precursor to a reoccurring subscription. The
reoccurring subscription will commence automatically with implied
customer consent unless a cancellation is requested through support. A
reoccurring subscription will consist of an automatic reorder of a
specific product. A reorder action will first charge made the buyers
through a credit card or other payment method and then ship the product
to the customer automatically without the customers interaction. Unless
otherwise stated the reoccurring subscription will be the same product
as the trial product. Unless otherwise stated the reoccurring
subscription will be of a quantity of a thirty day supply and priced as
a regular non sale price thirty day supply regardless of the trial
period duration. This pricing will be posted on the website directly or
through the offering of an optional 30 day supply on the site. If a
thirty day supply is offered on the site at a discount and a regular
price is posted along side the discounted price for comparison the
pricing shall be the regular non discounted price posted along side the
discounted 30 day supply.
Unless otherwise stated a
reoccurring product will be renewed on the 1st or the 15th of each month
depending on the time of the purchase. The actual subscription reorder
date will be determined at the sole discretion of the sellers. A late or
missed subscription reorder because of inventory shortage or any other
reason will not indicate a termination of the reoccurring subscription.
All reorders will begin 3
days before the renewal date. A cancellation must be placed before the
actual reorder process begins to cancel the subscription prior to a
specific reorder.
A trial duration does not
indicate a period of time in which to cancel a reoccurring subscription.
A trial duration represents a duration in which to use a product at a
specified price.
The buyer reserves the
right to cancel the reoccurring subscription at any time and without
notice. If a buyer cancels a subscription before the trial portion has
completed processing and or shipping to the customer the seller reserves
the right to not deliver the trial portion of the product and the buyer
waives the right to any refund for the the trial portion of the order
it's shipping costs and or processing costs. The seller provides the
trial with the stipulation the buyer will actually try the product on
trial or at least receive and inspect the product before canceling.
FURTHER
DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP
Buyer warrants an
understanding that the product, service or membership may actually be
comprised of different elements. For example, a digital or so-called
e-book may also come in CD or printed format, and that the digital
product may also be part of a service or a membership. Additionally, the
product, service or membership may come with the right to sub-license or
re-sell the product. However, unless specified in the sales and
promotional materials and unless all conditions are met, the Buyer has
no license, permission or right to duplicated or sell this product in
any form or to sell it or distribute it whether for profit or not to any
person for any reason.
RIGHTS AND
OBLIGATIONS OF THE BUYER
The Buyer must pay the
full consideration for this product that the Seller requires as the
total price of the product. This consideration includes not only the
purchase price, but other obligations that the Buyer accepts as well as
potential rights the Buyer agrees to forego. By accepting this Purchase
Agreement, the Buyer agrees to receive continuing follow-up contact from
the Seller including email, mail, newsletters, product updates, product
recall notices, product improvements, telephone calls from the Seller
and/or telemarketing organizations and/or pollsters for the purpose of
solicitation related to the instant product or any other product or
service. Buyer agrees to post-sale contact from joint venture partners
of the Seller or from others who have a commercial relationship with the
Seller. Buyer agrees that all personal information about the buyer or
his or her buying habits and preferences, including address and phone
number, may be placed in a general database and agrees that this
information may be shared, rented or sold to third parties. However,
Buyer shall at all times be fully empowered to sever contact with the
Seller by notification using the 'unsubscribe' link in solicitations.
Moreover, the Buyer retains the right to refuse specific contact with
some third party solicitors and maintain it with others. The Buyer
retains the right to have his or her name removed from a general
solicitation database. The Buyer's agreement to accept solicitation and
contact may be reduced, enhanced, limited or terminated by notification
to anyone contacting the Buyer. The burden is on the Buyer to prove that
such communication was made to and received by the person making
contact. Buyer agrees that Seller is not liable for communications made
to the Buyer by parties unrelated to this purchase even though referred
by the Seller. Buyer accepts full responsibility for limiting
unsolicited contact and Buyer understands that he retains all rights to
directly restrict communication or solicitation from any party including
the Seller.
The Buyer agrees to allow
the Seller to collect, store, and use for marketing purposes all
information collected from, provided by or otherwise ascertained by
electronic means from the Buyer. The Buyer, specifically, and as part of
the consideration paid for this product, waives all right to access,
retrieve, or control such information except that the Buyer retains the
right to restrict contact as described previously.
The Buyer understands
that cookies will be placed on his or her hard drive that will provide
information to the Seller and which are necessary for delivering an
e-product and which will be able to determine if you retain the right to
access the product. Buyer understands that these cookies or other
computer codes will reside on the hard drive and will communicate at
times with the Seller's computer and thereby transmit and receive
information.
Buyers living in
locations that require custom duties and/or VAT taxes to be collected
understand that, unless custom duties are collected at the point of sale
by the Seller, the Buyer remains responsible for payment of custom
duties and taxes at the time the product is received. If it should
happen that the Seller's courier or freight account is charged for
custom duties and tax, instead of the Buyer paying referenced charges,
then the Buyer hereby authorizes the Seller to bill the Buyer's credit
card for said charges or for the return of goods if they are refused at
the point of destination. Buyers are responsible for laws governing the
importation and use of products and additional fees associated with the
importation of those products and or the refusal of importation of those
products and the customers loss of use.
CREDIT CARD
CHARGES AND CREDIT CARD FRAUD AND OR CHARGEBACK PENALTIES
If at any time a credit
card payment is withdrawn it shall be considered a charge back from the
customer. When a chargeback is executed to bypass a procedure in the
agreement or to break the purchase contract in any way it is a violation
of the purchase agreement. The buyer warrants that he or she is over 18
years of age, not subject to the Child Online Privacy Act, of legal age
to enter into contractual agreements in the state in which he is present
when he makes this purchase, and is the true and authorized owner of the
credit card used to make this purchase. Buyer warrants that he or she
agrees and complies with the entire purchase agreement as part of the
credit card transaction. Any Buyer who violates any of these
requirements may be liable for civil or criminal prosecution and agrees
to pay liquidated damages of an amount the equivalent of US$10,000 per
transaction that violates this agreement, plus actual damages, and
agrees that all information collected by this website may be used for
prosecution and may be turned over to law enforcement agencies or to
credit card companies and merchant service providers.
If the true and/or
authorized owner of the credit card attempts to commit fraud upon the
Seller, he or she authorizes each and every credit card company or
merchant service provider to disclose to the Seller all information that
could be construed as proof of credit card fraud.
Any Buyer who attempts to
perpetrate a fraud upon Seller involving the use of a credit card
herewith gives authorization for the Seller to access all credit
information about the Buyer from credit reporting agencies and also
authorizes the Seller to discover all relevant information from any
source about the fraudulent practices of the Buyer and to reveal such
information to credit reporting agencies, credit card companies,
merchant service providers, and law enforcement agencies.
Buyer agrees that if he
uses trickery to receive more than one refund, or if he causes a
fraudulent dispute claim that results in a charge back against the
Seller's account, that the Seller is authorized to re-charge the Buyer's
credit card that was used for the original purchase to the extent that
will make the Seller whole. Buyer agrees to, in addition to actual
damages, pay to the Seller liquidated damages of an amount equivalent to
US$10,000 for every separate action in violation of this agreement the
Buyer commits.
GUARANTEE AND
WARRANTY
This product is sold 'as
is' without warranty or guarantee of any kind, either express or
implied, including no warranty as to merchantability or fitness for a
particular purpose. The Seller warrants and guarantees absolutely
nothing. There is no 'warranty period.'
If the Buyer is
purchasing, through this site, a product, including membership, that is
to be provided by a third party, the Buyer must look to the third party
for additional warranties or guarantees, and understands that the
warranties available through this site, if any are offered or construed,
are extremely limited, restrictive, and short.
ASSUMPTION OF
RISK
Buyer agrees to accept
all risk associated with the use of this product, including but not
limited to, ingestion of or application to Buyer's person, the use of
the product personally or in business, all taxes and regulations
applicable to this product, all legal compliance issues related to this
product. Buyer warrants an understanding that the Seller is disclaiming
all liability from harm of any kind or nature caused directly or
indirect from this product. Buyer agrees, as part of the consideration
required to purchase this product, to carefully review and test this
product during the refund period and to immediately request a refund if
the product is not satisfactory.
LIMITATION OF
LIABILITY AND DISCLAIMER
Buyer warrants an
understanding, as required consideration, that the Seller of this
product disclaims all liability for the product or damages resulting
from use or installation or reliance upon this product for any reason.
Buyer alone accepts full responsibility for allowing others to use this
product. Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials or the product
itself that is unintentionally misleading or incorrect that might cause
damage to Buyer.
Buyer expressly waives
any and all claims for consequential, speculative, and unforeseeable
damages resulting from the purchase or use of this product or from
subsequent contact with Seller or Third Parties.
Buyer expressly agrees
that no matter what may happen because of his or her purchase of this
product, or no matter what damage may be allegedly or actually caused by
the use of this product, or no matter the harm or damage that may result
directly or indirectly from the purchase of this product, for any reason
whatsoever, that the absolute maximum extent of Seller's liability shall
be an amount no greater than the purchase price of the product.
Buyer agrees and
understands that, Seller, specifically but not exclusively, disclaims
liability for all damage to Buyer's person or business by using this
product, including harm to buyer's computer hardware or software from
worms, viruses, or other defects in the product or computer codes that
cause harm. Seller disclaims liability for Buyer's interaction with
Third Party soliciting agents who were provided 'leads' by the Seller.
Seller disclaims liability for Buyer's interactions with advertisers on
the site. Seller disclaims liability for Buyer's interaction with other
visitors or members of the website.
LIMITATION OF
LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the
Seller's total liability, even for erroneous product content that causes
damage to the Buyer, shall be limited to the purchase price paid for the
product.
LIMITATION OF
LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the
Seller's total liability, even from harm caused to the Buyer or to
others from use of the product, shall be limited to the purchase price
paid for the product.
LIMITATION OF
LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the
Seller's total liability, for any other injury, harm, or tort of any
kind, whether foreseeable or unforeseeable, shall be limited to the
purchase price paid for the product.
LIMITATION ON THE
LIABILITY LIMITATION
Buyer understands that
some states do not allow limitation of liability.
SPECIFIC
DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS
CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
Claims made within the
site or advertising media are representational of an opinion and they
are not to be considered factual claims of actual people regarding the
usage of products. The seller makes no claim or warranty as to the
validity of these advertising statements and the actual results to be
achieved by the customer's use of the products.
PRIVACY POLICY
ACCEPTED
Buyer expressly
accepts the terms of the Privacy
Policy of Seller's website.
TERMS OF USE
ACCEPTED
Buyer expressly
accepts the Terms of Use
of the Seller's website.
RIGHT TO PUBLISH
SUBMISSIONS
Buyer agrees that Seller
may publish for commercial purposes or the for the purpose of protecting
affiliated or partnered sellers the full or partial content of any and
all communication with Buyer at the Seller's sole discretion including
personal, financial and credit card information.
INDEMNIFICATION
Buyer agrees to indemnify
Seller for any and all damage that Buyer causes by using the product or
information contained on this website that results in a damage award
against the Seller.
CALIFORNIA
RESIDENTS NOTE
You are entering into a
contract that may modify, restrict, or eliminate rights you may have
under the California Online Privacy Protection Act of 2003 (OPPA). Under
the Privacy Policy and this Purchase Agreement you waive any right to
view or modify the content of our database. You waive any right to force
this business or website to divulge when or to whom your information may
have been provided to third parties. The customer also agrees, as part
of the required consideration, that any cause of action is presumed to
have arisen in the city and state of Las Vegas Nevada and not in the
state of California or in the jurisdiction where the customer resides.
JURISDICTION AND
VENUE
If any matter concerning
this purchase shall be brought before a court of law, pre- or
post-arbitration, Buyer agrees to that the sole and proper jurisdiction
to be the State of Nevada.
In the event that
litigation is in a federal court, the proper court shall be the closest
federal court of the Seller's choosing.
APPLICABLE LAW
Buyer agrees that the
applicable law to be applied shall, in all cases, be the state or choice
of state of the Seller.
NOTICE
Buyer herewith agrees to
receive Notice of Changes, Litigation, Service of Process, Cancellation,
Termination, and Modification of service or product at the email address
provided to Seller on the ordering page. Further, Buyer agrees that the
right to contact Buyer concerning legal notice shall not be terminated
by previously submitted 'unsubscribed' notices and specifically agrees
that any notification to cease contact shall not be binding upon the
Seller in regards to Notice of Change, Litigation, Service of Process,
Cancellation of Product or Service or Membership or Subscription,
Termination of a program, product or website, or Modification of the
terms of service or product. Additionally, the Buyer grants Seller
irrevocable right to contact him or her via mail or telephone concerning
any of these issues irrespective of other rights the Buyer has to sever
contact with Seller.
COSTS
The prevailing party to
any arbitration or litigation will be entitled to collect attorney fees
and all other costs of the arbitration or litigation, including filing
fees, investigation fees, collection fees, and travel expenses from the
other party.
MODIFICATION
This Purchase Agreement
cannot be modified in any manner between the Seller and this Buyer
unless modifications are made in writing signed by both parties.
However, the Seller may modify this Purchase Agreement at any time for
other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF
PROVISIONS
In the event that some
provisions, terms, conditions of the Purchase Agreement are held to be
invalid or unenforceable, the remainder of the provisions that are
enforceable shall control. Additionally, Buyer and Seller agree that, if
any provision is found to be invalid or unenforceable, the arbitrating
panel will construe such provision to the maximum extent that it might
be found to be valid or enforceable.
WAIVER OF BREACH
The Seller's waiver
(failure to enforce) any term of this agreement shall not be construed
as a modification or an amendment to this agreement or constitute a
waiver of other breaches.
FINAL ACCEPTANCE
By taking the affirmative
step of purchasing a product or service or membership while a checkbox
is checked next to text in part or in whole that states you agree to the
terms of the site you, the Buyer, attest that you have fully read,
understand, and accept the terms of this Purchase Agreement contract,
and warrant to the Seller that said affirmative digital acceptance shall
be deemed to be the same as if you had affixed your signature to this
Purchase Agreement contract.
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