Nutritional Health Institute
Purchase Agreement- Continuity/ Refund & Cancellation Policy
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| Notice -- Read This |
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WHEN YOU CLICK THE "Send FREE Bottle" BUTTON AT
THE BOTTOM OF THE ORDER PAGE, YOU, THE BUYER, ARE CLAIMING THAT
YOU HAVE READ, FULLY UNDERSTAND AND FULLY ACCEPT THE TERMS OF
THIS PURCHASE AGREEMENT, REFUND AND CANCELLATION POLICY.
ORDER WITH CONFIDENCE!
Dear Valued Customer--
We encourage you to read the following Purchase Agreement because
it's provisions may impact on you. The legalese of this agreement
is presented below. Enjoy the read and congratulations on your
choice. We wish you every success on your road to nutritional health!
Sincerely,
Nutritional Health Institute
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.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT
BUSINESS WITH YOU OR SELL TO YOU, AND YOUR ORDER FOR
ANY PRODUCT OR SERVICE WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
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.
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| PARTIES TO THIS AGREEMENT AND DISCLAIMER |
| The parties to this agreement are AAA Internet Consultants, the owners
of Nutritional Health Institute Products, the http://NutritionalHealthInstitute.net website and/or its owners, agents, servants and/or employees,
(Hereafter referred to as "SELLER,") and you, the
prospective purchaser, (Hereafter referred to as "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 any product and/or service from SELLER, where said product and/or service 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 the Nutritional Health Institute products and/or services as are described
in promotional or sales materials on the http://NutritionalHealthInstitute.net website and/or in an email message that referenced the http://NutritionalHealthInstitute.netwebsite
and/or the email and its contents, are incorporated
herein by reference and made a part hereof and constitute a
complete description of the Nutritional Health Institute product and or service, that is the subject
matter of this Purchase Agreement. The Nutritional Health Institute product and/or service may
be termed 'product' throughout this agreement but the word 'product'
shall mean the Nutritional Health Institute product and/or service that is offered for sale as
described in sales or promotional materials. |
| REFUND POLICY |
BUYER is provided with a 100% satisfaction guarantee.
Following placement of the initial order for product, if for
any reason, Buyer decides to cancel the receipt of any future
orders of product, Buyer must notify Seller by email as set
forth herein within at least 7 days prior to the next scheduled
monthly shipment of product. If Buyer submits a cancellation
request in advance of the 7 day deadline prior to the date of
the next scheduled monthly shipment of product, Buyer will
not incur any new charges. If Buyer submits a cancellation request
after the passage of the 7 day deadline prior to the next scheduled
monthly shipment of product, Buyer will be assessed a late
cancellation fee/restocking fee equal to 30% of the purchase
price of the product that was scheduled to be shipped to Buyer
plus $6.95. If Buyer receives and subsequently decides to return
the product to Seller for any reason, Buyer must first
contact Seller and request and receive a return merchandise
authorization code (RMA). Buyer must then place the RMA on the
package used to mail the product to Seller and Buyer must return
the undamaged, unopened & unused bottle(s) of product
to Seller at the shipping address included with the product within 30 days from the date that Buyer ordered the
product. Once the product is returned to Seller as set forth
herein, if Buyer is entitled to a refund, Seller will issue
a refund to Buyer within 30 days from the date of Seller’s
receipt of the returned product. If Buyer notifies Seller of
Buyer’s desire to cancel any future shipments of product at least 7 days before the passage of the date of the next
scheduled monthly shipment of product and Buyer receives another
shipment of product at any point thereafter, then Seller shall
issue a 100% refund to Buyer within 7 business days after Buyer
returns the undamaged, unopened and unused bottle(s) of product to Seller at the shipping address provided with the product in accordance with the product return instructions
set forth herein.
In all cases, the burden is on the Buyer to ship the product
in such a way that the product is, in fact, returned to the
shipping address shipping included with the product in a complete,
undamaged, unopened and new condition. All product returns will be
processed when the product is received at the shipping address
included with the product. The refund will be issued to the
Buyer who was financially responsible for completing the original
purchase of product through the original method of payment
that the Buyer used to complete the initial purchase of product.
Giving the Buyer a refund in accordance with the terms and restrictions
that are set forth herein is the full and complete liability
that the Seller of product has to the Buyer. Buyer acknowledges
the length of the refund period as set forth herein and Buyer
the refund period and agrees that the length of the refund period
is reasonable and further agrees to try the product
during the initial 30 day period following receipt of the product as a material consideration required by the Seller
as part of the purchase price. Buyer further warrants that he
or she will make a determination during the initial 30 day period
if the product is as described and to decide whether the Buyer
wishes to keep the product. If the Buyer does not notify Seller
during the refund period in the manner described herein and
inform Seller of Buyer’s desire to cancel the receipt
of any future orders, Buyer agrees that the Seller may construe
silence as a full, complete and final acceptance of the terms
of the sale of product and Buyer will have no further right
of redress or refund for any reason. |
| FURTHER DESCRIPTION OF "PRODUCT" |
| Buyer warrants an understanding that the Buyer has no license,
permission or right to duplicate the product in any
form or to sell it, distribute it or redistribute it, whether
for profit or not for profit, to any person or entity for any
reason. |
| RIGHTS AND OBLIGATIONS OF THE BUYER |
The Buyer must pay the full consideration for the 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 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 to Buyer by the Seller. Buyer
accepts full responsibility for limiting unsolicited contact
and Buyer understands that he or she 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 or other 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 email related to product or other products and which will be able to determine if you retain the right and desire to receive shipments of 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 and/or VAT taxes are collected at the point of sale by the Seller, the Buyer remains entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to Buyer’s instructions. If, for any reason, it should happen that the Seller's courier or freight account is charged for custom duties and/or VAT taxes, instead of the Buyer paying the 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. |
| CREDIT CARD CHARGES AND CREDIT CARD FRAUD
PENALTIES |
Buyer warrants that he or she is over 18 years of age, not
subject to the Child Online Privacy Act, is of legal age to
enter into contractual agreements in the state in which he or
she is present when he or she completes any purchase of product and is the true and authorized owner of the credit card
used to complete any purchases of product.
If the true and/or authorized owner of the credit card attempts
to perpetrate or actually perpetrates a fraud upon the Seller,
then he or she hereby authorizes each and every credit card
company and merchant service provider to disclose to the Seller
all information that could be construed as proof of fraud, including
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 and personal information pertaining
to the Buyer from any source, including credit reporting agencies,
and Buyer 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 others, including,
but not limited to, credit reporting agencies, credit card companies,
merchant service providers, and/or law enforcement agencies.
Buyer agrees that if he/she uses trickery or deceit to receive
more than one refund, or if he/she causes a fraudulent dispute
claim that results in a chargeback 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 that, in addition to
paying actual damages to Seller, Buyer will pay Seller liquidated
damages in an amount equivalent to US$10,000 for each and every
separate fraudulent transaction committed by Buyer against Seller
and/or Sellers agents, servants, employees and affiliates or
others to the detriment of Seller or Seller’s reputation. |
| GUARANTEE AND WARRANTY |
The product is sold 'as is' and without any warranty
or guarantee of any kind, whether express or implied. The product is being sold to Buyer with no warranty as to merchantability
or fitness for a particular purpose. The Seller warrants and
guarantees absolutely nothing to Buyer in terms of the product. There is no 'warranty period'. There is only a
refund period as described herein.
However, without waiving any rights and defenses as described
herein, in the event that the product is deemed to
be allegedly defective in the sole opinion and discretion of
Seller, then the sole and exclusive remedy available to Buyer
is to accept a replacement of the product or accept
a credit toward the purchase of another product, if any, that
may be offered by the Seller from time to time at Seller’s
sole discretion. The period of time within which the Buyer must
submit a report by email detailing in what way the product is defective and requesting that a replacement product
be shipped or requesting a refund within 30 days from the date of
the initial placement of the order that resulted in the receipt
of the allegedly defective product. During this initial 30 day
period, the Buyer may request and will receive a refund for
any reason. During this initial 30 day period, Buyer may request
a replacement product in lieu of a refund which request may
be granted by Seller, but Seller is and will continue to be
under no obligation to do anything other than offer a refund
to Buyer in the amount of the initial product purchase price.
If the sales or promotional material conflict with this "as
is" warranty, then the sales and promotional material are
herewith incorporated and shall be controlling. However, in
no case, shall the warranty period be construed to be longer
than the refund period. |
| ASSUMPTION OF RISK |
| Buyer agrees to accept all risks associated with the purchase
or use of 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
that are or may be applicable to the purchase of product by
Buyer, all legal compliance issues related to the product. Buyer
warrants a complete and thorough understanding that the Seller
is disclaiming all liability from harm of any kind or nature
caused directly or indirect from the purchase and/or use of
product. Buyer agrees, as part of the consideration that is
required to purchase product to carefully review and test
this product during the refund period and to immediately and
properly request a refund if the product is not deemed satisfactory
to Buyer. |
| LIMITATION OF LIABILITY AND DISCLAIMER |
Buyer warrants an understanding, as required consideration,
that the Seller of product disclaims all liability for the
product or damages resulting from the use of product for any
reason. Buyer alone accepts full responsibility for allowing
others to use product. Buyer understands, acknowledges, agrees
to and accepts that Seller disclaims any and all 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 and/or others.
Buyer expressly waives any and all claims for consequential,
speculative, and unforeseeable damages resulting from the purchase
and/or use of product or from subsequent contact with Seller
or Third Parties.
Buyer expressly agrees that no matter what may happen because
of his/her purchase and/or use of product, no matter what
damage may be allegedly or actually caused by the purchase and/or
use of product, or no matter the harm or damage that may result
directly or indirectly from the purchase and/or use of 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, Seller disclaims liability
for Buyer's interactions with advertisers on thehttp://NutritionalHealthInstitute.net website
or other websites. Seller disclaims liability for any of Buyer's
interaction with other visitors or other members of the product website, if any. |
| 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
IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT |
If claims about results from using product were made and
considered by Buyer, Buyer understands and acknowledges that
such claims may be true for the persons who made the claims,
including claims made by the Seller about his/her/its own experience
with product. If Buyer is purchasing and/or using product
as a product that was promoted for a particular purpose and
if the promotional materials make claims about the results from
the use of this product, Buyer hereby warrants his/her/its understanding
that there exists some probability that the product will not
deliver those same results to any particular Buyer and that
the refund of the purchase price (subject to the return of the
product to the Seller as described herein) is the full remedy
for any Buyer who feels the product did not deliver the results
claimed.
Where this disclaimer and claims made in sales and promotional
materials describing details pertaining to product are in
conflict, this Purchase Agreement shall be controlling except,
and unless, the Seller deliberately misled the Buyer or if such
construction would cause material inequity. The sole burden
is exclusively upon the Buyer to substantiate any deliberate
deception allegedly committed by Seller that, in specified ways,
caused Buyer to purchase product on one or more occasions.
Buyer accepts the obligation to reimburse the Seller for all
court costs, investigation costs, attorney fees, and all litigation-related
costs in the event Buyer brings suit against the Seller and
Buyer does not prevail in court or at arbitration.
No warranties are made whatsoever about the product
and Buyer warrants a clear understanding that Buyer's sole and
only course of action is to test the product within
the extent of the refund period and if Buyer is not satisfied
prior to expiration of the refund period set forth herein, then
to properly request a refund from Seller in the manner set forth
herein and subject to other relevant terms and conditions.
Buyer, again, warrants a clear understanding and agreement that
in any event, for any reason, no matter the amount of damages
claimed, as a material part of the consideration for purchase
of this product, the maximum amount of liability shall
be the purchase price of the product. |
| PRIVACY POLICY ACCEPTED |
| Buyer expressly accepts the terms of Sellers Privacy Policy
pertaining to the use of the http://NutritionalHealthInstitute.net 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
the full or partial content of any and all communication with
Buyer at the Seller's sole discretion and Buyer will receive
no consideration in the event that Seller uses for commercial
purposes the full or partial content of any and all communications
with Buyer. |
| INDEMNIFICATION |
| Buyer agrees to indemnify Seller for any and all damage that
Buyer causes by using product or information contained on
the http://NutritionalHealthInstitute.net website
that results in a damage award against the Seller. |
| RIGHT TO STOP SELLING PRODUCT TO CERTAIN
PURCHASERS |
Buyer agrees that Seller has the exclusive and sole right
to continue and/or discontinue the sale of the product
at any time, for any reason, with or without notice, subject
only to the return policy set forth herein.
Buyer understands that the Seller may discontinue providing
customer service to current or prospective purchasers of product at any time with or without notice subject only to the
return policy set forth herein. |
| 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. In
the event the website elects at its sole discretion to release
any information to you, you must properly identify yourself
to the website in a manner that is appropriate under the circumstances
as the named customer who has previously purchased product.
We are doing this to protect private customer information from
being inadvertently provided to unauthorized persons such as
identity thieves. The required identifying information may include
credit card information, social security numbers, notarized
copies of state issued identification, or other identification
that is deemed sufficient to allow our counsel to determine
that it is appropriate to release account information –
in the event that we divulge the information at all without
a court order directing us to do so. Additionally, this purchase
agreement, as part of the consideration required to purchase
product from this website, requires that Buyer agree to use
the American Arbitration Association exclusively as the mutually
agreed upon exclusive forum to resolve any claim arising from
the Terms of Use, Privacy Policy, or Purchase Agreement, and
not the courts of the state of California. The Buyer (customer)
also agrees, as part of the required consideration to purchase
product, that any cause of action is presumed to have arisen
in the city and county of Los Angeles, state of California. |
| ARBITRATION |
As part of the consideration that the Seller requires, Buyer
knowingly and voluntarily agrees to use binding arbitration
provided through the American Arbitration Association for any
claim, dispute, or controversy ("CLAIM") of any kind
(whether in contract, tort or otherwise) arising out of or relating
to this purchase/cancellation agreement, the purchase and/or
use of product, including solicitation issues, privacy issues,
terms of use issues product order cancellation issues and product
return issues.
Arbitration shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration Association.
Information about the American Arbitration Association, its
rules, and its forms are available from the American Arbitration
Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing will take place in the city or county of
the Seller.
In no case shall the Buyer have the right to seek relief in
court or to demand or otherwise be entitled to have a jury trial
for any matter arising from the purchase and/or use of product or the material set forth in product advertisements
or promotions. Buyer also acknowledges and agrees that Buyer
will not have any right to engage in pre-trial discovery except
as may be provided in the American Arbitration Association rules;
you will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim
subject to arbitration; the arbitrator's decision will be final
and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party
for any and all costs associated with the dispute and/or arbitration,
including, but not limited to, attorney fees, collection fees,
investigation fees, travel-related expenses and other costs
as may be deemed appropriate. |
| JURISDICTION AND VENUE |
If any matter concerning this purchase shall be brought before
a court of law, whether pre-arbitration or post-arbitration,
Buyer knowingly acknowledges and agrees that the sole, exclusive
and proper jurisdiction shall be the County of Los Angeles, State
of California declared in the contact information as specified
below:
AAA Internet Consultants
5755 Avenida Esplendida
Palmdale, CA 93551
Contact us at the http://NutritionalHealthInstitute.net
In the event that litigation is initiated in federal court,
the proper court selected by the party that initiates litigation
shall be the USDC for the Southern District of California, the closest
federal court to the Seller's address. |
| APPLICABLE LAW |
| Buyer agrees that the applicable law to be applied in all
cases shall be the law of the State of California. |
| 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 associated
with the arbitration or litigation, including filing fees, investigation
fees, collection fees, travel expenses from the other party
and others. |
| 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. |
| SELLER CONTACT INFORMATION |
You may direct questions, comments or reports to:
AAA Internet Consultants
5755 Avenida Esplendida
Palmdale, CA
Contact us at the http://NutritionalHealthInstitute.net |
| FINAL ACCEPTANCE |
| By taking the affirmative step of clicking the "I Accept"
button, or checking an Acceptance box, and purchasing product,
you, the Buyer, voluntarily and knowingly attest that you have
fully read, understood, 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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