PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners Purity Select Corp, 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.
SHIPPING TERMS AND CONDITIONS
All orders placed are shipped out during normal operating business hours. Company will ship all domestic orders based on your selection at checkout. All shipments, domestic and international, are only shipped via USPS or UPS. The customer will not incur any additional shipping charges other than what was paid for during checkout.
The product referenced herein is sold with a specific warranty defined at the time of sale. If no warranty is defined or specified, a 90 day unconditional warranty is guaranteed. Any product returned within the warranty will be offered a full refund for any reason, with one exception*. For returns outside of the warranty period, 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 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 its 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.
REFUNDS MAY ONLY BE ISSUED BACK TO THE CREDIT CARD THAT WAS ORIGINALLY CHARGED. Company are committed to preventing fraud and to abide by all Credit Card rules and regulations. Company take a lot of measures to prevent fraud, and therefore will only issue a credit back to a card that was used to make the original purchase. Company will not issue a credit back to a different card than what was used to make the purchase or by check. This prevents cases when a fraudulent credit card is used to make a purchase, and then a buyer asks for the refund to be issued to another card or by check, resulting in a profit to the fraud.
*Note, Company reserve the right to not issue refunds to customers that Company believe are abusing refund policy or terms of sale. Perpetual returners (those BUYERS that make purchases and return then return those purchases for returns) are not guaranteed a refund of any kind under this policy. The determination to refund any BUYER for any sale is at the sole discretion of the SELLER.
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.
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 customer’s 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.
It is against HGH.com’s (Purity Select) Affiliate Program Terms for affiliates to create false claims about HGH.com products and/or company. If Company suspect any false claims made regarding company and/or products that results in an affiliate sale, these transactions will be immediately voided and the affiliate will be removed from the program. HGH.com (Purity Select) are not liable for any claims made by its affiliates and will only stand behind claims made by hgh.com itself.
Further, it is against HGH.com’s (and Purity Select) terms and conditions to link directly to HGH.com or any of web sites. Any linking needs to be approved within the terms and conditions of this web site and include the “nofollow” attribute.
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.
All products sold on this site are legal supplements. Company do not sell any steroids or illegal products. If you have any questions or concerns, please email at email@example.com or call at 1-888-399-5993.
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.
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.
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
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 Illinois.
In the event that litigation is in a federal court, the proper court shall be the closest federal court of the Seller’s choosing.
Buyer agrees that the applicable law to be applied shall, in all cases, be the state or choice of state of the Seller.
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.
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.
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.
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.
By membership, Company refer to anyone who is signed up for monthly shipments of products. These products are automatically ordered monthly and sent to you at a discounted rate. You can opt into the membership after adding a sample or 1-month product to your cart and selecting the option for an automatic order at a 20% discount. You can opt out of membership at any time, no hassle, no questions asked.
You agree to defend, indemnify and hold harmless HGH.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the HGH.com and any related Websites;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the HGH.com Website.
You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
PRODUCT USAGE AND ADULT REQUIREMENTS
All products contained on this site are intended for adults over the age of 18. products are not meant for children under the age of 18. No products sold on this site should not be given to children. Further, if you have any questions or concerns about any products, Company recommend that you contact your primary physician.
NUTRITION PLANS & CONSULTANCY
All billing for nutrition, diet, and consulting plans is done at the time of purchase. The customer has a 90 day period to return or stop service at the time of purchase. All consultancy is offered as a complimentary benefit provided by Purity Select. Actual purchase as it relates is tied to the Nutrition / Diet Plan. If for any reason the customer is not satisfied with the given plan within the first 90 days, they may return it for a refund.
© COPYRIGHT NOTICE
The software and other technology components of this Web site are © 2011 – 2014 Purity Select, Inc. or its affiliates and suppliers. All rights reserved.
Use of this Web Site. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted by Purity Select and HGH.com in the Terms and Conditions within this site or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2011-2014, Purity Select or its affiliates and suppliers. The contents of this Web Site are © 2011 – 2014, Purity Select and HGH.com or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.