|
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. |