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LEANGENIX™ Terms & Conditions:
Start your FREE Trial now to receive a full one-month supply of
LEANGENIX™. You'll have 21 days from placing your order, to evaluate
this product and see the results for yourself. If you enjoy LEANGENIX™
simply do nothing. Plus, when you accept this FREE Trial, you will be
enrolled in our LEANGENIX™ VIP Program and be charged the super low
price of $59.95... a 50% savings at the end of your 21-day trial
period. You'll receive a fresh one month supply of LEANGENIX™ at the end
of your trial bottle (31 days from your order date) for only $59.95 plus s&h. We will continue to provide this savings to you
every 30 days after. Cancel anytime. If, for any reason, you should
decide LEANGENIX™ is not for you, simply return the unused portion
within 21 days of the placement of your trial order to withdraw from
the LEANGENIX™ VIP Program. The unused portion must reach our
Receiving Department within 21 days of your order date.
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WHEN YOU CLICK THE "FINISH MY
ORDER" BUTTON ON 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 its
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!
Sincerely,
BodyXcellence, LLC
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 LEANGENIX™ TO YOU, AND YOUR ORDER FOR LEANGENIX™ 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. PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are
BodyXcellence, LLC, the
owner of LEANGENIX™ Products, the www.leangenix.com 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 LEANGENIX™, where
LEANGENIX™ 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 LEANGENIX™ as described in
promotional or sales materials on www.leangenix.com and/or in an email
message that referenced LEANGENIX™, and said website and/or email and
its contents are incorporated herein by reference and made a part
hereof and constitute a complete description of the LEANGENIX™ product,
that is the subject matter of this Purchase Agreement.
The LEANGENIX™ product may be termed 'product' throughout this
agreement but the word 'product' shall mean the LEANGENIX™ product that
is offered for sale as described in sales or promotional materials.
Terms & Conditions:
Start your FREE Trial now to receive a full one-month supply of LEANGENIX™.
You'll have 21 days from placing your order to evaluate this product and see the
outstanding results for yourself. If you enjoy LEANGENIX™, simply do nothing.
Plus, when you accept this FREE Trial offer, you will be enrolled in our
LEANGENIX™ VIP Program and will be charged the super low price of $59.95... a
50% savings at the end of your 21-day trial period. You'll receive a fresh one
month supply of LEANGENIX™ at the end of your trial bottle (31 days from your
order date) for only $59.95 plus s&h.
We will continue to provide this savings to you every 30 days after. Cancel
anytime. If, for any reason, you should decide LEANGENIX™ is not for you, simply
return the unused portion within 21 days of the placement of your trial order to
withdraw from the LEANGENIX™ VIP Program. The unused portion must reach our
Receiving Department within 21 days of your order date.
21-day Trial Terms and Conditions and Cancellation Policy
The reason we offer this free trial is so that you may try the product to see
the results for yourself. Here's how it works: This 21-day trial is for honest
people who want honest results. If you simply want a "freebie", please do not
order. This is a premier product that is second- to- none for fast fat loss. You
will have 21 days from the date of purchase to try it for yourself and evaluate
how amazing LEANGENIX™ makes you feel and how fast it works to enhance and
accelerate your fat loss goals. As you start to feel great, have more energy,
and lose weight, simply do nothing and 21 days after your order placement date
you will be billed $59.95 for the bottle that you receive. That's 50% savings
off our retail price of $119.00.
If however you decide the 21-day trial is not for you, simply contact us by
email or call 877-574-7733 to get a return authorization number. Then, return
the unused portion and, as long as we receive the unused portion of the package
back to our warehouse before the end of your trial period, you will NEVER be
billed. If you decide to return the product after the 21-day trial period,
please follow the non- trial offer terms and conditions. Remember, you have up
to 21 days to try it out.
Plus, when you accept this 21-day trial offer, you will get a fresh, convenient
one-month shipment thirty one days later at a special rate of $59.95 plus
shipping and handling AND guaranteed no back order. Never run out, stay on
track, and every thirty days we will ship you a one month supply of LEANGENIX™.
*Limited to one free trial per household.
A Request to cancel a shipment must be received before the next auto ship has
been commenced. If the cancellation request is received after the bottle has
been shipped, the non-trial refund policy will apply, as we cannot stop a
shipment when the delivery man has it and it is on the way.
Lose the Fat or Your Money back Guarantee
If for any reason you decide to return any auto ship orders, you may return your
opened or unopened bottle to our warehouse for a full refund, less any shipping
charges. We want your experience with BodyXcellence, LLC to be a positive one,
so you have a full 60 days to evaluate our products and, if for any reason you
are not satisfied, simply return the product with a return authorization written
on the packaging to receive a full refund of the purchase price. Shipping
charges are non-refundable.
It's simple to return your product and take advantage of our “lose the fat or
your money back” guarantee. Simply call or email us to request a return
authorization number. This return authorization numbers is for two reasons: One
is to protect the customer by ensuring that you have a number for your records
that attaches the return products to the initial order so that the refund can be
processed. If we know who returned the product, then we can refund that person.
The second reason is for our company. It lets us know to be on the lookout for
your return package. When it hits the warehouse, the product is then linked to
the order, at which time the refund can then be expedited to our customer.
Without the return authorization number, we can't link it to the order and
process the refund. If you return a product marked return to sender there is no
way we can link the product to the order. The request of the return number
protects you from not receiving your refund. It's that simple. Refunds can only
be issued back to the card the product was purchased with and only merchandise
returned within 60 days of purchase can be returned.
In all cases, the burden is on the Buyer to ship the product in such a way that
the product is returned to the shipping address included with the product. 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 LEANGENIX™
through the original method of payment that the Buyer used to complete the
initial purchase of LEANGENIX™.
FURTHER DESCRIPTION OF
LEANGENIX™
Buyer warrants an understanding that the Buyer has no license,
permission or right to duplicate the LEANGENIX™ 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
Buyer warrants an understanding that the Buyer has no license,
permission or right to duplicate the LEANGENIX™ 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. The Buyer must pay
the full consideration for the LEANGENIX™ 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, as provided in the Privacy
Policy. 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.
As provided in the Privacy Policy, 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.
As provided in the Privacy Policy, 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 LEANGENIX™ 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 LEANGENIX™ and is the true and authorized
owner of the credit card used to complete any purchases of LEANGENIX™.
Any Buyer who violates any of these requirements may be liable for
civil or criminal prosecution and agrees to pay liquidated damages to
BodyXcellence, LLC in an amount the equivalent of US$10,000
dollars per each individual fraudulent transaction, plus actual
damages, and Buyer further agrees that all information collected by
BodyXcellence, LLC. whether through the www.LEANGENIX™.com
website or by other means may be used for prosecution purposes and may
be turned over to law enforcement agencies, credit card companies and
merchant service providers.
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 LEANGENIX™ product is sold 'as is' and without any warranty or
guarantee of any kind, whether express or implied. The LEANGENIX™
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 LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™ product is defective and requesting that a
replacement product be shipped or requesting a refund is 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
LEANGENIX™, including but not limited to, ingestion of or application to
Buyer's person, the use of the LEANGENIX™ product personally or in
business, all taxes and regulations that are or may be applicable to
the purchase of LEANGENIX™ 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
LEANGENIX™. Buyer agrees, as part of the consideration that is required
to purchase LEANGENIX™ 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 LEANGENIX™ disclaims all liability for the product or damages
resulting from the use of LEANGENIX™ for any reason. Buyer alone accepts
full responsibility for allowing others to use LEANGENIX™. 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 LEANGENIX™ 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 LEANGENIX™, no matter what damage may be
allegedly or actually caused by the purchase and/or use of LEANGENIX™,
or no matter the harm or damage that may result directly or indirectly
from the purchase and/or use of LEANGENIX™, 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 the LEANGENIX™ website or other
websites. Seller disclaims liability for any of Buyer's interaction
with other visitors or other members of the LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™. If Buyer is
purchasing and/or using LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™ 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
LEANGENIX™ product and
Buyer warrants a clear understanding that Buyer's sole and only course
of action is to test the LEANGENIX™ 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 LEANGENIX™
product, the maximum amount of liability shall be the purchase price of
the LEANGENIX™ product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of Sellers Privacy Policy pertaining to the use of the
LEANGENIX™ 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 LEANGENIX™ or information contained on the
www.LEANGENIX™.com website that results in a damage award against the
Seller.
RIGHT TO STOP SELLING
LEANGENIX™ TO CERTAIN PURCHASERS
Buyer agrees that Seller has the exclusive and sole right to continue
and/or discontinue the sale of the LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™. 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
LEANGENIX™ 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 LEANGENIX™, that any cause of action
is presumed to have arisen in the city and county of King, state of
Washington.
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 LEANGENIX™, 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 LEANGENIX™ or the material set
forth in LEANGENIX™ 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 King, State of Washington declared
in the contact information as specified below:
BodyXcellence, LLC
3225 McLeod Dr. Ste 100
Las Vegas, NV 89121
USA
877-574-7733
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 Washington, 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 Washington.
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
The Seller of this product is:
BodyXcellence, LLC
3225 McLeod Dr. Ste 100
Las Vegas, NV 89121
USA
877-574-7733
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "Finish My Order" button, and purchasing
LEANGENIX™, 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.
Copyright © 2009 LEANGENIX™ -
BodyXcellence, LLC.
LEANGENIX™ Terms & Conditions:
Start your FREE Trial now to receive a full one-month supply of
LEANGENIX™. You'll have 21 days from placing your order, to evaluate
this product and see the results for yourself. If you enjoy LEANGENIX™
simply do nothing. Plus, when you accept this FREE Trial, you will be
enrolled in our LEANGENIX™ VIP Program and be charged the super low
price of $59.95... a 50% savings at the end of your 21-day trial
period. You'll receive a fresh one month supply of LEANGENIX™ at the end
of your trial bottle (31 days from your order date) for only $59.95 plus s&h. We will continue to provide this savings to you
every 30 days after. Cancel anytime. If, for any reason, you should
decide LEANGENIX™ is not for you, simply return the unused portion
within 21 days of the placement of your trial order to withdraw from
the LEANGENIX™ VIP Program. The unused portion must reach our
Receiving Department within 21 days of your order date.
--------------------------------------------------------------------------------------
WHEN YOU CLICK THE "FINISH MY
ORDER" BUTTON ON 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 its
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!
Sincerely,
BodyXcellence, LLC
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 LEANGENIX™ TO YOU, AND YOUR ORDER FOR LEANGENIX™ 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. PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are
BodyXcellence, LLC, the
owner of LEANGENIX™ Products, the www.leangenix.com 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 LEANGENIX™, where
LEANGENIX™ 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 LEANGENIX™ as described in
promotional or sales materials on www.leangenix.com and/or in an email
message that referenced LEANGENIX™, and said website and/or email and
its contents are incorporated herein by reference and made a part
hereof and constitute a complete description of the LEANGENIX™ product,
that is the subject matter of this Purchase Agreement.
The LEANGENIX™ product may be termed 'product' throughout this
agreement but the word 'product' shall mean the LEANGENIX™ product that
is offered for sale as described in sales or promotional materials.
Terms & Conditions:
Start your FREE Trial now to receive a full one-month supply of
LEANGENIX™. You'll have 21 days from placing your order, to evaluate
this product and see the results for yourself. If you enjoy LEANGENIX™
simply do nothing. Plus, when you accept this FREE Trial, you will be
enrolled in our LEANGENIX™ VIP Program and be charged the super low
price of $59.95... a 50% savings at the end of your 21-day trial
period. You'll receive a fresh one month supply of LEANGENIX™ at the end
of your trial bottle (31 days from your order date) for only $59.95 plus s&h. We will continue to provide this savings to you
every 30 days after. Cancel anytime. If, for any reason, you should
decide LEANGENIX™ is not for you, simply return the unused portion
within 21 days of the placement of your trial order to withdraw from
the LEANGENIX™ VIP Program. The unused portion must reach our
Receiving Department within 21 days of your order date.
21 Day Trial Terms and
Conditions and Cancellation Policy
The
reason we offer the free trial is so you may try the product
to see for yourself. Here's how it works. This 21 day trial
is for honest people who want honest results. If you simply
want a "freebie" and take advantage, please do not order.
This is a premier product that is second to none for fast
fat loss. You will have 21 days from date of purchase to try
it for yourself and evaluate how amazing this diet pill
makes you feel, and how fast it works to enhance and
accelerate your fat loss goals...FAST. As you start to feel
great, have more energy and lose weight- simply do nothing
and 21 days after your order placement date, you will be
billed $59.95 for your bottle that you received. That's 50%
savings off our retail price of $119.00. If you decide the
21-day trial is not for you, simply contact us by email or
call 877-574-7733 to get a return authorization number.
Return the unused portion and as long as we receive the
unused portion of package back to our warehouse before the
end of your trial period, you will NEVER be billed. If you
decide to return it after 21 day-trial period please follow
the non trial terms and conditions as your trial period
would be over. You have up to 21 days to try it out.
Plus,
when you accept this 21 day trial you will get a fresh,
convenient 1-month shipment thirty one days after at your
special price of $59.95 + shipping and handling AND
guaranteed no back order. Never run out, stay on track and
every thirty days we will ship you a one month supply of
LEANGENIX, limited to one free trial per household.
Request
to cancel a shipment must be received seven days before the
shipment date, if cancellation request is received after the
shipment or the non-trial refund policy will apply, as we
can't stop a shipment when the delivery man has it and it is
on the way.
Non-trial/Auto Ship Terms and
Conditions - Fair Exchange Policy
If any
reason you decide to return an order or any auto-ship
orders, you may return your product unopened to our
warehouse for a 30% fair exchange handling charge to cover
shipping, packaging, customer service, and warehouse
charges. Since by ordering the product you agreed to receive
the merchandise, if you forget to cancel an auto ship or
change your mind, then we can refund you 70% of your
purchase price and remain in fair exchange, thus both
accepting responsibility. If you have questions we welcome
them before your initial purchase. Sounds fair, doesn't it.
That's why it's called fair exchange.
It's
simple to return your product and take advantage of our fair
exchange policy on subsequent orders please call or email to
request a return authorization number. This return
authorization numbers is for two reasons. One is to protect
the customer. It ensures that you have a number for your
records that attaches the return products to the initial
order so that the refund can be processed. If we know who
returned the product, then we can refund that person. Two is
for our company. It let us know to be on the lookout for
your return package and when it hits the warehouse the
product is then linked to the order, then it can expedited
to our customer service for the refund. Without it we can't
link it to the order and process the refund. If you return a
product marked return to sender there is no way we can link
the product to the order. The request of the return number
protects you from not receiving your refund. It's that
simple. Refunds can only be issued to card purchased with,
and only merchandise returned within 30 days of purchase can
be returned. Packages of 2 bottles or 3 bottles must all be
returned to process the 70% refunded amount, if all
merchandise is not returned in package then a twenty dollar
per bottle return for bottle return will be refunded to keep
us in fair exchange a thirty percent fee for each bottle in
the package.
REFUND POLICY
Following the 21-day trial period, if for any reason, Buyer decides to
cancel the receipt of any future orders of LEANGENIX™, Buyer must notify
Seller by email as set forth herein within at least 7 days prior to the
next scheduled shipment of LEANGENIX™. If Buyer submits a cancellation
request in advance of the 7 day deadline prior to the date of the next
scheduled shipment of LEANGENIX™, Buyer will not incur any new charges.
If Buyer submits a cancellation request after the passage of the 7 day
deadline but prior to the next scheduled shipment of LEANGENIX™, 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. If Buyer receives and subsequently decides to return
the LEANGENIX™ 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 LEANGENIX™ to Seller at the shipping
address included with the LEANGENIX™ 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 LEANGENIX™ at
least 7 days before the passage of the date of the next scheduled
shipment of LEANGENIX™ and Buyer receives another shipment of LEANGENIX™
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 LEANGENIX™ to Seller at the shipping address
provided with the LEANGENIX™ 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 and
unopened 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 LEANGENIX™ through the original
method of payment that the Buyer used to complete the initial purchase
of LEANGENIX™.
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 LEANGENIX™ has to the Buyer. Buyer acknowledges the length of
the refund period as set forth herein and agrees that the length of the
refund period is reasonable and further agrees to try the LEANGENIX™
product during the initial 30 day period following receipt of the
LEANGENIX™ 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 LEANGENIX™ and Buyer will have no further right of
redress or refund for any reason.
FURTHER DESCRIPTION OF
LEANGENIX™
Buyer warrants an understanding that the Buyer has no license,
permission or right to duplicate the LEANGENIX™ 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
Buyer warrants an understanding that the Buyer has no license,
permission or right to duplicate the LEANGENIX™ 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. The Buyer must pay
the full consideration for the LEANGENIX™ 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, as provided in the Privacy
Policy. 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.
As provided in the Privacy Policy, 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.
As provided in the Privacy Policy, 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 LEANGENIX™ 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 LEANGENIX™ and is the true and authorized
owner of the credit card used to complete any purchases of LEANGENIX™.
Any Buyer who violates any of these requirements may be liable for
civil or criminal prosecution and agrees to pay liquidated damages to
BodyXcellence, LLC in an amount the equivalent of US$10,000
dollars per each individual fraudulent transaction, plus actual
damages, and Buyer further agrees that all information collected by
BodyXcellence, LLC. whether through the www.LEANGENIX™.com
website or by other means may be used for prosecution purposes and may
be turned over to law enforcement agencies, credit card companies and
merchant service providers.
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 LEANGENIX™ product is sold 'as is' and without any warranty or
guarantee of any kind, whether express or implied. The LEANGENIX™
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 LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™ product is defective and requesting that a
replacement product be shipped or requesting a refund is 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
LEANGENIX™, including but not limited to, ingestion of or application to
Buyer's person, the use of the LEANGENIX™ product personally or in
business, all taxes and regulations that are or may be applicable to
the purchase of LEANGENIX™ 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
LEANGENIX™. Buyer agrees, as part of the consideration that is required
to purchase LEANGENIX™ 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 LEANGENIX™ disclaims all liability for the product or damages
resulting from the use of LEANGENIX™ for any reason. Buyer alone accepts
full responsibility for allowing others to use LEANGENIX™. 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 LEANGENIX™ 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 LEANGENIX™, no matter what damage may be
allegedly or actually caused by the purchase and/or use of LEANGENIX™,
or no matter the harm or damage that may result directly or indirectly
from the purchase and/or use of LEANGENIX™, 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 the LEANGENIX™ website or other
websites. Seller disclaims liability for any of Buyer's interaction
with other visitors or other members of the LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™. If Buyer is
purchasing and/or using LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™ 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
LEANGENIX™ product and
Buyer warrants a clear understanding that Buyer's sole and only course
of action is to test the LEANGENIX™ 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 LEANGENIX™
product, the maximum amount of liability shall be the purchase price of
the LEANGENIX™ product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of Sellers Privacy Policy pertaining to the use of the
LEANGENIX™ 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 LEANGENIX™ or information contained on the
www.LEANGENIX™.com website that results in a damage award against the
Seller.
RIGHT TO STOP SELLING
LEANGENIX™ TO CERTAIN PURCHASERS
Buyer agrees that Seller has the exclusive and sole right to continue
and/or discontinue the sale of the LEANGENIX™ 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 LEANGENIX™ 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 LEANGENIX™. 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
LEANGENIX™ 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 LEANGENIX™, that any cause of action
is presumed to have arisen in the city and county of King, state of
Washington.
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 LEANGENIX™, 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 LEANGENIX™ or the material set
forth in LEANGENIX™ 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 King, State of Washington declared
in the contact information as specified below:
BodyXcellence, LLC
3225 McLeod Dr. Ste 100
Las Vegas, NV 89121
USA
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 Washington, 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 Washington.
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
The Seller of this product is:
BodyXcellence, LLC
3225 McLeod Dr. Ste 100
Las Vegas, NV 89121
USA
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "Finish My Order" button, and purchasing
LEANGENIX™, 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.
Copyright © 2009 LEANGENIX™ -
BodyXcellence, LLC.
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