Date of last revision: 11/30/2017
The website www.buyrecharge24.com, and all areas, services or content offered or available on it or the interactive online service operated by Summit Biocueticals and/or its affiliates on the World Wide Web (collectively, “Website”) are Internet properties of Summit Biocueticals (“Summit Biocueticals,” “we” or “us”). Summit Biocueticals offers the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 11 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 11 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
Summit Biocueticals reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://buyrecharge24.com/terms-and-conditions/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
- Website Use
- Website User Conduct and Restrictions
- Order Placement and Acceptance
- AUTOMATIC PAYMENT AND SHIPMENT TERMS
- Refund Policy
- Products and Prices Available on the Website
- NO MEDICAL DIAGNOSIS OR TREATMENT
- DISCLAIMERS OF WARRANTIES; LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Summit Biocueticals’ Additional Remedies
- Communicating with Summit Biocueticals
- Notice and Takedown Procedures; Copyright Agent
- Third-Party Links
- Entire Agreement
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Contacting Us
SECTION 1 – WEBSITE USE
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS.
- Subject to your continued strict compliance with all Terms, Summit Biocueticals provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (1) the Website contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and that the entire contents of the Website are copyrighted as a collective work under the United States copyright laws; (2) Summit Biocueticals is the exclusive owner of the copyright and all other intellectual property rights in the entire Website; (3) Summit Biocueticals owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it; (4) Each third party content provider owns the copyright in content original to it; (5) You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it; (6) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Website without the express written permission of Summit Biocueticals and, if applicable, the copyright owner; and (7) In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You further acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted material or any other material protected by intellectual property laws. All trademarks appearing on the Website are the exclusive property of their respective owners, including, in some instances, Summit Biocueticals, and/or affiliated companies.
- You hereby grant to Summit Biocueticals and its respective affiliates a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, content or information sent by you to Summit Biocueticals (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
- Summit Biocueticals shall have the right at any time to change or discontinue any aspect or feature of the Website including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof.
- You shall provide Summit Biocueticals with accurate, current, and complete contact and payment information at the time of purchase or enrollment, and you shall update this information to the extent that there are any changes to it.
- You agree not to take any action to interfere with the function or accessibility of the Website or to take any action to restrict the access of others thereto.
- The foregoing provisions of this Section 2 are for the benefit of Summit Biocueticals, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
- Summit Biocueticals has carefully designed the Website with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Website in any way that interferes with that purpose. In particular, Summit Biocueticals prohibits any party from displaying the content on the Website in any format where third party advertising or other materials that Summit Biocueticals did not authorize in writing is viewed or viewable together with Summit Biocueticals’ proprietary content.
- You agree that products purchased on the site are for personal use only and not purchased for resale. If a customer violates this policy, the customer may no longer be permitted to place orders through the Website.
SECTION 4 – ORDER PLACEMENT AND ACCEPTANCE
You agree that any products you purchase from Summit Biocueticals and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.
If you order a product, payment must be received by Summit Biocueticals before your order is accepted unless you are participating in a trial offer program (see Section 5). Summit Biocueticals may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.
Summit Biocueticals does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If Summit Biocueticals discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, Summit Biocueticals will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by Summit Biocueticals.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
SECTION 5 – AUTOMATIC PAYMENT AND SHIPMENT TERMS
If you are participating in a trial offer program, you are obligated to pay for shipping in the amount specified at the time of enrollment. Upon the expiration of the trial period, you will be automatically enrolled into our VIP Monthly Savings Program, and the payment card you provided at the time of enrollment in the trial program will be billed in the amount specified at the time of enrollment in the trial program, plus shipping and handling. Thereafter, your payment card will be billed monthly in that amount and your product shipped every 30 days thereafter unless and until you cancel. If you feel that the product ordered is not for you, then you may cancel within the trial period to avoid being automatically enrolled into our VIP Monthly Savings Program. If you are placing an order online, by telephone or other order method to directly enroll in the VIP Monthly Savings Program or any other automatic renewal program, your participation in the program shall be in effect until it is cancelled or for the length of the automatic renewal period, whichever occurs first. We may, in our sole discretion, terminate the program or your participation in the program at any time without notice to you.
IF YOU PARTICIPATE IN AN AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND AGREEMENT TO PARTICIPATE IN THE PROGRAM. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN AN AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO AT ANY TIME BY CONTACTING (855) 906-4697 OR BY E-MAILING SUPPORT@BUYRECHARGE24.COM.
You are obligated to provide current, complete, and accurate information for your account. You are responsible for updating all information, including credit card or payment information, to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft) or your shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at (855) 906-4697 or firstname.lastname@example.org. If you participate in an automatic shipment program using a credit card and your credit card fails to process for a subsequent shipment, you agree that Summit Biocueticals may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection.
SECTION 6 – SHIPPING
Unless otherwise stated on the Website at the time of purchase, Summit Biocueticals reserves the right to add applicable shipping and handling fees to your order. Unless otherwise stated, Summit Biocueticals will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Although Summit Biocueticals may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, Summit Biocueticals will contact you at the e-mail or street address you provided when placing your order. If Summit Biocueticals is unable to contact you or you would like to cancel your order, Summit Biocueticals will cancel the order and refund the full amount charged. Summit Biocueticals shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by Summit Biocueticals. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. Summit Biocueticals reserves the right to reject orders where the stated delivery address is outside the United States.
SECTION 7 – REFUND POLICY
Shipping and handling charges will not be refunded. All products purchased through Buyrecharge24.com. We offer a lifetime money back guarantee on all our products. If you are not satisfied with your product for any reason, simply contact a customer service representative at (855) 906-4697 or email@example.com anytime after purchase to request a refund and to receive instructions on how to return the product to us so that your refund can be processed. All returned packages require a Return Merchandise Authorization (RMA) number to ensure accurate and prompt processing of the refund to your account. RMA numbers can be obtained by contacting a customer service representative. When requesting a refund, you need to send back the product either used or unused in order for a refund to be issued. Please note, however, that you will be responsible for the costs of shipping the product back to us. Returned products must be sent to the following address within seven (7) days of your receipt of the RMA number from our customer service representative:
FDC Returns C/O Recharge 24
PO Box 61553
Savannah, GA 31420
SECTION 8 – PRODUCTS AND PRICES AVAILABLE ON THE WEBSITE
Summit Biocueticals reserves the right, without notice, to discontinue products or modify specifications and prices on products without incurring any obligation to you. Summit Biocueticals takes reasonable steps in an effort to insure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. However, when ordering products, please note that Summit Biocueticals does not warrant that product descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is to return it to us in an unused and undamaged condition to
FDC Returns C/O Recharge 24
PO Box 61553
Savannah, GA 31420
or by calling a customer care professional at (855) 906-4697. Summit Biocueticals’ descriptions of, or references to, products or services not owned by Summit Biocueticals are not intended to imply endorsement of that product, or constitute a warranty by Summit Biocueticals unless expressly stated on the Website.
SECTION 9 – NO MEDICAL DIAGNOSIS OR TREATMENT
SUMMIT BIOCUETICALS IS COMMITTED TO HELPING YOU IMPROVE YOUR ENERGY LEVEL, ALLEVIATE STRESS AND LOSE WEIGHT. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS ARE NOT INTENDED FOR USE BY PERSONS UNDER 18 YEARS OF AGE AND THAT THE PRODUCTS ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT. SUMMIT BIOCUETICALS ENDEAVORS TO PROVIDE YOU WITH ACCURATE INFORMATION ABOUT OUR PRODUCTS. YOU UNDERSTAND AND AGREE THAT THE INFORMATION SUMMIT BIOCUETICALS CONVEYS ABOUT OUR PRODUCTS AND/OR THE EFFICACY OF OUR PRODUCTS IS OBTAINED FROM INDEPENDENT THIRD PARTIES SUCH AS NEWS AGENCIES, SCIENTIFIC REPORTS, AND SCIENTIFIC/RESEARCH ENTITIES. SUMMIT BIOCUETICALS DOES NOT WARRANT OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE, AND SUMMIT BIOCUETICALS DOES NOT REPRESENT OR ENDORSE ANY THIRD PARTIES OR THE METHODS THAT THEY USE TO ARRIVE AT THEIR CONCLUSIONS. ALL PRODUCT SPECIFICATIONS, PERFORMANCE DATA, AND OTHER INFORMATION ON THE WEBSITE IS FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY, AND DO NOT CONSTITUTE A GUARANTEE OR REPRESENTATION THAT THE PRODUCTS WILL CONFORM TO SUCH SPECIFICATIONS OR PERFORMANCE DATA. SUMMIT BIOCUETICALS DOES NOT WARRANT OR REPRESENT THAT OUR PRODUCTS WILL PROVIDE YOU WITH ANY PARTICULAR BENEFITS, OR THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS.
THE REPRESENTATIONS AND PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW, INCLUDING IN NEW JERSEY.
SECTION 10 – DISCLAIMERS OF WARRANTIES; LIMITATIONS OF LIABILITY
- YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER SUMMIT BIOCUETICALS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WESBITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE WEBSITE.
- THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SUMMIT BIOCUETICALS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT SHALL SUMMIT BIOCUETICALS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 10 SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
- SUMMIT BIOCUETICALS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY OTHER USERS OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL SUMMIT BIOCUETICALS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH, LIFESTYLE, OR FINANCIAL INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
- SUMMIT BIOCUETICALS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH SUMMIT BIOCUETICALS’ PRODUCTS OR SERVICES AT THE TIME OF PURCHASE) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SUMMIT BIOCUETICALS MAKES PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, SUMMIT BIOCUETICALS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- H. NOTICE TO NEW JERSEY RESIDENTS: As a New Jersey resident, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.
SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
- Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Summit Biocueticals, LLC, 9901 Brodie Lane, Suite 16-744, Austin, TX 78748 or by e-mail to Support@buyrecharge24.com. Summit Biocueticals will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Summit Biocueticals or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in the Austin, Texas to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
- Commencing Arbitration
You and Summit Biocueticals agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
- Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Austin, Texas unless Summit Biocueticals otherwise agrees to arbitrate in another forum requested by you.
- Organization, Rules and the Arbitrator
For your convenience, Summit Biocueticals will pay all of the filing costs for the arbitration, including the fees charged by the arbitrator. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
- Governing Law and Award
The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Summit Biocueticals, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Summit Biocueticals and shall not be modified except in writing by Summit Biocueticals.
Summit Biocueticals reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Summit Biocueticals product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Summit Biocueticals will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Summit Biocueticals product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO SUMMIT BIOCUETICALS AT SUPPORT@BUYRECHARGE24.COM FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
SECTION 12 – SUMMIT BIOCUETICALS’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Summit Biocueticals, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement or any infringement or threatened infringement by you of the intellectual property of Summit Biocueticals or a third-party, Summit Biocueticals shall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Summit Biocueticals from pursuing any other remedies available to it for such breach, threatened breach, infringement or threatened infringement, including the recovery of monetary damages from you.
SECTION 13 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Summit Biocueticals and its affiliates, and their respective directors, officers, employees, licensors, contractors, subcontractors, suppliers, parent companies, subsidiaries and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from or in any way connected with or related to (1) your use, misuse or inability to use the Website, (2) information you submit or transmit through the Website, or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.
SECTION 14 – TESTIMONIALS
Summit Biocueticals may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Summit Biocueticals’ products, in printed and online media, as Summit Biocueticals determines in its absolute discretion. Testimonials represent the unique experience of the customer submitting the testimonial, and does not necessarily reflect the experience that you may have using our products. Your results will vary depending upon a variety of factors unique to you, such as your health, diet and level of exercise. Additionally, Summit Biocueticals reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Summit Biocueticals shall be under no obligation to use any, or any part of, any testimonial or product review submitted. By submitting a testimonial or product review, you agree, give permission for, and hereby forever and irrevocably grant any necessary license for Summit Biocueticals to publish and/or reproduce any part of the testimonial on the Customer Reviews and Testimonials pages of the Website, any other section of the Website, and/or in any other media. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
SECTION 15 – COMMUNICATING WITH SUMMIT BIOCUETICALS
You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from Summit Biocueticals may be monitored and recorded and you consent to such monitoring and recording.
You verify that any contact information provided to Summit Biocueticals is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to Summit Biocueticals and that by voluntarily providing your contact information to Summit Biocueticals, you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of Summit Biocueticals relating to this Agreement, any purchase or transaction with Summit Biocueticals, your account (including debt collection), promotions regarding and advertisements for Summit Biocueticals’ products, customer satisfaction surveys, and product inquiries. You agree to receipt of such communications made by or on behalf of Summit Biocueticals even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that Summit Biocueticals will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase with Summit Biocueticals.
You agree to provide Summit Biocueticals notice within 30 days of any change to your contact information by calling us at (855) 906-4697, e-mailing us at firstname.lastname@example.org, or writing to us at Summit Biocueticals, LLC, 9901 Brodie Lane, Suite 16-744, Austin, TX 78748.
SECTION 16 – NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Summit Biocueticals by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Summit Biocueticals may find it on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
SECTION 17 – THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties. Third-party links on the Website may direct you to third-party websites over which we have no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by Summit Biocueticals of that third party’s site’s content, product or services. Summit Biocueticals has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on any website that links to or from the Website. You acknowledge that Summit Biocueticals is not responsible for examining or evaluating the content or accuracy of any third-party websites, and that Summit Biocueticals does not warrant nor have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable, directly or indirectly, for any harm, loss or damages caused or alleged to be caused by the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 18 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “RUSH MY TRIAL”, “PAY NOW”, “COMPLETE ORDER”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that Summit Biocueticals shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 9 through 15, 17, 19 through 23, and 25 through 26 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Summit Biocueticals.
SECTION 19 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Summit Biocueticals and governs your access and use of the Website and your ordering, purchasing and use and/or attempted use of any product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and Summit Biocueticals. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 20 – NO WAIVER
No failure or delay on the part of Summit Biocueticals in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Summit Biocueticals.
SECTION 21 – GOVERNING LAW AND VENUE
SECTION 22 – FORCE MAJEURE
Summit Biocueticals shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Summit Biocueticals’ performance.
SECTION 23 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with any Summit Biocueticals company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “RUSH MY TRIAL”, “PAY NOW”, “COMPLETE ORDER”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 24 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://buyrecharge24.com/terms-and-conditions/. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by Summit Biocueticals in writing, these terms and conditions may not be amended by you.
SECTION 25 -YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand the terms contained in this Agreement; and (3) that any products you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute or export any product that you order from the Website. You further represent that Summit Biocueticals has the right to rely upon all information provided to Summit Biocueticals by you, and Summit Biocueticals may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
SECTION 26 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 27 – CONTACTING US
If you have any questions, please feel free to contact us by calling us at (855) 906-4697, e-mailing us at email@example.com, or writing to us at Summit Biocueticals, LLC, 9901 Brodie Lane, Suite 16-744, Austin, TX 78748.