Purchase
Agreement-Continuity/ Refund &
Cancellation Policy
|
REMEMBER!!!
No Bull, No Excuses, 45 Day No-Risk -- 100%
Money Back Guarantee!
 We are so
confident that you'll love
how you look and feel using
CarbCruncherTM
- we are more than willing to put our money where our mouth is. If
you're unhappy for
any reason with CarbCruncher'sTM
performance
-
all
you have to do is return the unused portion and we will refund
your money (less the small shipping and handling charge of
course)
AND, you can keep the bonuses just for trying the
product! That way, we'll
be treating you exactly exactly the same way we like to be
treated - with dignity and respect and the utmost trust.
Our Integrity is
on the line, we won't let you down!!
R. Allan Bexton MD, and the team at IntelliNutrients
(see our policy). |
Notice -- Read This
WHEN YOU CLICK 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,
Intellinutrients.com
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 ANY
Intellinutrients PRODUCT TO YOU, AND YOUR ORDER
FOR
Intellinutrients PRODUCTS 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 term
Intellinutrients refers
to the corporate company - in
this document, it can refer to
more than one Intellinutrients
products and should be used
interchangeably with any
products created and marketed by
Intellinutrients.
The parties to this agreement
are
Intellinutrients, the owners of
Intellinutrients Products, the
www.Intellinutrients.com
websites 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
Intellinutrients
Products, where
Intellinutrients
Products are 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 are the
Intellinutrients
Products as described in
promotional or sales materials
on
www.Intellinutrients.com
and/or any of its product pages
(such as carbcrusher.com) and/or
in an email message that
referenced
www.Intellinutrients.com,
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
Intellinutrients product, that is
the subject matter of this
Purchase Agreement. The
Intellinutrients product may be
termed 'product' throughout this
agreement but the word 'product'
shall mean the Intellinutrients product that
is offered for sale as described
in sales or promotional
materials.
REFUND POLICY
Intellinutrients products provide
a 100% satisfaction guarantee.
Following placement of the
initial order for
Intellinutrients products, if for
any reason, Buyer decides to
cancel the receipt of any future
orders of Intellinutrients,
Buyer must notify Seller by
email as set forth herein within
at least 7 days prior to the
next scheduled monthly shipment
of Intellinutrients products. If
Buyer submits a cancellation
request in advance of the 7 day
deadline prior to the date of
the next scheduled monthly
shipment of Intellinutrients
products, Buyer will not incur
any new charges. If Buyer
submits a cancellation request
after the passage of the 7 day
deadline prior to the next
scheduled monthly shipment of
Intellinutrients products, Buyer
will be assessed a late
cancellation fee/restocking fee
equal to 30% of the purchase
price of the product that was
scheduled to be shipped to Buyer
plus $6.95. If Buyer receives
and subsequently decides to
return the Intellinutrients 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
Intellinutrients products to
Seller at the shipping address
included with the
Intellinutrients product within
30 days from the date that Buyer
ordered the product. Once the
product is returned to Seller as
set forth herein, if Buyer is
entitled to a refund, Seller
will issue a refund to Buyer
within 30 days from the date of
Seller’s receipt of the returned
product. If Buyer notifies
Seller of Buyer’s desire to
cancel any future shipments of
Intellinutrients at least 7 days
before the passage of the date
of the next scheduled monthly
shipment of Intellinutrients and
Buyer receives another shipment
of Intellinutrients 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
Intellinutrients to Seller at the
shipping address provided with
the Intellinutrients 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 Intellinutrients products
through the original method of
payment that the Buyer used to
complete the initial purchase of
Intellinutrients products.
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
Intellinutrients has to the
Buyer. Buyer acknowledges the
length of the refund period as
set forth herein and Buyer the
refund period and agrees that
the length of the refund period
is reasonable and further agrees
to try the Intellinutrients
product during the initial 30
day period following receipt of
the Intellinutrients 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 Intellinutrients and Buyer
will have no further right of
redress or refund for any
reason.
CONTINUITY AGREEMENT
http://Intellinutrients.com/Policies/continuity_agreement.htm
FURTHER DESCRIPTION OF
Intellinutrients Products
Buyer warrants an understanding
that the Buyer has no license,
permission or right to duplicate
the Intellinutrients product in any
form or to sell it, distribute
it or redistribute it, whether
for profit or not for profit, to
any person or entity for any
reason.
RIGHTS AND OBLIGATIONS OF THE
BUYER
The Buyer must pay the full
consideration for the
Intellinutrients product that the Seller
requires as the total price of
the product. This consideration
includes not only the purchase
price, but other obligations
that the Buyer accepts as well
as potential rights the Buyer
agrees to forego. By accepting
this Purchase Agreement, the
Buyer agrees to receive
continuing follow-up contact
from the Seller including email,
mail, newsletters, product
updates, product recall notices,
product improvements, telephone
calls from the Seller and/or
telemarketing organizations
and/or pollsters for the purpose
of solicitation related to the
instant product or any other
product or service. Buyer agrees
to post-sale contact from joint
venture partners of the Seller
or from others who have a
commercial relationship with the
Seller. Buyer agrees that all
personal information about the
buyer or his or her buying
habits and preferences,
including address and phone
number, may be placed in a
general database and agrees that
this information may be shared,
rented or sold to third parties.
However, Buyer shall at all
times be fully empowered to
sever contact with the Seller by
notification using the
'unsubscribe' link in
solicitations. Moreover, the
Buyer retains the right to
refuse specific contact with
some third party solicitors and
maintain it with others. The
Buyer retains the right to have
his or her name removed from a
general solicitation database.
The Buyer's agreement to accept
solicitation and contact may be
reduced, enhanced, limited or
terminated by notification to
anyone contacting the Buyer. The
burden is on the Buyer to prove
that such communication was made
to and received by the person
making contact. Buyer agrees
that Seller is not liable for
communications made to the Buyer
by parties unrelated to this
purchase even though referred to
Buyer by the Seller. Buyer
accepts full responsibility for
limiting unsolicited contact and
Buyer understands that he or she
retains all rights to directly
restrict communication or
solicitation from any party,
including the Seller.
The Buyer agrees to allow the
Seller to collect, store, and
use for marketing purposes all
information collected from,
provided by or otherwise
ascertained by electronic or
other means from the Buyer. The
Buyer, specifically, and as part
of the consideration paid for
this product, waives all right
to access, retrieve, or control
such information except that the
Buyer retains the right to
restrict contact as described
previously.
The Buyer understands that
cookies will be placed on his or
her hard drive that will provide
information to the Seller and
which are necessary for
delivering an email related to
Intellinutrients 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
Intellinutrients and is the true
and authorized owner of the
credit card used to complete any
purchases of Intellinutrients. Any
Buyer who violates any of these
requirements may be liable for
civil or criminal prosecution
and agrees to pay liquidated
damages to Intellinutrients, 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 Intellinutrients whether through the
www.Intellinutrients.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 Intellinutrients product is
sold 'as is' and without any
warranty or guarantee of any
kind, whether express or
implied. The Intellinutrients
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 Intellinutrients
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
Intellinutrients 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
Intellinutrients 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
Intellinutrients 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 Intellinutrients,
including but not limited to,
ingestion of or application to
Buyer's person, the use of the
Intellinutrients product
personally or in business, all
taxes and regulations that are
or may be applicable to the
purchase of Intellinutrients 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 Intellinutrients.
Buyer agrees, as part of the
consideration that is required
to purchase Intellinutrients 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 Intellinutrients
disclaims all liability for the
product or damages resulting
from the use of Intellinutrients
for any reason. Buyer alone
accepts full responsibility for
allowing others to use
Intellinutrients. 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
Intellinutrients 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 Intellinutrients, no matter
what damage may be allegedly or
actually caused by the purchase
and/or use of Intellinutrients,
or no matter the harm or damage
that may result directly or
indirectly from the purchase
and/or use of Intellinutrients, 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 Intellinutrients website or
other websites. Seller disclaims
liability for any of Buyer's
interaction with other visitors
or other members of the
Intellinutrients 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 Intellinutrients 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 Intellinutrients.
If Buyer is purchasing and/or
using Intellinutrients 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 Intellinutrients
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 Intellinutrients 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
Intellinutrients product and
Buyer warrants a clear
understanding that Buyer's sole
and only course of action is to
test the Intellinutrients 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 Intellinutrients product,
the maximum amount of liability
shall be the purchase price of
the Intellinutrients product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the
terms of Sellers Privacy Policy
pertaining to the use of the
Intellinutrients 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
Intellinutrients or information contained
on the
www.Intellinutrients.com
website that results in a damage
award against the Seller.
RIGHT TO STOP SELLING
Intellinutrients TO CERTAIN
PURCHASERS Buyer agrees that
Seller has the exclusive and
sole right to continue and/or
discontinue the sale of the
Intellinutrients
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
Intellinutrients 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 Intellinutrients. 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 Intellinutrients 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 Intellinutrients, that any
cause of action is presumed to
have arisen in the city and
county of Pinellas, state of
Florida.
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 Intellinutrients, 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
Intellinutrients or the material
set forth in Intellinutrients 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 Pinellas, State of
Florida declared in the contact
information as specified below:
Intellinutrients.com
Contact:
Mark Whyte, Director of Operations
661.835.8215
Contact us:
info@Intellinutrients.com
In the event that litigation is
initiated in federal court, the
proper court selected by the
party that initiates litigation
shall be the USDC for the Middle
District of Florida, 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
Florida.
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:
Intellinutrients.com
Contact:
Mark Whyte, Director of Operations
661.835.8215
Contact us:
info@Intellinutrients.com
FINAL ACCEPTANCE
By taking the affirmative step
of clicking the "I Accept"
button, or checking an
Acceptance box, and purchasing
IntelliNutrients, 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.
© 2007
IntelliNutrients. All Rights Reserved
