Terms and Conditions
We will be honest and make genuine and sincere effort to communicate openly and constructively with you. We will try to price our products so that they are affordable. We will produce quality products. If we make a mistake (ship to the wrong address, etc.), we would like a chance to address and correct that mistake. Similarly, if you make a mistake (credit card fails to authorize, etc.), we will give you opportunities to address and correct the situation. We believe that we can get the best outcome for everyone if we work with each other.
We want to be your partner and want you to confidently rely upon us. If you are not comfortable with our performance, our terms, our product or anything else about our company or if you would like to offer a testimonial or help us, please contact us. By using our site, using our product or purchasing from us, you are agreeing to all of these terms and conditions. If you have any questions about any word or phrase, contact us and ask about it.
Always seek and receive the advice of your own physician before taking any of our products. Regarding any medical questions or conditions always seek and receive the advice of your own physician or other qualified healthcare professional. The content of and products listed on our website (or referred to therein) are not intended to diagnose, treat, cure or prevent any disease, nor recommended as a substitute for medical advice, diagnosis, or treatment. You agree that we are not providers of medicine or medical care and cannot be responsible, and you agree that we are not responsible, for any and all medical consequences or damages. The statements on our website have not been evaluated by the FDA. You agree that the content of the website is being used to market products, will change from time to time, and may contain errors. You agree that you are not relying on or using our products or the content of our website for the diagnosis, treatment or prevention of any disease or medical condition; or for medical advice.
It is our goal to ship your product on the same day that you purchase the product. Our backup plan is to ship the product on the next business day. Sometimes weather, life and other events prevent us from doing this. Provided that we are not prevented from doing so, we will ship within 5 business days of your order being placed. If you choose to receive your order outside of the United States, we will add our actual shipping costs (estimated at $30-$300) for each shipment.
Because our products are certified products and because we guarantee that our products have no filler and contaminants, we are unable to accept returns and unable to issue refunds. Please note that this means that you have no right to a refund and that we do not issue refunds. However, we will send replacement product to you in the event that your product was damaged during shipping. To make a claim for replacement product, take pictures of the damaged shipping container and the damaged product on the same day that you receive the shipment. Then, contact us. When we send an email in response to your claim, simply attach the pictures and let us know how much product you need to receive. Similarly, if you do not receive your shipment, please let us know and we will verify that it was not sent and then either identify the location of your product or resend your product. This is your sole remedy for product not received, there is no refund. Thank you in advance for your understanding. In the event that you request a refund, you return the unopened package that is sent to you, we receive all of the product unopened and without any wear or damage, and we decide to issue a refund then we will withhold fifty dollars from your refund for processing, restocking and shipping. We are interested in your feedback and appreciate your time and effort.
2. INFORMATION COLLECTION PRACTICES
2.1. TYPES OF INFORMATION COLLECTED
(a) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) types of computers accessing the Site; (3) types of web browsers used to access the Site; (4) referring site; (5) pages visited on the Site; and (6) the duration of your visit to the Site (your “Session”) (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, to store your password so you do not have to re-enter it each time you visit the Site, and to gather other Session information.
(b) PERSONAL INFORMATION COLLECTED. In order for you to access services and to purchase products that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and (2) Financial Data (such as your account or credit card number). If you communicate with us by e-mail, or otherwise complete any online forms, surveys, or contest entries on the Site, any information provided in such communication may be collected as Personal Information.
2.2. USES OF INFORMATION COLLECTED.
(a) USE OF INFORMATION. We may use Contact Data to send you information about the Company, our products or services, to fulfill an order you have placed, or to contact you when necessary. We may use your Financial Data to bill you for products and services.
(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from us, you may select the appropriate “opt-out” option each time we ask for your Personal Information. Further, you may always “unsubscribe” from receiving future email correspondence from Company, by selecting this option from a Company email transmission you have received.
(d) DO NOT TRACK DISCLOSURE.
(i) Most browsers offer “Do Not Track” (DNT) features that let you communicate to websites that you do not wish to be tracked around the web. The Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. DNT was designed to limit tracking across different websites and online services, and not data collection from websites you visit directly. Therefore, our data collection and use is outside the scope of a DNT request, and we do not currently recognize or respond to browser-initiated DNT signals.
3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal profile at our website by logging in to your account. Through your personal profile you may: (a) review and update your Personal Information that we have already collected; and (b) choose whether or not you wish us to send you information about our company.
3.2. LOST OR STOLEN INFORMATION. You should promptly notify us if your account is used without your permission. In such an event, we will assist you in establishing a new password for your account.
3.3. PUBLIC INFORMATION. The Site may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We may also make forums or message boards available to you. Please understand that any information that you choose to disclose in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
4. CHILDREN’S ONLINE PRIVACY PROTECTION. This website is not intended for use by minors and does not direct content to children under the age of 13. We do not knowingly collect personal information from children under the age of 13, and if we become aware of such collection, we will take reasonable steps to delete any such information as soon as practicable.
All subscription charges are purchases. Subscription renewals, including shipping costs, will automatically charge on the renewal date. Future subscription purchases can be cancelled at any time. However, once the subscription charge runs successfully, we do not refund the purchase. Subscription renewals will charge at the price in effect on the date of the renewal, unless we choose to charge a lower price. Cancellations are done by email or by contacting us, in person, or through other means is not effective. When it is time for your renewal, we charge the credit card that you have on file. If the charge fails to process, we will try to process the purchase at least three times and may try many more times. To accommodate shipping, fulfillment and business needs as well as holidays, renewals may execute up to seven days early. We reserve the right to cancel or suspend your subscription at any time for any reason or for no reason. You may create more than one subscription, each subscription is handled independent of the others.
You agree that so long as we deliver the product that you purchase that you are not entitled to a charge-back and that we are entitled to receive one hundred percent of the money charged for the product that we delivered. All Subscriptions are auto-renewing and can be cancelled by you at any time, but once they renew, you may not receive a refund for that purchase.
We will try to get your order right each time we charge you. There is no sales tax for deliveries inside the US. If your destination collects sales/vat or similar tax on our products, we will charge you, perhaps in a separate charge, for those taxes and you agree to pay those taxes. If you are not being charged the correct amount of tax, please let us know immediately. From time to time, disputes in billing or charge amounts occur. If and when they do, we would like to work with you to resolve the matter. You agree to give us 30 days to review and respond to your concerns before you notify any other party, including parties related to your payment(s). Should you choose to notify any other party before the expiration of 30 days after you notified us, you agree to immediately cancel all charge-back procedures and to pay for our time and expense to communicate with you or our gateway processor, including communications related to chargebacks, concerns or disputes. If you initiate a chargeback procedure and there is no finding within 60 days that the chargeback is appropriate or there is a finding that the amount charged is not subject to refund; in addition to the amount of the charge in dispute, you agree to pay us the greater of two hundred fifty dollars or the amount of the charge in dispute. Regardless of who was involved when or the result of any chargeback procedure, we have an absolute right to collect one hundred percent of money owed for products or services purchased or delivered.
Intellectual Property Policy
Whatever we create and whatever you submit to us belongs exclusively to us and we retain all the rights associated or related to it. Unless we request otherwise, you are welcome to link to our site so long as the link is presented and used in a manner that does not provide, or potentially provide, detriment to us. We retain the right to ask you to de-link our site and you agree to do so upon such request. When you submit thing(s) to us, including but not limited to text, video, audio, animations, art-work, testimonials, emails, contact forms, drawings, software, designs, ideas or anything tangible or not tangible; you are agreeing (1) that we can use it in any way we want, (2) that without reservation, you transfer and assign all of your rights to us or our designee, and (3) that unless there exists a written and signed contract detailing compensation owed to you, we will not owe or pay compensation to you. You agree to cooperate with us in protecting or perfecting our rights and to execute whatever documents may tend to do that. In order to enforce our rights, asserted rights or potential rights; you agree to be bound by the issuance of an injunctive order and agree that the bond amount need only be one thousand dollars. If you have any doubts or questions about any intellectual property, please feel free to contact us and initiate discussion.
Waiver of Consumer Rights, Waiver of Duties, Limitation of Claims, and Limitation of Damages
YOUR LEGAL RIGHTS AND REMEDIES ARE LIMITED BY THIS AGREEMENT
We are Effective Delivery Systems LLC doing business as Abbey Research, LTD. (we, our, us, or Company). The Beneficiaries are our employees, managers, executives, officers, contractors, representatives and agents. The parties to this agreement are you, us, and the Beneficiaries and you agree that there is a legitimate commercial reason to incorporate all of these parties. This agreement and every term, word, phrase, idea or concept herein inures to the benefit of the Beneficiaries. Except as otherwise specified in a separate contract that is actually signed by you and by us (Contract), you agree that if you transact business with us, purchase from us (each subscription renewal is a separate purchase), resell our product, use a coupon code, link to our site, sell to us, use our intellectual property, or consume our product, then you are bound to these terms and conditions and the agreement to arbitrate (Terms). You agree that these Terms may change, that you will read these Terms before each time that you are bound to them, that you waive and do not need notice regarding the changes to these Terms, and that each subscription renewal will bind you to the then-current Terms. Except for a Contract, this is the only agreement between the parties and subsumes all other oral and written agreements, inducements, promises, expectations, duties, obligations, and requirements. Should any term of this agreement be illegal, unenforceable, or unconscionable, the remaining terms of the agreement shall remain in full force and effect. The parties agree to modify the term(s) declared to be illegal, unenforceable, or unconscionable in such a way as to retain the intended meaning or effect of the term(s) as closely as possible. The parties agree to cooperate with each other in the drafting and execution of additional documents as are reasonably requested or required to affirm and implement the terms or spirit of this agreement.
YOU AGREE TO WAIVE CLAIMS OF NEGLIGENCE, TO WAIVE CLAIMS OF GROSS NEGLIGENCE, AND TO WAIVE CLAIMS OF INTENTIONAL TORT
You agree to waive your rights under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of your own selection, you voluntarily consent to this waiver.
You agree not to seek DTPA treble damages and to waive any right that you may have or come to have for DTPA treble damages.
YOU AGREE THAT IF YOU INGEST OUR PRODUCT(S) THAT IT IS ONLY BECAUSE YOUR DOCTOR ADVISED YOU TO DO SO, THAT IT IS REASONABLE FOR US TO RELY UPON YOUR REPRESENTATION, AND THAT WE ARE ACTUALLY RELYING UPON IT. YOU AGREE THAT WE HAVE MADE NO WARRANTY OR REPRESENTATION OF FITNESS FOR ANY PURPOSE AND THAT THERE IS NO WARRANTY MADE, UNDERSTOOD OR RELIED UPON. YOU AGREE THAT YOU ARE INELIGIBLE TO PARTICIPATE AND WILL NOT PARTICIPATE IN ANY CLASS-ACTION SUIT AGAINST US AND THAT IF YOU ARE INCLUDED IN A CLASS-ACTION SUIT THAT ALL OF YOUR RIGHTS AND REMEDIES ARE IMMEDIATELY AND IRREVOCABLY ASSIGNED TO US. YOU AGREE THAT IN ANY AND EVERY CIRCUMSTANCE AND UNDER EVERY LEGAL THEORY OR PROOF OF LIABILITY THAT UNLESS STATUTORY RIGHTS ARE MANDATED, YOUR SOLE REMEDY AGAINST US OR A BENEFICIARY IS CAPPED OR LIMITED TO THE AMOUNT OF MONEY THAT YOU PAID US IN THE TWO YEARS PRIOR TO RAISING A CLAIM AGAINST US AND THAT YOUR CLAIMS FOR DAMAGES AND YOUR DAMAGES ARE LIMITED TO DIRECT DAMAGES AND WILL NOT INCLUDE INDIRECT, INCIDENTAL, CONSEQUENTIAL, CONTRIBUTORY, PUNITIVE, OR EXEMPLARY DAMAGES. YOU AGREE THAT OUR WAIVER OF A BREACH OR FAILURE TO EXERCISE A REMEDY DOES NOT OBVIATE ANY PART OF THE AGREEMENT. YOU REPRESENT AND YOU AGREE THAT WE REASONABLY RELY UPON YOUR REPRESENTATION THAT YOU HAVE READ AND THAT YOU COMPLETELY UNDERSTAND THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE LEGAL MEANING OF EVERY WORD, PHRASE, SENTENCE AND PARAGRAPH; AND THAT YOU ENTER THIS AGREEMENT WITHOUT RESERVATION, CONCERN OR DOUBT.
AGREEMENT TO ARBITRATE
Under the authority of the Federal Arbitration Act, the parties agree to have all claims decided exclusively by arbitration before a single arbitrator pursuant to the rules of the American Arbitration Association (AAA). Said claims include counterclaims and are defined in the broadest possible way without limitation and without reservation. Claims include (but are not limited to) all civil claims, all tort claims including intentional torts, all contract claims, all claims created by statute, regulation, or common law; all equity claims, all damage claims, all claims in any way related to us, the Beneficiaries or the operation of the Company; all claims in any way related to choices, decisions, conduct, or omissions made by us or the Beneficiaries; all cause of action of any kind or character, all legal or equitable theories, and all claims based on any legal or other right, all claims whether known or unknown, fixed or contingent, liquidated or unliquidated, ripe or not ripe, pre-existing or later formed, or arising out of or any way connected with any past, present or future act, omission, or event that is in any way related to at least one party. The claims that are subject to arbitration go beyond this agreement and the subject-matter of this agreement. These arbitration terms apply comprehensively to the parties and all of their interactions, agreements, obligations, expectations, duties, acts, or omissions and include claims that already exist, are from the past, or in the future. The parties agree to arbitration for claims that could be maintained without reference to this agreement. Whether or not there is a valid agreement is to be decided in by an arbitrator. Whether or not there is an agreement to arbitrate is to be decided by an arbitrator. Whether or not a claim falls within the scope of arbitration is to be decided by an arbitrator. For amounts in controversy that are less than or equal to twenty five thousand US dollars, the parties agree to the AAA Consumer Arbitration Rules and expenses of arbitration shall be paid by the Company. For amounts in controversy that are greater than twenty five thousand US dollars, the parties agree to the AAA Commercial Arbitration Rules and Mediation Procedures, the expenses of arbitration shall be shared equally between you and the Company, and unless done unanimously, the parties may not opt out of the rule requiring mediation. The parties agree that the Company will pay for the Company’s attorney fees and expenses and for the attorney fees and expenses of the Beneficiaries, and that you will pay your attorney fees and expenses. The arbitrator may not order another party to pay your attorney fees or expenses. If you receive a settlement offer that would dispose of all issues before the arbitrator and you reject that offer and subsequently you do not receive an award from the arbitrator or you receive an award from the arbitrator that is less than or equal to the settlement offer, then you agree that you are required to pay for (a) all of the costs of arbitration and (b) all of the attorney fees and expenses incurred by the offering party from the time of the offer. The arbitrator will examine each claim made by you and evaluate whether or not each claim is supported by both fact and settled law. If the arbitrator determines that you made one or more claims that are not supported by both fact and settled law, then you will have to pay (a) all of the costs of arbitration, and (b) all of the attorney fees and expenses of the party against whom you made such claim. The parties agree that an award against a Beneficiary is an award against the Company and that the Company has the obligation to pay such award on behalf of the Beneficiaries. You agree that a Beneficiary may compel you to arbitrate your claims. You agree that if you make a claim against a Beneficiary but not against the Company that you will not assert or maintain that it is necessary to include the Company as a party to the arbitration. The arbitrator must follow the laws of Texas. Arbitration will be conducted in Houston, Texas. The arbitrator may only award remedies as provided in this agreement. The parties agree that the AAA shall send a notice of hearing to the parties at least thirty calendar days in advance of the hearing date. The mediation will be scheduled with at least ninety days of notice. There shall be no hearing in the ninety days following a mediation. The arbitrator may only award direct damages as limited in this agreement and must delineate the awarded amount by claim. The arbitrator may not award indirect, incidental, consequential, contributory, punitive, or exemplary damages. The award of the arbitrator will be final and binding on the parties and judgment upon such award may be entered in any court having jurisdiction thereof. You agree not to seek damages that are greater than those awarded by the arbitrator. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim. The arbitrator shall have the power to determine the existence or validity of an agreement of which an arbitration clause forms a part. A decision by the arbitrator that the agreement is null and void shall not for that reason alone render invalid the agreement to arbitrate. Should any term of this agreement to arbitrate be illegal, unenforceable, or unconscionable, the remaining terms of the agreement to arbitrate shall remain in full force and effect. The parties agree to modify the term(s) declared to be illegal, unenforceable, or unconscionable in such a way as to retain the intended meaning or effect of the term(s) as closely as possible. The parties agree to cooperate with each other in the drafting and execution of additional documents as are reasonably requested or required to affirm and implement the terms or spirit of this agreement to arbitrate.
Should your Stronvivo be destroyed or lost in an accident or disaster, we will replace the expected unused amount of Stronvivo at only the cost of shipping. For example, if you purchase a 90 day supply of Stronvivo and your Stronvivo is destroyed or lost in an accident or disaster 65 days after your purchase, we will send you a replacement supply for the cost of shipping. (90 days - 65 days = 25 days That is, if you had been taking Stronvivo for 65 days then you would be expected to have 25 days of Stronvivo remaining.)