PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Rejuvenation Science, Inc., a California corporation. By ordering products from Maximum Vitality®, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Maximum Vitality®, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Maximum Vitality® STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Maximum Vitality’s® sole discretion.
- Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Maximum Vitality®.
- Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within Maximum Vitality’s® sole discretion, and unless otherwise agreed to by Maximum Vitality®, payment must be received by Maximum Vitality® prior to Maximum Vitality’s® acceptance of an order. Payment for the products may be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Maximum Vitality®. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Maximum Vitality® may invoice parts of an order separately. Orders are not binding upon Maximum Vitality® until accepted by Maximum Vitality®. Any quotations given by Maximum Vitality® will be valid for the period stated on the quotation, or one month from date of quote if no date is specified on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer agrees to pay non-sufficient check charges of $35 per check. Customer agrees to pay costs of collection, including attorney fees, if any.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Maximum Vitality’s® invoice(s). Unless Customer provides Maximum Vitality® with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Maximum Vitality’s® acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for taxes on Maximum Vitality’s® net income. If applicable, a separate charge for taxes will be shown on Maximum Vitality’s® invoice.
- Title; Risk of Loss. Title to products passes from Maximum Vitality® to Customer on shipment from Maximum Vitality’s® facility. Loss or damage that occurs during shipping by a carrier selected by Maximum Vitality® is Maximum Vitality’s® responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
- Warranties, Disclaimers. Refund of price paid or replacement of product is your exclusive remedy. Maximum Vitality® SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THESE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Maximum Vitality® DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THESE PRODUCTS OR ANY PART THEREOF. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
The information contained on this site is general in nature and is intended for use as an educational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of the products shown, nor is the information intended as medical advice or diagnosis for individual health problems or for making an evaluation as to the risks and benefits of using a particular product. Customer should carefully read all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
- Return Policies. Maximum Vitality® products that are purchased directly from Maximum Vitality® by an end-user Customer may be returned by Customer in accordance with Maximum Vitality’s® guarantee in effect and posted on Maximum Vitality’s® website on the date of the invoice. Orders refused by the customer and returned to Maximum Vitality® in good, resalable condition are eligible for refund, less shipping costs and a 15 percent restocking fee. If a customer chooses automatic order refills and subsequently refuses their packages, the customer may be charged for shipping on their initial order in addition to shipping and restocking fees on their refused order. Simply calling and canceling an automatic reorder before it is shipped will avoid the necessity for incurring these fees.
- Products. Maximum Vitality’s® policy is one of on-going product update and revision. Maximum Vitality®. may revise and discontinue products at any time.
- Limitation of Liability. Maximum Vitality® DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. Maximum Vitality® WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
- Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Maximum Vitality®, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Maximum Vitality®“) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Maximum Vitality’s® advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Maximum Vitality®. The arbitration shall be held in Los Angeles County, California at the office of Maximum Vitality®, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
- Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own use only, and not for resale. Maximum Vitality® has separate terms and conditions governing resales.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- Acceptance. By ordering any product from Maximum Vitality®, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the Maximum Vitality® site.
- International Orders. It is the responsibility of our customers to be sure that they are allowed to import nutritional supplements from the U.S.
- It is the Customer’s responsibility to find out about your country’s customs regulations relating to the products you wish to import. The customer is responsible for your country’s customs fees, duties, and/or taxes, if any, which are usually collected when the order is delivered to you. Customer assumes the risk for any products confiscated or opened by customs. Maximum Vitality® does not know your country’s current customs regulations and therefore does not refund purchase price for any product not returned to us in good condition.
- In the event an order is returned to Maximum Vitality® by Customs, refund is limited to the purchase price of the unopened product returned, less return shipping fees equal to the outbound shipping fee and less any other charges incurred, such as quarantine fees or warehousing fees assessed by the customs in your country. Outbound shipping and handling charges for returned orders are not refundable.
- Black Market Product. If you find our products anywhere other than at an authorized reseller or on our website, it is either counterfeit or black market diverted product. We accept no responsibility whatsoever for these counterfeit or black market products.