http://www.Boundless-Health.com/privacy-policy.htm
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for the 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 Boundless
Health 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 Boundless
Health products or services and is the true and authorized owner
of the credit card used to complete any purchases of such products.
Any Buyer who violates any of these requirements may be liable
for civil or criminal prosecution and agrees to pay liquidated
damages to Boundless Health, Inc. 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 Boundless Health whether through the www.Boundless-Health.com,
www.weightloss-advisor.com websites or by other websites and
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
Boundless Health product is sold 'as is' and without any warranty
or guarantee of any kind, whether express or implied. Boundless
Health product is being sold to Buyer with no warranty as to
merchantability or fitness for a particular purpose. There is
no 'warranty period'. There is only a refund period as described
herein.
However, without waiving any rights and defences as described
herein, in the event that the Boundless Health 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 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 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 consumable products, including but not limited to,
ingestion of or application to Buyer's person, the use of the
product personally or in business, all taxes and regulations
that are or may be applicable to the purchase of product 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
such products. Buyer agrees, as part of the consideration that
is required to purchase product 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 Boundless Health products disclaims all liability
for the product or damages resulting from the use of product
for any reason. Buyer alone accepts full responsibility for
allowing others to use product. 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 product 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 product, no matter what damage
may be allegedly or actually caused by the purchase and/or use
of product, or no matter the harm or damage that may result
directly or indirectly from the purchase and/or use of product,
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 Boundless Health
website or other websites. Seller disclaims liability for any
of Buyer's interaction with other visitors or other members
of the Boundless Health 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 Boundless Health product
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 the products. If Buyer is purchasing and/or using 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 product 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 product 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 Boundless Health
products and Buyer warrants a clear understanding that Buyer's
sole and only course of action is to test the 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 any product, the maximum amount of liability shall be the
purchase price of the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of Sellers Privacy Policy
pertaining to the use of the Boundless Health Ltd owned websites.
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 Boundless Health products or information
contained on the www.Boundless-Health.com website that results
in a damage award against the Seller.
RIGHT TO STOP SELLING product TO CERTAIN PURCHASERS Buyer
agrees that Seller has the exclusive and sole right to continue
and/or discontinue the sale of the 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 product
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 product. 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 product 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
product, 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 products, 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 products
or the material set forth in such 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 Birmingham, UK, as declared
in the contact information as specified below:
Trading address: 345 Monmouth Drive, Sutton Coldfield
Birmingham. UK
B73 6JX.
General email: enquiries[at]boundless-health.com
APPLICABLE LAW
Buyer agrees that the applicable law to be applied in all
cases shall be the law of England.
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:
Boundless Health
345 Monmouth Drive, Sutton Coldfield
Birmingham. UK
B73 6JX.
General email: enquiries[at]boundless-health.com
Telephone number: +44 121 321 3340
Fax number: +44 121 355 4644
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept"
button, or checking an Acceptance box, and purchasing Boundless
Health products or services, 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.
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