| Important Notice
-- Read This --
WHEN YOU CLICK THE "Confirm & Submit" BUTTON
OR SIMILIAR FUNCTION AT THE BOTTOM OF 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,
AmeriNutrition LLC
ATTENTION: This is a binding Agreement
(the “Agreement”) between You, the individual or entity
accessing, using or purchasing Product from this Website
(“you,” “your” or “Customer”) and AMERINUTRITION LLC (“AMERINUTRITION
LLC”, "Slim & Young", “we”, “our” or “Company”)
the owner and administrator of this Website and all content
contained herein (collectively, “Website”).
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS
DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING
ANY PRODUCT THROUGH THE WEBSITE
1. RISK FREE TRIAL TERMS AND CONDITIONS
Your RISK FREE 30 day Trial Period will start when you
click the “Confirm & Submit” button on our website.
If you wish to cancel your order within your Free Trial
Period, simply call 1-800-598-9818 and return your bottle
(Even if it´s empty!) within 30 days from canceling and
you will not be charged anything other than the shipping
and handling fee. If you enjoy Slim & Young, do nothing
and at the end of your Free Trial Period your credit card
provided today will be charged $59.90. For your convenience,
you will automatically be enrolled in the Forever Slim &
Young Club and in approximately 30 days from the end of
your Free Trial Period and every 30 days thereafter, you
will be shipped a fresh 1 month supply of Slim & Young for
the low price of just $59.90 per bottle which includes shipping.
You can cancel at any time.
Shipping time is estimated to be three to five (3-5) business
days and is included in your 30-Day Risk Free Trial Period,
so you will have approximately eleven (27) calendar days
to evaluate the Product. If you experience delays in the
delivery of your Slim & Young, you may contact our Customer
Support department at 1-800-598-9818 or please visit us
online at www.SlimAndYoung.com/support
and request an extension of your Risk Free Trial Period.
Reasonable requests are normally granted, but this decision
remains at the Company’s sole discretion.
1.1 If You Enjoy Slim & Young
If you enjoy Slim & Young and wish to continue to receive
Slim & Young on a monthly basis, simply do nothing, and
at the end of the 30-Day Risk Free Trial Period you will
NOT be billed for the Product you evaluated during the Risk
Free Trial Period. Two (2) days from the expiration of your
30-Day Risk Free Trial Period and every 30 days thereafter,
you’ll be shipped a new fresh 30 day supply of Slim & Young
at the amazing low price of just $59.90 per bottle which
includes shipping. For your convenience, we will bill your
credit card on file which you provided today with your trial
order. For more information, please see our “RECURRING ORDERS”
section, below.
1.2 How to Cancel Your Order Within the 30-Day
Risk Free Trial Period
If you are not satisfied with the Product for any reason
and wish to cancel prior to the expiration of the 30-Day
Risk Free Trial Period, simply contact our Customer Support
department at 1-800-598-9818 or visit us online at www.SlimAndYoung.com/support
and cancel your order. You will never be billed again and
incur no further charges or fees, beyond shipping and handling,
so long as you return the Product within 30 days from cancelling
your order (even if it is empty). No commitments, no hassles.
Please note that we cannot process packages marked "Return
to Sender".
For more information, please see the “PRODUCT RETURN” section
below for simple instructions on how to return the Product
and how to avoid getting charged for Product that you want
to return.
1.3 Shipping and Handling Charges
Regardless of whether you cancel your order within the
Risk Free Trial period or not, you will be responsible to
pay the shipping and handling charges that you selected
upon ordering the Product. Your credit card on file will
be billed for this amount, and you agree to pay such amount
regardless of whether you cancel your Risk Free Trial in
a timely fashion or not. No credit-backs or refunds will
be issued for shipping and handling charges.
1.4 Price Reduction
Company reserves the right to reduce pricing without prior
notice to you; however, you will always have the right to
cancel an order and get a refund of your purchase price
if you do not agree to pay any increased price amount.
2. RECURRING ORDERS PLEASE READ
THE FOLLOWING SECTION CAREFULLY. THE FOLLOWING SECTION DISCUSSES
A NEGATIVE BILLING OPTION INVOLVING THE PRODUCT(S) YOU ORDER
FROM THE COMPANY. AS DISCUSSED IN GREATER DETAIL BELOW,
YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED
TO YOU, AND PAYMENT FOR FUTURE SHIPMENTS OF PRODUCT, UNLESS
YOU NOTIFY US TO STOP SUPPLYING THE PRODUCT TO YOU.
If you do not cancel your order within the 30-Day Risk
Free Trial Period and return the Product to us within 30
days after you cancel your order, your credit card on file
will be charged $59.90. If after your 30-Day Risk Free Trial
Period you wish to continue to receive Slim & Young, simply
do nothing, and in approximately 30 days and continuing
every 30 days thereafter (a Recurring Order), you’ll be
shipped out a fresh new 30 day supply of Slim & Young for
the low price of just $59.90 per bottle which includes shipping.
For your convenience, we will bill the credit card you provided
us for your initial order.
2.1 How to Cancel Your Order After the 30-Day
Risk Free Trial Period.
Unless you contact our Customer Support Department at
1-800-598-9818 or visit us online at www.SlimAndYoung.com/support
to cancel your monthly subscription, you will continue to
receive a fresh 30 day supply of Slim & Young every month,
and your credit card on file will be automatically charged.
Your request for cancellation, whether by phone or email,
will be processed immediately; however, you will be responsible
for payment of any Product that has either already been
shipped to you or that has already been delivered to you
at the time of your cancellation. If you request a cancellation
within the 30-Day Risk Free Trial Period and return the
Product to us, described below, within
thirty (30) days from the date you cancelled your order,
you will not be charged for any Product and will only be
charged the shipping and handling fees. (Please see the
“Risk Free Trial Terms and Conditions” section, above, and
the “Product Returns” section below).
3. GENERAL
These terms and conditions apply to ALL transactions made
on or through this Website. This Agreement is intended to
be governed by the Electronic Signatures in Global and National
Commerce Act. You manifest your agreement to the terms and
conditions in this document by any act demonstrating your
assent thereto, including clicking any button containing
the words “I agree” or similar syntax, or by merely accessing
the Website, whether you have read these terms or not. It
is suggested that you print this form for your personal
records.
By placing an order with us, you will be deemed to have
read, understood, and agreed to these Terms and Conditions
of Use (collectively, “Terms”). If you do not agree to be
bound by these Terms, you may not access or use the Website,
or purchase any Product(s) through the Website. By accessing,
using or ordering Product(s) through the Website, you affirm
that you have read this Agreement and understand, agree
and consent to all Terms contained herein.
4. TEMPORARY PRICE REDUCTION
For your convenience and benefit, Company may temporarily
reduce the price of your order for promotional purposes,
or to ensure that your purchase order transaction is capable
of being processed by your credit card company or processor.
If Company reduces the price of the Product as described
herein, you will be billed at the reduced price until the
promotional period ends or Company is assured of payment
by your credit card company or its processor, after which
time the Product price will be restored to its usual price,
without prior notice to you. If your order is processed
at the reduced price a new billing cycle will begin from
the date of the new payment processing.
5. SATISFACTION GUARANTEE (Within
the 30-Day Risk Free Trial Period)
If you are unsatisfied with Slim & Young for any reason,
simply cancel your order by contacting our Customer Support
department at 1-800-598-9818 or please visit us online at
www.SlimAndYoung.com/support
before your 30-Day Risk Free Trial Period expires. After canceling your order, you will have 30 days
to return the unused portion of the Product, or if it is
empty, just return the empty bottle to our Company. If you follow the
procedures outlined in this paragraph, you will not be charged
for the Product you received during the 30-Day Risk Free
Trial Period.
Regardless of whether you timely cancel your order, Company
will not refund or credit any shipping and handling charges
for any Product that was shipped to you.
6. PRODUCT RETURNS (Applicable
to all Products Ordered from Company)
To return a Product for an exchange due to shipping damage
or when cancelling your order during your 30-Day Risk Free
Trial Period, you will need to contact the Customer Support Department at 1-800-598-9818 or please visit us online
at www.SlimAndYoung.com/support.
Please Note:
- We cannot process or exchange Product marked "Return
to Sender."
- To ensure that your account is correctly noted, you
must send back Product returns to the address provided
below.
Returned Products must be sent to the following address:
AMERINUTRITION LLC
Attn: Slim & Young Return
14525 SW Millikan, Suite 12465
Beaverton, Oregon 97005-2343
We are not responsible for lost or stolen items. We recommend
all returned items to be sent using some type of third party
delivery confirmation system to ensure proper delivery.
7. SHIPPING TERMS
When we ship the Product to you, our Standard ground mail
service is shipped via the combined services of the United
States Postal Service and United Parcel Service. With our
Expedited Priority Processing Option (if available), we
will make your shipment our priority and ship your package
out the same day for all orders placed before 1PM PST and
the next day for all orders placed after 1PM PST (packages
should arrive within three to five (3-5) business days).
Please note that shipments are not sent out on Saturdays,
Sundays, or any Holidays. We do not guarantee arrival dates
or times. We do not refund or credit shipping charges for
any monthly or bi-monthly shipments.
7.1 How to Alter Your Shipping
Please note that our Customer Support Department (available
at 1-800-598-9818 or online at www.SlimAndYoung.com/support)
can help you alter your delivery schedule if you need to
modify the automatic 30 day delivery schedule.
8. BILLING ERRORS
If you believe that you have been billed in error, please
notify our Customer Support Department at 1-800-598-9818 or
please visit us online at www.SlimAndYoung.com/support
immediately. If we do not hear from you within 30 days after
such billing error first appears on any account statement,
the billing will be deemed accepted by you for all purposes,
including resolution of inquiries made by your credit card
issuer. You are deemed to have released Company from all
liabilities and claims of loss resulting from any error
or discrepancy that is not reported to Company within thirty
(30) days of its appearance on your credit card account
statement.
9. REPRESENTATIONS; DISCLAIMERS
It is our Company mission to provide our customers with
the finest Products available. We believe in the efficacy
of the Products we sell. You understand, however, that the
statements on the Website, promotional materials and the
Product have not been evaluated by the United States Food
and Drug Administration, and the Product is not intended
to diagnose, treat, cure or prevent any disease. The information
provided by our Websites or this Company is not a substitute
for a face-to-face consultation with your health care professional
and should not be construed as individual medical advice.
Individual results will vary.
The Product is intended for use by persons at least 18
years of age. If you are pregnant, nursing or taking any
medication, you represent and warrant that you either have
consulted, or will consult, with a health care professional
before taking the Product, and you will cease immediately
taking the Product and will contact a health care professional
if you experience any ill effects or unintended side effects
of the Product.
We want you to have the most accurate information concerning
the Product. The information we communicate to you about
the Product and/or its efficacy is obtained from independent
third parties such as educational institutions, scientific
and news articles and agencies, nutritional specialists,
scientific reports and researchers (“Information Sources”).
We do not warrant or represent that Information Sources
are not error-free, nor do we warrant any Information Source
or the methods that they use to arrive at their conclusions.
All Product specifications, performance data and other information
on our Websites are for informational and illustrative purposes
only, and do not constitute a guarantee or representation
that the Product will conform to such specifications or
performance data.
We do not guarantee that you will have any specific or
particular result or benefit from the Product, or that your
experience will match those of others who use the Product.
Individual results will vary from person to person.
10. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and
that you will not permit a person under 18 to order, or
use, the Product. You represent that the information provided
by you when placing your order is up-to-date, materially
accurate and sufficient for us to fulfill your order in
a timely and efficient manner. You are responsible for maintaining
and promptly updating your account information with us and
keeping such information (and any passwords given to you
for the purposes of accessing the Website and/or purchasing
Products) secure against unauthorized access. Unless agreed
otherwise or required by applicable law, any warranties
provided in relation to the Product only extend to you on
the understanding that you are a user, and not a reseller,
of the Product. You shall not re-sell, re-distribute or
export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping
or handling of Product as such costs are specified by us
on the Website when you submit your purchase order. Payment
shall be made prior to delivery and by such methods as indicated
on the Website (and not by any other means unless we have
given our prior consent to such alternative payment methods).
11. REJECTION, DAMAGE OR LOSS IN TRANSIT
We shall not be liable and you shall not be entitled to
reject Product delivery, except for damage to the Product
or any part thereof occurring in transit (where the Product
is carried by our own transport or by a carrier on our behalf),
and where we are notified of such damage within five (5)
business days of your receipt of the Product.
12. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT
COMPANY WAS AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES,
AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN
FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY
(WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL
THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE
PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL
WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE
PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY
WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS
SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS
AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company,
its officers, directors, shareholders, employees, independent
contractors, telecommunication providers, and agents, from
and against any and all claims, actions, loss, liabilities,
expenses, costs, or demands, including without limitation
legal and accounting fees, for all damages directly, indirectly,
and/or consequentially resulting or allegedly resulting
from your misuse of the Website, or your breach of any of
these terms and conditions of this Agreement. We shall promptly
notify you by electronic mail of any such claim or suit,
and cooperate fully (at your expense) in the defense of
such claim or suit. If we do not hear from you promptly,
we reserve the right to defend such claim or suit and seek
full recompense from you.
14. NOTICES
Any notice or other communications arising in relation
to this Agreement shall be given by sending an e-mail to
the latest email address that one party has notified in
writing to the other. In the case of Company, the email
address can be found at www.SlimAndYoung.com/support.
In the case of sending notices to you, Company will use
the email address you provided to Company when you ordered
your Product. Such notices or communications (where properly
addressed) shall be considered received on the earliest
of (i) the email being acknowledged by the recipient as
received; (ii) receipt by the sender of an automated message
indicating successful delivery or the email having been
opened; or (iii) the expiry of forty-eight (48) hours after
transmission, provided that the sender has not received
notification of unsuccessful transmission.
15. TERMINATION
We reserve the right to terminate your access to or use
of this Website and/or your subscription to the Product
should we believe that you have violated any of the terms
of this Agreement or if we believe you have sought, in bad
faith, charge backs, credit backs, Product returns, discounts
or any other conduct designed to injure, harass or disrupt
this Website or the Company’s business operations.
16. FRAUD
We reserve the right, but undertake no obligation, to
actively report and prosecute actual and suspected credit
card fraud. We may, in our discretion, require further authorization
from you such as a telephone confirmation of your order
and other information. We reserve the right to cancel, delay,
refuse to ship, or recall from the shipper any order if
fraud is suspected. We capture certain information during
the order process, including time, date, IP address, and
other information that will be used to locate and identify
individuals committing fraud. If any Web Site order is suspected
to be fraudulent, we reserve the right, but undertake no
obligation, to submit all records, with or without a subpoena,
to all law enforcement agencies and to the credit card company
for fraud investigation. We reserve the right to cooperate
with authorities to prosecute offenders to the fullest extent
of the law.
17. SALES TAX
If you purchase any Products available on our websites,
you will be responsible for paying any sales tax indicated
on the Web Site.
18. INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein, are the
sole and exclusive property of the Company or its licensors.
No license or ownership rights in or to any content of the
Website are conveyed to you by reason of this Agreement
or your purchase of Product. The Website and its content
are protected under the laws of copyright and trademark.
Unless otherwise permitted by law, you may not copy, republish
or transmit any portion of the Website without Company’s
prior written consent.
19. MISCELLANEOUS
- Governing Law. This Agreement and all disputes or issues
arising from it shall be governed exclusively by the laws
of the State of California, without regard to conflict or
conflict of law principles. The sole and exclusive venue
for any and all claims or causes of action arising from
or related to this Agreement, or that are related in any
manner to your purchase or attempted purchase of the Product(s),
shall be the State or Federal Courts in Orange County,
California.
- Assignment. This Agreement and the rights and liabilities
of the parties hereto inure to the benefit of their respective
successors and assigns. Company may assign this Agreement
to any successor entity. Customer may not assign without
the written permission of Company.
- Severability. If for any reason a court of competent
jurisdiction or an arbitrator finds any provision of this
Agreement, or any portion thereof, to be unenforceable,
that provision will be enforced to the maximum extent
permissible and the remainder of these Terms and Conditions
will continue in full force and effect.
- Attorneys’ Fees. In the event any Party shall commence
any claims, actions, formal legal action, or arbitration
to interpret and/or enforce the terms and conditions of
this Agreement, or relating in any way to this Agreement,
including without limitation asserted breaches of representations
and warranties, the prevailing party in any such action
or proceeding shall be entitled to recover, in addition
to all other available relief, its reasonable attorney’s
fees and costs incurred in connection therewith, including
attorneys’ fees incurred on appeal.
- No Waiver. No waiver of or by Company shall be deemed
a waiver of any subsequent default of the same provision
of this Agreement.
- Headings. All headings are solely for the convenience
of reference and shall not affect the meaning, construction
or effect of this Agreement.
- Complete Agreement. This Agreement constitutes the entire
agreement between the parties with respect to your access
and use of the Website and your ordering and use of the
Product, and supersedes and replaces all prior understandings
or agreements, written or oral, regarding such subject
matters.
- Modifications. Company reserves the right to change
any of the provisions posted herein and you agree to review
these terms and conditions each time you visit the Website.
Your continued use of the Website following the posting
of any changes to these terms and conditions constitutes
your acceptance of such changes. Company does not and
will not assume any obligation to provide you with notice
of any change to this document and you acknowledge and
agree to same. Unless accepted by Company in writing,
you may not amend these terms and conditions in any way.
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