CONDITIONS OF SALE
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
THIS AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE WEBSITE LOCATED AT WWW.nitric-force.com AND ALL SUB-PAGES (“WEBSITE”), AND YOUR PURCHSE OF ANY Garrett Industries, USA PRODUCT (“PRODUCT”). YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO PURCHASE PRODUCTS FROM Garrett Industries, USA.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN FULL IF YOU USE OR MAKE A PURCHASE ON THIS WEBSITE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND OTHER POSTED POLICIES THEN DO NOT USE THIS WEBSITE, DO NOT PROVIDE ANY INFORMATION TO THIS WEBSITE, AND DO NOT PURCHASE ANY PRODUCTS ON THE WEBSITE.
Questions? Contact Garrett Industries, USA representative toll-free at 855-825-6892 or at 855-825-6892, 9am-6pm CST Monday through Friday, and 11am-4pm CST Saturday, or write to us at:
Garrett Industries, USA
2245 Dunlop St,
San Diego, CA 92111
1. Trial Terms; Automatic Monthly Shipment Program and Cancellation Policy:
Upon signing up for your trial, you will be sent a 30-day supply of Nitric Force and the credit card you provide will be charged a one-time processing fee of $4.95 plus an optional $0.99 for SecureShip Shipping Guarantee.The product will be shipped directly to you via USPS.
Unless you cancel by no later than 18 days(14 days plus 4 days s & h) from your date of enrollment, you will be automatically charged the full purchase price ($94.67) eighteen (18) days (14 days plus 4 days s & h) from your trial start date and you will be enrolled in our auto-ship program (“Program”). You will be sent a 30-day supply about every 30 days thereafter, and you will be charged or debited $94.67 which includes free s&h to the same card that you provided until you cancel. You acknowledge and agree that your enrollment in the Program constitutes preauthorization to be charged for each installment, and Garrett Industries, USA will not obtain additional authorization from you after today for charges to your credit card or debits made from your debit card account. You are solely responsible for any overdraft charges or fees you incur resulting from any purchase you make of any Product, and enrollment and continued participation in the Program.
If you contact customer service to terminate your trial enrollment within 18 days (14 days plus 4 days s & h) from the date you enrolled, you will not receive additional product and you will not be charged anything else.
You can cancel at any time by contacting our customer care at 855-825-6892 or email at [email protected] Please ensure you call or email us at least 1 business day prior to your next rebill date to cancel your program. We hope you will continue using our product and enjoy all the benefits our product hast to offer. Customer Service hours are 9am - 6pm CST, Monday through Friday and 11am - 4pm CST Saturday.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-800513-0648. We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU ARE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES, UNDER THE TERMS OF THIS AGREEMENT, IF YOU PURCHASE THE PRODUCT AND THEN FAIL TO NOTIFY Garrett Industries, USA NOT TO SUPPLY THE PRODUCTS DESCRIBED. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST THE CREDIT CARD OR DEBIT CARD YOU PROVIDE UNLESS YOU CANCEL.
2. Refunds& Returns
If you decide to cancel at any time during the monthly auto-ship program and are requesting a refund, you must call a customer service representative at 855-825-6892 to obtain an RMA number to return the unused portion of the Product to:
Garrett Industries, USA
4357 Park Dr Suite G
Norcross, GA 30093
You have 30 days to return the product, and you will be responsible for postage and shipping charges. By clicking the “Submit” Button (order button) on our site shows that you are fully aware of and agree to the terms and conditions of our stated refund and return policy.
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 along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number. You may be subject to a 20% re-stocking fee on returned products. Product returns must be postmarked within five business days of receiving your Return Merchandise Authorization ("RMA") number to be eligible for a refund.
3. Price Increase
Company reserves the right to increase 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.
4. Shipping Time
Your order will be processed within 1 business day. Shipping time is estimated to be three to five (3-5) calendar days. Orders are generally shipped using the U.S. Postal Service. Garrett Industries, USA does not guarantee specific arrival dates or times. Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays.
If you experience delays in the delivery, you may contact our Customer Care Department at 1-855-825-6892 (US). Reasonable requests are normally granted, but this decision remains at the sole discretion of Garrett Industries, USA. Garrett Industries, USA does not refund or credit shipping or processing charges for any monthly or bi-monthly automatic shipments.
How to Alter Your Shipping Schedule
Please note that our Customer Care Department (available at 1-855-825-6892 FREE (Customer Service US) can help you alter your delivery schedule if you need to modify the automatic 30-day delivery schedule.
5. Electronic Signature
You acknowledge and agree that by agreeing to this Agreement electronically you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE WEBSITE.
6. 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.
7. Website Use
Your use of the Website for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate, current and complete information about yourself. You must not violate or infringe any of our intellectual property, including any copyright or trademark.
Errors on the Website may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies.
8. Notice and Take-Down Procedures; Copyright Agent
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (“NOCI”) to Garrett Industries, USA by providing the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Garrett Industries, USA may find it on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Garrett Industries, USA
2245 Dunlop St,
San Diego, CA 92111
9 . CONSENT TO RECEIVE CALLS FROM COMPANY
I agree to be contacted by Company or its authorized agent even if I’m on a Do Not Call list. In addition, I consent to be called by and receive messages from Company or its authorized agent at the phone number provided, including my wireless number if provided as well as any number that I provided that is later converted to a wireless number. I understand these calls and messages may be generated using automated technology and/or utilize pre-recorded messages, and I consent to receive such calls and messages and further understand that my consent is not required to make a purchase.
10. Representations & Product Disclaimers
It is our mission to provide you with the best customer service and finest products available. 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 (FDA), and the Product is not intended to diagnose, treat, cure or prevent any disease. You further understand that this Product is not intended for use by persons under 18 years of age and the Product is not intended to treat any type of medical condition. 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. Garrett Industries, USA does not warrant or represent that the Products will provide you with any particular benefits or that your results will match those of others who consume the Products. 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.
The representations and product disclaimers described above are inapplicable where prohibited by law, including New Jersey.
11. 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).
12. 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.
13. Disclaimer of Warranties and Limitation of Liability
14. Dispute Resolution by Binding Arbitration and Class Action Waiver
If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at Garrett Industries, USA, 2245 Dunlop St, San Diego, CA 92111. Garrett Industries, USA will contact you by letter to your billing address you provided us.
If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Wyoming: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date that you submit your personally identifiable information to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Garrett Industries, USA, 2245 Dunlop St,, San Diego, CA 92111. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
This Agreement constitutes the entire agreement between you and Garrett Industries, USA and supersedes any prior version of this Agreement and Garrett Industries, USA. If any of this provision is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
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.
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 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.
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.
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.
19. 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.
20. 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.
21. SECURESHIP AGREEMENT
Enjoy peace of mind knowing your order is Guaranteed with our SecureShip program. SecureShip gives you a money back guarantee should your
shipment become lost, damaged, or stolen in transit. To file a claim, call our customer service line at any time to be sent out a free bottle.
This ninety-nine ($.99) cent charge will be added to every trial order of Nitric Force (should you elect to opt into the program)
** To cancel your subscription(s) please email us anytime at [email protected] **