| Notice -- Read This
WHEN YOU CLICK THE TRANSACTION (ORDER-SEND) BUTTON 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,
DYB Marketing, LLC
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL Doctor Directed Weight Loss Program TO YOU, AND YOUR ORDER FOR Doctor Directed Weight Loss Program WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are DYB Marketing, LLC, the owners of Doctor Directed Weight Loss Program, the www.14dayweightloss.com website and/or its owners, agents, servants and/or employees, (Hereafter referred to as "SELLER,") and you, the prospective purchaser, (Hereafter referred to as "BUYER"). Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of Doctor Directed Weight Loss Program, where Doctor Directed Weight Loss Program is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is Doctor Directed Weight Loss Program as described in promotional or sales materials on www.14DayWeightLoss.com and/or in an email message that referenced www.14DayWeightLoss.com, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the Doctor Directed Weight Loss Program product, that is the subject matter of this Purchase Agreement. The Doctor Directed Weight Loss Program may be termed 'product' throughout this agreement but the word 'product' shall mean the Doctor Directed Weight Loss Program that is offered for sale as described in sales or promotional materials.
REFUND POLICY
Doctor Directed Weight Loss Program is provided with a 100% satisfaction guarantee. If Buyer receives and subsequently decides to return the Doctor Directed Weight Loss Program to Seller, Buyer must following the below instructions.
Refund & Cancellation request within the first 30 days of purchase:
1. If you are requesting a refund within the first 30 days of purchase; submit in writing your request to cancel your subscription and
the return of your first monthly fee of $9.95.
2. Once your cancellation request is received by Seller and is determined to be a valid return request, Seller will issue a refund to Buyer within 30 days from the date of Seller’s receipt of the return request.
3. Send your return/cancellation request to: support@14dayweightloss.com
Cancellation request beyond first 30 days of purchase:
1. If you are requesting to cancel your subscription beyond the first 30 days of purchase, submit in writing your request to cancel your subscription.
2. You are not eligible for a return of any monthly fees.
3. You will not be charged any future monthly membership fees.
4. Send your return/cancellation request to: support@14dayweightloss.com
In case of a refund, all refunds will be issued to the Buyer who was financially responsible for completing the original purchase of Doctor Directed Weight Loss Program through the original method of payment that the Buyer used to complete the initial purchase of Doctor Directed Weight Loss Program.
Giving the Buyer a refund in accordance with the terms and restrictions that are set forth herein is the full and complete liability that the Seller of Doctor Directed Weight Loss Program has to the Buyer. Buyer acknowledges the length of the refund period as set forth herein and agrees that the length of the refund period is reasonable and further agrees to try the Doctor Directed Weight Loss Program product during the initial 30 day period following receipt of the Doctor Directed Weight Loss Program product as a material consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a determination during the initial 30 day period if the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not notify Seller during the refund period in the manner described herein and inform Seller of Buyer’s desire to cancel the receipt of any future orders, Buyer agrees that the Seller may construe silence as a full,complete and final acceptance of the terms of the sale of Doctor Directed Weight Loss Program and Buyer will have no further right of redress or refund for any reason.
FURTHER DESCRIPTION OF Doctor Directed Weight Loss Program.
Buyer warrants an understanding that the Buyer has no license, permission or right to duplicate the Doctor Directed Weight Loss Program in any form or to sell it, distribute it or redistribute it, whether for profit or not for profit, to any person or entity for any reason.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for the Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program and is the true and authorized owner of the credit card used to complete any purchases of Doctor Directed Weight Loss Program.
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
The Doctor Directed Weight Loss Program and all products within are sold 'as is' and without any warranty or guarantee of any kind, whether express or implied. The Doctor Directed Weight Loss Program is being sold to Buyer with no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing to Buyer in terms of the Doctor Directed Weight Loss Program. There is no 'warranty period'. There is only a refund period as described herein.
However, without waiving any rights and defenses as described herein, in the event that the Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program is defective and requesting that a replacement product be shipped or requesting a refund is 60 days from the date of the initial placement of the order that resulted in the receipt of the allegedly defective product. During this initial 60 day period, the Buyer may request and will receive a refund for any reason. During this initial 60 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 Doctor Directed Weight Loss Program, including but not limited to, ingestion of or application to Buyer's person, the use of the Doctor Directed Weight Loss Program and products within personally or in business, all taxes and regulations that are or may be applicable to the purchase of Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program. Buyer agrees, as part of the consideration that is required to purchase Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program disclaims all liability for the product or damages resulting from the use of Doctor Directed Weight Loss Program for any reason. Buyer alone accepts full responsibility for allowing others to use Doctor Directed Weight Loss Program. 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 Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program, no matter what damage may be allegedly or actually caused by the purchase and/or use of Doctor Directed Weight Loss Program, or no matter the harm or damage that may result directly or indirectly from the purchase and/or use of Doctor Directed Weight Loss Program, 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 Doctor Directed Weight Loss Program website or other websites. Seller disclaims liability for any of Buyer's interaction with other visitors or other members of the Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program. If Buyer is purchasing and/or using Doctor Directed Weight Loss Program as 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 Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program product and Buyer warrants a clear understanding that Buyer's sole and only course of action is to test the Doctor Directed Weight Loss Program 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 this Doctor Directed Weight Loss Program product, the
maximum amount of liability shall be the purchase price of
the Doctor Directed
Weight Loss Program product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of Sellers Privacy
Policy pertaining to the use of the Doctor Directed
Weight Loss Program website.
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 Doctor Directed Weight
Loss Program or
information contained on the
www.14DayWeightLoss.com website that results in a
damage award against the Seller.
RIGHT TO STOP SELLING Doctor Directed Weight Loss
Program TO
CERTAIN PURCHASERS Buyer agrees that Seller has the
exclusive and sole right to continue and/or discontinue the
sale of the Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program 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 Doctor Directed Weight Loss Program. 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
Doctor Directed Weight Loss Program 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 Doctor
Directed
Weight Loss Program, 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 Doctor Directed Weight
Loss Program,
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 Doctor Directed Weight Loss Program or the material set
forth in Doctor Directed Weight Loss Program 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 County of Hennepin, State of Minnesota declared in the
contact information as specified below:
DYB Marketing, LLC
9340 Niagara Lane N
Maple Grove, MN 55369
In the event that litigation is initiated in federal
court, the proper court selected by the party that initiates
litigation shall be the USDC for Minnesota, the closest federal court to the Seller's address.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied in all
cases shall be the law of the State of Minnesota.
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:
DYB Marketing, LLC
9340 Niagara Lane N
Maple Grove, MN 55369
FINAL ACCEPTANCE
By purchasing Doctor
Directed Weight Loss Program, 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. |