Terms & Conditions page
These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "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 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. Company reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
2. WEBSITE ORDERS TERMS AND CONDITIONS
Direct Sale Orders:
Three direct sale options are available for Pinnacle Stripe Shea Butter at price points of 1 Bottle for $39.99 with FREE SHIPPING, 3 Bottles for $69.99 with FREE SHIPPING, or 5 Bottles for $93.99 with FREE SHIPPING. By choosing one of the three direct sale options, you will not be enrolled in a continuity program. OR you can select options where you will be enrolled in a continuity program, where you will be sent a new product every 30 days for a discounted prices of 1 Bottle for $29.99 with FREE SHIPPING, 3 Bottles for $59.99 with FREE SHIPPING, or 5 Bottles for $79.99 with FREE SHIPPING. The charges on your credit card billing statement will show as Pinnacle Strip. To cancel automatic delivery and billing, call us at 8449021290 or email us at [email protected]
Three direct sale options are available for Pinnacle Stripe Body Cream at price points of 1 Bottle for $29.99 with FREE SHIPPING, 3 Bottles for $59.99 with FREE SHIPPING, or 5 Bottles for $93.63 with FREE SHIPPING. By choosing one of the three direct sale options, you will not be enrolled in a continuity program. OR you can select options where you will be enrolled in a continuity program, where you will be sent a new product every 30 days for a discounted prices of 1 Bottle for $19.99 with FREE SHIPPING, 3 Bottles for $49.99 with FREE SHIPPING, or 5 Bottles for $89.99 with FREE SHIPPING. The charges on your credit card billing statement will show as Pinnacle Strip. To cancel automatic delivery and billing, call us at 8449021290 or email us at [email protected]
3. CANCELING ORDERS, SHIPPING and RETURN POLICIES
3.1 Refund Policy for Shipping and Handling Charges
Regardless of whether You cancel 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. However, if You have encountered an error in Your order Company may, at its discretion, refund Your Shipping and Handling. If You suspect any errors in your order, please contact Our Customer Care Department immediately at 8449021290.
3.2 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.
3.5 Shipping Time
Your order will be processed within 1-3 business days. Shipping time is estimated to be three to five (3-5) calendar. If you experience delays in the delivery, You may contact our Customer Care department at 8449021290. Reasonable requests are normally granted, but this decision remains at the Company's sole discretion.
3.6 Return Policy
If you are not satisfied with your product for any reason, simply contact us within 30 days of placing your order. Please allow 3-7 business days for any refunds to process. Refunds can take up to15 days to be reflected on your bank account. After the 30 days, all sales are final and no returns will be accepted for a refund.
3.7 Rush Shipping Policy
When rush shipping is selected your product will be sent same day USPS Priority Mail if order is submitted before 5pm EST. Otherwise it will be sent the following day via USPS Priority Mail.
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.
5. 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.
6. SATISFACTION GUARANTEE
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.
We are not responsible for lost or stolen items. We recommend all returned items to be sent using a third party delivery confirmation system to ensure proper delivery.
7. SHIPPING TERMS
When we ship the Product to You, our Standard priority 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 EST and the next day for all orders placed after 1PM EST (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 shipments.
7.1 How to Alter Your Shipping Schedule
Please note that our Customer Care Department (available at 8449021290) 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 Care Department at 8449021290 immediately. If We do not hear from You within 15 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 fourteen (14) 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. 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. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Company agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to Our Website, the services provided through Our Website, any transaction or relationship between us resulting from Your use of Our Website, communications between us, or the purchase, order, or use of Our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Company further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
If you initiate an arbitration, Company will promptly reimburse you for any standard filing fee which may have been required by AAA once you have notified Company. in writing and provided a copy of the arbitration proceedings. However, if Company is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Company. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Company and may not preside over any kind of representative or class proceeding against Company, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY., ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 15 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
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. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED 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.
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.
15. FORCE MAJEURE
Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Company’s performance.
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 is [email protected]
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 Website 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.
20. SALES TAX
If You purchase any Products available on Our websites, You will be responsible for paying any sales tax indicated on the Website.
21. 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.
- 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 San Diego, California.
- Overdraft fees. In the event of overdraft of customer's account due to a charge for an original order or a reorder, the company is not liable for any customer's overdraft fees.
- 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.