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Notice: This agreement includes
policies and terms under which products are purchased,
refunds are made, and recurring sales (if any) are administered.
Dear Valued Customer--
We encourage you to read the following Purchase Agreement because its provisions affect you. Although it is written in legal language, we want to make sure you understand this Agreement. Please feel free to contact us at: support@trilliumnutritionals.com with any questions regarding these Terms and Policies. We value your business and feedback, and look forward to helping you achieve your health goals.
Sincerely,
The Staff at Trillium Nutritionals
Please read the following Terms carefully:
When you click the “Order Now” Button and/or “Submit” buttons on the website home page or order page, and thereby order Cholestatrim®, you, the Buyer, are claiming that you have read, fully understand, and fully accept the Terms of this Purchase Agreement, refund, and cancellation policy.
This agreement will serve as a contract. Under the terms of the contract, you receive specific rights due you from the seller and you, in turn, give the Seller certain rights that affect you. This contract also contains provisions that define and restrict your rights about refund and warranties that limit the liability of the Seller.
By approving your purchase of Cholestatrim®, you accept the terms of this Purchase Agreement in their totality with no reservations.
The parties to this agreement are Trillium Nutritionals, the owners of Cholestatrim®, the www.Cholesta-trim.com website and/or its owners, agents, 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 Cholestatrim®, where Cholestatrim® 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 Cholestatrim® as described in promotional or sales materials on www.cholesta-trim.com or www.reducecholesterolsafely.com
or in an email message that referenced www.cholesta-trim.com or
www.reducecholesterolsafely.com, and sany
other websites and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the Cholestatrim® product, that is the subject matter of this Purchase Agreement. The Cholestatrim®
product may be termed 'product' throughout this agreement but the word 'product' shall mean the Cholestatrim® product that is offered for sale as described in sales or promotional materials.
PURCHASE AND RETURN POLICIES
Initial order – The Buyer's initial order is a risk-free offer with the price listed on the order page charged for the product
plus shipping and handling. Depending on the Buyer’s initial order size (30, 90, or 180 days),
The shipping and handling is charged to the customer's
credit card when the order is placed. In 30 days, the
customer will be charged the price of the product(s) unless
the customer calls or emails within 2 days prior to the
billing date. Otherwise, the customer's credit card
will be charged for the product price.
Note: extra shipping and handling charges will apply for international orders.
Form of Payment
– The only form of payment accepted on the Seller's
website is credit card. Checks CAN be accepted under the
following conditions: 1) Buyer must allow two weeks from the time payment is received by Trillium Nutritionals for product to
be shipped to the customer. 2) Checks must be completely filled out, signed, have a valid address printed on check, and be made out to Trillium Nutritionals.
When the check clears, the customer's order will be shipped.
Cashier's or bank checks will allow for faster shipment.
Guarantee - Cholestatrim® is sold with a 100% Satisfaction Guarantee. If the Buyer is not satisfied with his/her initial supply, he/she can receive a full refund up to 90 days after the initial purchase. If the Buyer receives a 2nd 30 day supply and is not satisfied with the product at any point up to 60 days after the initial trial supply was ordered, he/she can contact Trillium Nutritionals and receive a full refund of the price paid on the 2nd bottle only, PROVIDED the remaining product and bottle are returned to the Seller at Buyers expense. Unopened bottles from the Customer’s initial order that are returned within the 90 day period from the date of the initial order, will receive a full refund. Returns on subsequent orders, or bottles returned from the initial order after the 90 day guarantee period may be subject to a 25% restocking fee. See the Return Policy below for complete instruction on returning product.
Return/Cancellation Policy - To return any product (either opened or unopened), Buyer MUST contact Seller using the contact information shipped with the Cholestatrim® product PRIOR to sending anything back to receive an RMA (Return Merchandise Authorization) number. This number needs to be written on the outside of the package containing returned product. If this contact information has been lost, send an email to support@trilliumnutritionals.com so that it can be re-sent to you. Returned products must be sent back within 30 days from the date the RMA is issued. After the product has been received by Seller, a refund or credit will be issued within 7 business days to the Buyer who was financially responsible for completing the original purchase of Cholestatrim® through the original method of payment that the Buyer used to complete the initial purchase of Cholestatrim® .
NOTE: Only the original shipping charge
will be credited to the customer. The customer is
responsible for paying the shipping costs to return products
back to Trillium Nutritionals.
At no point will the Sellers refund obligation to the Buyer exceed the purchase price and shipping for a 30 day supply (one bottle) of Cholestatrim®.
Requests to cancel shipments and future orders must be made within2 business days prior to the next scheduled shipment date for the Buyer. Otherwise, if the Cholestatrim® product is shipped before such notice is received by Seller, Buyer will be charged a 20% restocking fee which will be deducted from the refund amount.
Cancellation and Return requests can be made to support@trilliumnutritionals.com or by calling 1-800-631-6764.
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 Cholestatrim® has to the Buyer.
The Seller is not liable for any additional monetary claims
made by the buyer pertaining to delays in shipment, fitness
of purpose, normal side issues, or any alleged failure of
the product to perform a given function. Buyer acknowledges the length of the refund period as set forth herein and Buyer the refund period and agrees that the length of the refund period is reasonable and further agrees to try the Cholestatrim® product during the initial 30 day period following receipt of the Cholestatrim® 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 Cholestatrim® and Buyer will have no further right of redress or refund for any reason.
Seller reserves the right to refuse to sell product to anyone for any reason, including, but not limited to ongoing abuse of free trial offer, repeated denial of credit card authorization, and unjustified chargebacks.
FURTHER DESCRIPTION OF Cholestatrim®
Buyer warrants an understanding that the Buyer has no license, permission or right to duplicate the Cholestatrim® product 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 Cholestatrim®
product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, and possibly telephone calls from the Seller. 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 database owned by the Seller and further agrees that this information will not be 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'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 Cholestatrim® 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 Cholestatrim® and is the true and authorized owner of the credit card used to complete any purchases of Cholestatrim®. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages to Trillium Nutritionals in an amount the equivalent of US $10,000 dollars per each individual fraudulent transaction, plus actual damages, and Buyer further agrees that all information collected by Trillium Nutritionals whether through the www.Cholesta-trim.com or www.reducecholesterolsafely.com websites or by other means may be used for prosecution purposes and may be turned over to law enforcement agencies, credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to perpetrate or actually perpetrates a fraud upon the Seller, then he or she hereby authorizes each and every credit card company and merchant service provider to disclose to the Seller all information that could be construed as proof of fraud, including proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit and personal information pertaining to the Buyer from any source, including credit reporting agencies, and Buyer also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to others, including, but not limited to, credit reporting agencies, credit card companies, merchant service providers, and/or law enforcement agencies.
Buyer agrees that if he/she uses trickery or deceit to receive more than one refund, or if he/she causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees that, in addition to paying actual damages to Seller, Buyer will pay Seller liquidated damages in an amount equivalent to $10,000 U.S. 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 Cholestatrim® product is sold 'as is' and without any warranty or guarantee of any kind, whether express or implied. The Cholestatrim® product 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 Cholestatrim® product.
However, without waiving any rights and defenses as described herein, in the event that the Cholestatrim®
product is deemed to be allegedly defective in the sole opinion and discretion of Seller, then the sole and exclusive remedy available to Buyer is to accept a replacement of the Cholestatrim® product or accept a credit toward the purchase of another product, if any, that may be offered by the Seller from time to time at Seller’s sole discretion. The period of time within which the Buyer must submit a report by email detailing in what way the Cholestatrim® product is defective and requesting that a replacement product be shipped or requesting a refund is 30 days from the date of the initial placement of the order that resulted in the receipt of the allegedly defective product. During this initial 30 day period, the Buyer may request and will receive a refund for any reason. During this initial 30 day period, Buyer may request a replacement product in lieu of a refund which request may be granted by Seller, but Seller is and will continue to be under no obligation to do anything other than offer a refund to Buyer in the amount of the initial product purchase price.
ASSUMPTION OF RISK
Although Seller has taken careful steps to design and produce a completely safe and effective product, Buyer agrees to accept all risks associated with the purchase or use of Cholestatrim® , including but not limited to, ingestion of or application to Buyer's person, the use of the Cholestatrim® product personally or in business, all taxes and regulations that are or may be applicable to the purchase of Cholestatrim® by Buyer, and all legal compliance issues related to the product. Buyer warrants a complete and thorough understanding that the Seller is disclaiming all liability from Cholestatrim® harm of any kind or nature caused directly or indirect from the purchase and/or use of Cholestatrim® . Buyer agrees, as part of the consideration that is required to purchase Cholestatrim® 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 Cholestatrim® disclaims all liability for the product or damages resulting from the use of Cholestatrim® for any reason. Buyer alone accepts full responsibility for allowing others to use Cholestatrim®. 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 harm or inconvenience 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 Cholestatrim® or from subsequent contact with Seller or Third Parties.
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 Cholestatrim® 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 Cholestatrim® . If Buyer is purchasing and/or using Cholestatrim® 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 Cholestatrim® 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 Cholestatrim® 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 Cholestatrim® product and Buyer warrants a clear understanding that Buyer's sole and only course of action is to test the Cholestatrim® 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 Cholestatrim® product, the maximum amount of liability shall be the purchase price of the Cholestatrim® product for a 30 day supply.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of Sellers Privacy Policy pertaining to the use of the Cholestatrim® 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. However, Seller will obtain permission from Buyer in the event Buyer’s actual name and/or picture is used in any print or online advertising materials.
INDEMNIFICATION
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using
Cholestatrim® or information contained on the www.cholesta-trim.com or www.reducecholesterolnaturally.com websites that results in a damage award against the Seller.
RIGHT TO STOP SELLING Cholestatrim® TO CERTAIN PURCHASERS
Buyer agrees that Seller has the exclusive and sole right to continue and/or discontinue the sale of the
Cholestatrim® 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
Cholestatrim® 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
Cholestatrim® . 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
Cholestatrim® 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
Cholestatrim® , that any cause of action is presumed to have arisen in the county of Washtenaw, state of Michigan.
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
Cholestatrim® , 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
Cholestatrim® or the material set forth in
Cholestatrim® 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, arbitrator costs, 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 Washtenaw, State of Michigan declared in the contact information as specified below:
Trillium Nutritionals
2232 S. Main St.
#348
Ann Arbor, Michigan 48103
In the event that litigation is initiated in federal court, the proper court selected by the party that initiates litigation shall be the 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 Michigan.
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.
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:
Trillium Nutritionals
2232 S. Main St.
#348
Ann Arbor, Michigan 48103
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, checking an Acceptance box, clicking on the “Submit Order” button, and purchasing
Cholestatrim® , you, the Buyer, voluntarily and knowingly attest that you have fully read, understood, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
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