Alpha Male Factor - Terms and Conditions
By placing an order through this website, you
agree to the terms and conditions set forth below. Please read through these
terms and conditions carefully before placing your order, and print a copy for
future reference. Please also read our Privacy Policy regarding personal
information provided by you, which is incorporated herein by reference.
Health
Disclaimer
The statements made on this website, as well as
any materials or supplements distributed or sold by Alpha Male Factor have not
been evaluated by the Food and Drug Administration. Alpha Male Factor products
are not intended to diagnose, treat, cure, or prevent any disease. If you are
pregnant, nursing, taking medication, or have a history of heart conditions, we
suggest consulting with a healthcare professional before using any of our
products. The results achieved with all products are not typical, and not
everyone will experience these results.
The Alpha
Male Factor Guarantee:
Return
Policy
Alpha Male Factor, LLC retains a total guarantee
of customer satisfaction on all Alpha Male Factor products. If you, the buyer,
are unhappy with the product for any reason, even if you've used the full
supply of the supplement - you can return the remaining supply or empty bottle
for a full refund of the purchase price minus shipping and handling. To obtain
your refund please call us at 1-631-402-9054 You will
be given a Return Merchandise Authorization (RMA) number. To receive your
refund, your return must be received at our shipping facility within 30 days of
purchase. Be sure to clearly write the return merchandise authorization (RMA)
number on the outside of the box. Our shipping department is NOT allowed to
accept any packages without an RMA number. Person returning the package must
pay for the return shipping.
We will not accept or issue a refund for any
packages marked "return to sender" or refused that do not include a valid RMA
number. If you return a package, we recommend that you obtain proof of
shipment. Upon receipt of your returned product with a valid RMA number, a
refund will be issued to your credit card. After the shipping department
receives your return, it generally takes 3-5 business days or less to process
your refund. Once a return is processed, it can take up to one billing cycle
for this return to be posted to your account, depending on your credit card company or financial institution.
TERMS
OF SERVICE
This Terms of Service ("TOS") is a legally
binding agreement made by and between Alpha Male Factor, LLC ("we" or "us") and
you, personally and, if applicable, on behalf of the entity for whom you are
using this website (collectively, "you"). This TOS governs your use of the
AlphaMaleFactor.co.uk website ("Website") and the services we offer on the
Website ("Services"), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE,
YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TOS. IF
YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS,
RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO
MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE
CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED
ON THE WEBSITE.
1. Using
the Website.
(a) Eligibility. Except as expressly provided
below, Services may only be used by, and Membership is limited to, individuals
who can form legally binding contracts under applicable law. Without
limitation, minors are prohibited from becoming Members and, except as
specifically provided below, using fee-based Services. Membership is defined by
engaging in a purchase agreement with Alpha Male Factor, LLC wherein you, the
consumer, purchase one of the products found on the Website.
(b) Compliance. You must comply with all of the
terms and conditions of this TOS, the policies referred to below, and all
applicable laws, regulations, and rules when you use the Website.
(c) License and Restrictions. Subject to the
terms and conditions of this TOS, you are hereby granted a limited,
non-exclusive right to use the content and materials on the Website. You may
not use any third-party intellectual property without the express written
permission of the applicable third party, except as permitted by law. The
Website will retain ownership of its intellectual property rights, and you may
not obtain any rights therein by virtue of this TOS or otherwise, except as
expressly set forth in this TOS. You will have no right to use, copy, display,
perform, create derivative works from, distribute, have distributed, transmit,
or sublicense from materials or content available on the Website, except as
expressly set forth in this TOS. You may not attempt to reverse engineer any of
the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the
Website and the Services, you may not: (i) infringe
any patent, trademark, trade secret, copyright, right of publicity, or other
right of any party; (ii) defame, abuse, harass, stalk any individual, or
disrupt or interfere with the security or use of the Services, the Website, or
any websites linked to the Website; (iii) interfere with or damage the Website
or Services, including, without limitation, through the use of viruses, cancel
bots, Trojan horses, harmful code, flood pings, denial-of-service attacks,
packet or IP spoofing, forged routing of electronic mail address information,
or similar methods or technology; (iv) attempt to use another user's account,
impersonate another person or entity, misrepresent your affiliation with a
person or entity, including, without limitation, the Website, or create or use
a false identity; (v) attempt to obtain unauthorized access to the Website or
portions of the Website that are restricted from general access; (vi) engage,
directly or indirectly, in transmission of "spam," chain letters,
junk mail, or any other type of unsolicited solicitation; (vii) collect,
manually or through an automatic process, information about other users without
their express consent or other information relating to the Website or the
Services; (viii) use any meta tags or any other "hidden text" utilizing the Alpha
Male Factor name, trademarks, or product names; (ix) advertise, offer to sell,
or sell any goods or services, except as expressly permitted by the Website;
(x) engage in any activity that interferes with any third party's ability to
use or enjoy the Website or Services; or (xi) assist any third party in
engaging in any activity prohibited by this TOS.
(e) Other Users. If you become aware of any
conduct that violates this TOS, we encourage you to contact Customer Service.
We reserve the right, but will have no obligation, to respond to such
communications.
2. Your
Content.
(a) License. By posting, storing, or transmitting
any content on or to the Website, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free, sub-licensable right and license to use, copy,
display, perform, create derivative works from, distribute, have distributed,
transmit, and sublicense such content in any form, in all media now known or
hereinafter created, anywhere in the world. You hereby irrevocably waive any
claims based on moral rights or similar theories, if any.
(b) Objectionable Content. We do not have the
ability to control the nature of the user-generated content offered through the
Website. You are solely responsible for your interactions with other users of
the Website and any content that you post. We will not be liable for any damage
or harm resulting from any content, nor from your interactions with other users
of the Website. We reserve the right, but have no obligation, to monitor
interactions between you and other users of the Website and take any other
action to restrict access to or the availability of any material that we or
another user of the Website may consider to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable (including,
without limitation, because it violates this TOS).
3. Accuracy
of Information.
We attempt to ensure that the information on the
Website is complete and accurate; however, this information may contain
typographical errors, pricing errors, and other errors or inaccuracies. We
assume no responsibility for such errors and omissions, and reserve the right
to: (i) revoke any offer stated on the Website at any
time; (ii) correct any errors, inaccuracies, or omissions; and (iii) make
changes to prices, content, promotions, product descriptions or specifications,
or other information on the Website at any time.
4. Sales
Tax.
If you purchase any products available on the
Website ("Products"), you will be responsible for paying any applicable sales
tax indicated on the Website.
5. Fraud.
We reserve the right, but undertake no
obligation, to actively report and prosecute actual and suspected credit card
fraud. We may, in our discretion, require further authorization, such as a
telephone confirmation of your order and other information, from you. 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, the credit card company, and any relevant financial
institutions for fraud investigation. We reserve the right to cooperate with
authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual
Property Rights.
(a) Copyright. All materials on the Website,
including, without limitation, the logos, design, text, graphics, other files,
and the selection and arrangement thereof are either owned by us or are the
property of our suppliers, licensors, or other companies. You may not use such
materials without express written permission.
(b) Trademarks. Alpha Male Factor is a trade name
we own. We own the related design marks, and other trademarks on the Website.
Page headers, custom graphics, button icons, and scripts are trademarks or
trade dress we own. You may not use any of these trademarks, trade dress, or
trade names without our express written permission.
7. Third-Party
Websites.
AlphaMaleFactor.co.uk may contain links to other
websites on the Internet that are owned and operated by third parties. We do
not control the information, products, or services available on these third
party websites. The inclusion of any link does not imply our endorsement of the
applicable website or any association with the website's operators. Because we
have no control over such websites and resources, you agree that we are not
responsible or liable for the availability or the operation of such external
websites, for any material located on or available from any such websites, or
for the protection of your data privacy by third parties. Any dealings with, or
participation in promotions offered by, advertisers on the Website, including
the payment and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such dealings or
promotions, are solely between you and the applicable advertiser or other third
party. You further agree that we shall not be responsible or liable, directly
or indirectly, for any loss or damage caused by the use of or reliance on any
such material available on or through any such website, or any such dealings or
promotions.
8. Linking
and Framing.
You may not deep link to portions of the Website,
or frame, inline link, or similarly display any of our property, including,
without limitation, the Website. You may not use any of our logos or other
trademarks as part of a link without express written permission.
9. Comments.
All comments, feedback, suggestions, ideas, and
other submissions that you disclose, submit, or offer to us in connection with
your use of the Website will become our exclusive property. Such disclosure,
submission, or offer of any comments shall constitute an assignment to us of
all worldwide right, title, and interest in all patent, copyright, trademark,
and all other intellectual property and other rights whatsoever in and to the
comments, and a waiver of any claim based on moral rights, unfair competition,
breach of implied contract, breach of confidentiality, and any other legal
theory. You will, at our cost, execute any documents to effect, record, or
perfect such assignment. Thus, we will own exclusively all such right, title,
and interest, and shall not be limited in any way in the use, commercial or
otherwise, of any comments. You should not submit any comments to us if you do
not wish to assign such rights to us. We are and will be under no obligation
to: (i) maintain any comments in confidence; (ii) pay
to you or any third party any compensation for any comments; or (iii) respond
to any comments. You are and shall remain solely responsible for the content of
any comments you make.
10. Indemnification.
You agree to defend, indemnify, and hold the
Website and its subsidiaries, affiliates, and their directors, officers,
agents, members, shareholders, co-branders, or other partners, employees, and
advertising partners harmless from any liabilities, losses, actions, damages,
claims, or demands, including reasonable attorneys' fees, costs, and expenses,
made by any third party directly or indirectly relating to or arising out of
(a) content you provide to the Website or otherwise transmit or obtain through
the Service, (b) your use of the Service, (c) your connection to the Service,
(d) your violation of this Agreement, (e) your violation of any rights of
another, or (f) your failure to perform your obligations hereunder. If you are
obligated to provide indemnification pursuant to this provision, we may, in our
sole and absolute discretion, control the disposition of any claim at your sole
cost and expense. Without limitation of the foregoing, you may not settle,
compromise, or in any other manner dispose of any claim without our consent.
11. DISCLAIMERS,
EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE
WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, THEIR
USE, AND ANY INFORMATION ON CONTAINED THEREIN: (I) WILL BE UNINTERRUPTED OR
SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET
YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OF OR WITH OTHER
HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
OR CAUSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS.
THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT
EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE
FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS
OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER
OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH-RELATED INFORMATION. WE PROVIDE
INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS
A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTHCARE PROFESSIONAL. YOU
SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR
DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL
PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO
ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND
SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE OR CAUSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE
DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING
TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO,
OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE
OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR
AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS,
INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE OR THE PRODUCTS,
EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
12. Force
Majeure.
You acknowledge and understand that if the
Website is unable to provide the Products as a result of a force majeure event,
the Website will not be in breach of any of its obligations toward you under
these TOS. A force majeure event means any event beyond the control of the
Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR
FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH
FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13. Domestic
Use and Export Restriction.
We control the Website from our offices within
the United States of America. We make no representation that the Website or its
content (including, without limitation, any products or services available on
or through the Website) are appropriate or available for use in other
locations. Users who access the Website from outside the United States of
America do so on their own initiative and must bear all responsibility for compliance
with local laws, if applicable. Further, the United States export control laws
prohibit the export of certain technical data and software to certain
territories. No content from the Website may be downloaded in violation of
United States law.
14. Arbitration.
All disputes arising out of or relating to this
TOS (including its formation, performance, or alleged breach) or your use of
the Website will be exclusively resolved under confidential binding arbitration
before and in accordance with the rules of the American Arbitration
Association. The arbitrator's award will be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this TOS will be joined to an
arbitration involving any other party subject to this TOS, whether through
class arbitration proceedings or otherwise. Notwithstanding the foregoing, we
will have the right to seek injunctive or other equitable relief in state or
federal court to enforce this TOS or prevent an infringement of a third party's
rights. In the event equitable relief is sought, each party hereby irrevocably
submits to the personal jurisdiction of such court.
15. WAIVER
OF CLASS ACTION RIGHTS.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY
WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF
A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF,
RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
16. Limitation
of Actions.
You acknowledge and agree that, regardless of any
statute or law to the contrary, any claim or cause of action you may have
arising out of, relating to, or connected with your use of the Website must be
filed within one calendar year after such claim or cause of action arises, or
forever be barred.
17. Modification
of Terms of Service.
We reserve the right to change or modify these
TOS at any time, with or without notice, and your continued use of the Website
will be conditioned upon the TOS in force at the time of your use. You can
always check the most current version of the TOS at this page.
18. Termination.
We maintain the right to terminate your access to
the Website if we reasonably believe you have breached any of the TOS.
Following termination, you will not be permitted to use the Website and we may,
in our sole discretion, cancel any outstanding Product orders. If your access
to the Website is terminated, we reserve the right to exercise whatever means
we deem necessary to prevent unauthorized access to the Website, including, but
not limited to, technological barriers, IP mapping, and direct contact with
your Internet Service Provider. This TOS will survive indefinitely unless and
until we choose to terminate it, with or without notice, regardless of whether
any account or order you open is terminated by you or us, or if you have the
right to access or use the Website.
19. Integration.
This TOS contains the entire understanding
between you and us regarding the use of the Website, and supersedes all prior
and contemporaneous agreements and understandings between you and us relating
thereto.
20. Additional
Terms.
This TOS will be binding upon each party hereto, as well as upon its successors and permitted assigns, governed by and construed in accordance with the laws of the Commonwealth, without regard for conflict of law principles. These TOS, and all of your rights and obligations under them, may not be assigned or transferred by you without our prior written consent. No failure or delay by a party in exercising any right, power, or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof, or the exercise of any other right, power, or privilege under this TOS. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.