SALES AGREEMENT SUMMARY
The following Sales Agreement (the “Agreement”) shall govern the purchase of any product from Must Cure Obesity Co., a Florida corporation (“MCO” or “Seller”) by You (“You” “Your” or “Buyer”). PLEASE READ THIS AGREEMENT VERY CAREFULLY PRIOR TO PURCHASING ANYTHING FROM MCO.
YOUR ACCEPTANCE OF THESE TERMS
By making a purchase from Seller (through any medium including, but not limited to, telephone, facsimile, or through the use of MCO’s website), Buyer acknowledges that Buyer has read and fully understands the terms of the Agreement, and agrees to be bound by such terms. This Agreement is subject to change without prior notice, provided, however, that the version of the Agreement posted to MCO’s website at the time You place an order shall govern the order in question.
MEDICAL & HEALTH DISCLAIMER
Weight-loss results will always vary for individuals on any diet or weight-loss program. Always consult Your physician or healthcare professional before making any dietary changes or starting any nutrition, weight control or exercise program. You SHOULD NOT purchase MCO’s products if You suffer from a medical condition without first consulting Your physician to determine if the Gastric Bypass ALTERNATIVE® is right for You, given Your medical history and/or medical condition(s). The primary components of the Gastric Bypass ALTERNATIVE® regimen are Guar Gum, Konjac, Inulin, Beta Glucan, Xanthan Gum, Maltodextrin, Natural and Artificial Flavors, and Vitamins B-6, B-12 and C. By placing an order with MCO, You represent and warrant that You have exercised due diligence, including consultation with Your physician, regarding the Gastric Bypass ALTERNATIVE® regimen’s appropriateness, given Your medical history and or condition(s).
TAX, SHIPPING, AND PROCESSING POLICY
All applicable U.S. taxes are included in the purchase price. If your order is to be delivered outside the U.S., you are responsible for any and all international taxes, including but not limited to import tax.
Your order is shipped from Orlando, Florida, and the costs of shipping to you anywhere in the continental United States are included in the price. Should you live outside of the continental United States, MCO will notify you of any additional shipping charges prior to processing payment for your order.
Approximately five (5) hours after processing payment for your purchase, MCO begins production and fulfillment of your order. This process takes approximately 3-4 business days. Once your order is complete, MCO ships your order via United States Postal Service (“USPS”) Priority Mail. Your order will be delivered between two (2) and four (4) days, based upon your distance from Florida. Currently, USPS delivers Priority Mail Monday through Saturday. MCO deems your package delivered, and the sale final, once the USPS designates your package “delivered.”
USPS will attempt to deliver your order to you personally, but if you are not present at the time of delivery, USPS will leave your package at your door. If you wish to avoid the risk of a lost or stolen package, it is your responsibility to mark your order as “signature required” and pay the additional fee of three dollars ($3.00). This is the safest way to ensure delivery. MCO is not responsible for any lost or stolen packages, and you remain financially responsible for your order once USPS designates your package “delivered.”
CANCELLATION AND REFUND POLICY
Once You place an order with MCO, MCO begins, almost immediately, to fill Your order of a customized and personalized version of the the Gastric Bypass ALTERNATIVE® regimen. As such, MCO will agree to cancel Your order, if Your cancellation is received by MCO within five (5) hours of placing Your order. Once five (5) hours have elapsed from the time You place Your order, Your order cannot be cancelled for any reason. Furthermore, no refunds or returns (other than the Money Back for Success Policy below) are permitted under this Agreement for any reason, including, but not limited to, dissatisfaction with the product and/or an adverse medical reaction to the Gastric Bypass ALTERNATIVE® regimen.
MONEY BACK FOR SUCCESS POLICY
MCO wants to reward You for Your success. Accordingly, active participation in MCO’s support groups (as more fully described on MCO’s website) will entitle You to a discount on Your re-order of at least ten percent (10%), up to thirty-three percent (33%). The amount of the discount will be at the sole discretion of MCO. Furthermore, if You achieve a healthy weight within ten (10) pounds of Your official BMI, You will receive a one hundred percent (100%) refund of all monies You spent on the Gastric Bypass ALTERNATIVE® regimen.
GOVERNING LAW, VENUE, AND LITIGATION COSTS
Legal resolution of any dispute, of any kind, related to Your purchase of the Gastric Bypass ALTERNATIVE® regimen, shall be governed by the laws of the state of Florida, without regard to conflicts of law principles. Venue shall lie exclusively in Orange County, Florida. Should litigation ensue the prevailing party shall be entitled to recover from the non-prevailing party all costs and reasonable attorney’s related to the dispute, whether pre-suit, at the trial level, or on appeal.
Must Cure Obesity CO. (“MCO”) Terms and Conditions of Sale
DISPUTE RESOLUTION AGREEMENT
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity, enforceability thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), SHALL BE RESOLVED EITHER BY (1) ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF FLORIDA OR (2) BY BINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Consumer shall have the ability to choose between litigation or arbitration. In the event Consumer elects Arbitration Consumer shall have the choice of these two forums as well as choose a venue that is convenient for Consumer. Additionally, MCO shall bear the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and MCO. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in a venue chosen by Consumer. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration; provided however, in the event that Customer should prevail on its claim against MCO then Customer shall be entitled to recover attorneys’ fees from MCO to at least the same extent as Customer would recover in court. In the event that the Customer should choose to litigate the dispute instead of arbitration, the Customer agrees to litigate the matter in a court of competent jurisdiction that is located within Orange County, in the State of Florida. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCO PRODUCTS ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER MCO NOR ANY OF MCO’S AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MCO’S PRODUCTS & THE SUPPORT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SUCCESS, OR OTHERWISE. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THE COMPANY’S PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM THE USE OF MCO’S PRODUCTS. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, FOR NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MCO PRODUCTS & SUPPORT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
MONEY BACK FOR SUCCESS ONLY
MCO rewards SUCCESS with up to 200% cashback but does not reward failure. The regimen has already proven to be successful. We want you to be satisfied with your MCO products and we ask that you check the ingredients, the instructions, success stories and reviews consult you doctor as needed. Since the MCO regimen is customized and can not be resold all sales are final.
MCO reserves the right to review all online orders at which point we may accept or decline any order for any reason, regardless of any confirmation receipt sent to the customer. All orders must be reviewed for pre-approval and acceptance. We review your order and online assessment to ensure that you have the highest chance to succeed with the Program. MCO does not permit the resale of our products. Selling open or partially used products is dangerous and may be a violation of state and/or federal law. You do not have permission or the right to sell, transfer and/or gift any MCO product to any other person or entity. MCO will hold you responsible for any and all damages that may incur (including the loss of life), by your unauthorized sale of our products. You agree to indemnify MCO, it employees, officers and directors for any and all damages that may result from your unauthorized sale.
MEDICAL & HEALTH POLICY & DISCLAIMER
Weight-loss results will always vary for individuals on any diet or weight-loss program. Always consult your physician or healthcare professional before making any dietary changes or starting any nutrition, weight control or exercise program. Our products have not been evaluated by the Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure or prevent any disease. FDA. Notice: In accordance with the Dietary Supplement Health and Education Act (DSHEA), dietary supplements and nutraceuticals do not require approval by the FDA. For more information on the FDA please visit www.fda.gov. In accordance with the DSHEA, you are hereby notified that none of MCO products have been evaluated, tested or approved by the FDA and MCO products are not intended to diagnose, treat, cure or prevent any disease. Medical & Health Notice: Consult with your doctor or healthcare professional before beginning any weight loss program. MCO isn’t a medical organization and we can’t give you medical advice. We strongly urge you to consult with your physician (or primary health-care provider) before starting any weight loss plan. We also urge you to get periodic medical checkups. DO NOT purchase our products if you suffer from a medical condition without first consulting your doctor. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING ANY WEIGHT LOSS, EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. The primary components of our weight loss products are Guar Gum, Konjac, Inulin, Beta Glucan, Xanthan Gum, Maltodextrin, Natural and Artificial Flavors, Vitamins B-6, B-12 and C. Please discuss these ingredients with your physician or healthcare professional before using our product. MCO products should not be used by individuals under the age of 18.
If any provision of this Sale Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
By ordering any product from MCO, whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as any other Contract terms contained elsewhere on the site. BY CHECKING THE REQUIRED BOX PRIOR TO PLACING YOUR ORDER, YOU AGREE THAT YOU HAVE READ THIS SALES AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND BY ITS TERMS.
Immediately 5 hours after your order is received, your CUSTOMIZED and PERSONALIZED regimen is scheduled for production and to be shipped ASAP. We work almost around the clock.
You are expected to verify your medical permissions, financial obligations and the level of your determination prior to approving the Terms of the sale and paying. Yet, we allow 5 hours for “remorse” and cancellation without any cost. If the delay will be any longer it will not be fair to those that want to start their weight reduction immediately.
Once your order enters production, the cost of labor and materials are involved, as well as a schedule to be met. Allowing you to cancel without a pay, means that someone has to pay for the waste and it will require us to increase the price for everyone so they will pay for your “irresponsibility” and that’s not fair.
Therefore, if you cancel within 24 hours of the order, you will pay 15% to 25% of the regimen, based on the level of production that it already been through. In many cases, if you decide to purchase again within 2 months, most of the money (cancellation fee) will be applied for your re-purchase.
Once the regimen has shipped, the CUSTOMIZED and PERSONALIZED regimen can NOT be returned or refunded.