THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT. Please carefully review the Arbitration and Waiver of Class Action sections below for more information.
BY ACCESSING THE WEBSITE OR PLACING AN ORDER THROUGH THE WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE, PLACE ANY ORDER ON THE WEBSITE, OR PURCHASE ANY PRODUCTS ON THE WEBSITE.
We reserve the right to change or modify these Terms and all documents incorporated by reference at any time. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.beautyfitdirect.com/elements/terms_content.html. Use of this Website after such changes constitutes acceptance of such changes.
Any statements on this site or any materials or supplements distributed or sold by www. have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition, we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
If you are placing an order online as part of one of our auto-ship programs, your membership in the program ("Auto-Ship Program") will remain in effect until cancelled. If you sign up for the Auto-Ship Program on the Website in connection with your purchase, the payment card you provide will be charged $ (including S&P and tax if applicable), and you will be shipped a trial of Beauty Fit. IF YOU SIGN UP FOR A TRIAL, YOU WILL BE ENROLLED IN OUR AUTO-SHIP PROGRAM UNLESS YOU CANCEL WITHIN 14 DAYS OF PLACING YOUR ORDER.
This means that, unless you cancel, you will automatically be enrolled in our Auto-Ship Program. Beginning about 14 days after you place your order, you will be charged $ and any applicable tax, and automatically receive an additional 30-day supply of Beauty Fit. You will continue to receive a fresh 30-day supply of Beauty Fit about every 30 days for as long as you stay a member of our Auto-Ship Program. The card you provided when you ordered the trial product will be automatically charged $ (including S&P and tax if applicable) when each new product ships. To cancel future shipments in the Auto-Ship Program, you must call 1-888-925-8649 at least 1 day prior to the date that your next monthly delivery ships.
Your membership in the Auto-Ship Program will remain in effect until you cancel by following the cancellation instructions below. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR AUTO-SHIP PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. If you wish to cancel your participation in one of our Auto-Ship Programs, you may do so by contacting customer service by calling 1-888-925-8649.
By proceeding with your purchase, you acknowledge and agree that Edge Marketing INC will not obtain additional authorization from you for each future installment of the $ Auto-Ship Program price that will be charged to the payment card you provided initially. In addition, you do not hold Edge Marketing INC responsible for any overdraft charges or fees which you might incur during the ongoing Auto-Ship Program.
We may, in our sole discretion, terminate your membership in the Auto-Ship Program at any time without notice to you. We reserve the right to refuse or discontinue the supply of Beauty Fit to any user at any time in our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and you must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card or alternate method of payment is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-888-925-8649.
By receiving a trial, you agree to all terms and conditions of the trial, including the limitation of one per household. Any trials found to have been received by a household that exceed one (1) are subject to a subsequent billing at the rate of $19.95. Unauthorized resale of trial products is strictly prohibited. Any individual or entity found to have manipulated Edge Marketing INC's trial offer program for purposes of resale (without proper payment) shall have committed fraud.
Return Policy for Auto-Ship Deliveries
Edge Marketing INC retains a 14 Day Satisfaction guarantee on all Beauty Fit Auto-Ship 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 empty bottle for a full refund of the purchase price including shipping and processing. To obtain your refund, you must call us at 1-888-925-8649 and to receive your refund, you must postmark your return within 30 days of purchase. You must pay for return shipping.
Address the return package to: Beauty Fit, 4747 N Nobhill RD #15 Sunrise, FL 33351
We will not accept or issue a refund for any packages marked return to sender or refused. If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product, a refund will be issued to your credit card for a full refund of the purchase price including shipping and processing. Please allow one or two billing cycles (approximately thirty (30) to sixty (60) days) for the refund to be posted to your account, depending on your financial institution.
Using the Website
Except as expressly provided below, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third party intellectual property without the prior 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 shall not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms. 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 Agreement. You may only use the Website or make purchases on the Website if you are the age of majority in your state. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. In your use of the Website and the services available on the Website ("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 web sites 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 or 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 Beauty Fit 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 these Terms.
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.
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 or 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 these Terms).
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; (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.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Edge Marketing INC you accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature, and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY Edge Marketing INC. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
If you purchase any Products on the Website, you will be responsible for paying any applicable sales tax indicated on the Website.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the Company. 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.
Intellectual Property Rights
All materials on the Website, including without limitation, the software, logos, design, text, graphics, images, photographs, illustrations, audio and video material, user interfaces, sounds, artwork, computer code (including html code), products, information, other files, and the selection and arrangement thereof are either exclusively owned by us or are the property of our suppliers, licensors or other companies. You may not use such materials without prior written permission. Beauty Fit is a trade name that we exclusively own. The related design marks, and other trademarks on the Website are exclusively owned by us. Page headers, custom graphics, button icons, and scripts are trademarks or trade dress that we exclusively own. You may not use any of these trademarks, trade dress, or trade names without our express written permission. 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.
Third Party Websites
The Website 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. Please review carefully the third-party's terms and conditions, policies and practices and make sure you understand them before you use the third-party website or engage in any transaction thereon. You 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 third-party website or any such dealings or promotions with or offered by such third-parties.
Except where prohibited by law, including in the state of New Jersey, you agree to defend, indemnify and hold the Website, the Company and its directors, officers, agents, members, shareholders, co-branders or other partners, employees, subsidiaries, and affiliates, and all directors, officers, agents and employees of any subsidiaries or affiliates, harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses ("Claims"), 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.
Disclaimers, Exclusions, and Limitations
EXCEPT WHERE PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, 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, ITS USE, AND/OR ANY INFORMATION ON IT: (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 OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.
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 HEALTH CARE 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. 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 MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. 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, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Edge Marketing INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR ATTEMPTED USE OF THE WEBSITE, SERVICES, OR PRODUCTS, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Edge Marketing INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 OR ATTEMPTED USE OF THE WEBSITE, SERVICES, OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF Edge Marketing INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT (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.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof.
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 may be joined to an arbitration involving any other party subject to these Terms, 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 located in the state of Florida to enforce these Terms or prevent an infringement of a third party's rights or our intellectual property rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction and venue of such court.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU RECEIVE, PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT ORDERED OR PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO THE COMPANY AT BEAUTY FIT, 4747 N NOBHILL RD #15 SUNRISE, FL 33351. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU RECEIVED, PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST RECEIVED, PUCRHASED, USED OR ATTMPETED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Waiver of Class Action Rights
Additional Terms and Conditions
We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for the Product. 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 Agreement shall survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website. In all events, should this Agreement be terminated, the following provisions of this Agreement shall survive: Health Disclaimer, Content, Electronic Signatures and Agreement, Fraud, Intellectual Property Rights, Third Party Websites, Comments, Indemnification, Disclaimers, Exclusions, and Limitations, Applicable Law, Arbitration, Waiver of Class Action Rights, and Miscellaneous.
You acknowledge and understand that if the Company is unable to provide the products as a result of an event outside of its control, the Company will not be in breach of any of its obligations towards you under these Terms. This Agreement contains the entire understanding between you and the Company regarding the use or attempted use of the Website, Services, or any product, and supersedes all prior and contemporaneous agreements and understandings between you and the Company relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. These Terms and all of your rights and obligations under them may not be assigned or transferred by you without the Company's prior written consent. No failure or delay by a party in exercising any right, power or privilege under these Terms 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 these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
Questions about the Terms & Conditions should be sent to us at firstname.lastname@example.org.