MEGAMAGNUM PURCHASE AGREEMENT YOU MUST CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE. PLEASE PRINT A COPY FOR YOUR RECORDS.
ATTENTION: This is a binding Agreement (the ‘Agreement’) between You, the individual or entity purchasing MegaMagnum tablets (the ‘Product’) from this Website (‘you,’ ‘your’ or ‘Customer’) and SV Services Inc (‘SV,’ ‘we,’ ‘our’ or ‘Company’), the owner and administrator of this Website.
1. OFFER GENERAL TERMS AND CONDITIONS
One Time Payment Offer Terms You will be billed for your one time payment on the credit card that you provided. The price for one bottle is $59.95, the price for two bottles is $79.90 and the price for three bottles is $95.90.
Trial Offer Terms If you registered for a Sample or Trial, You will have a 18-day trial period (the ‘Trial Period’) to try our Product. The Trial Period will start after you place your order, and will end on the 18th day. Upon shipment of your trial supply your credit card will be charged the $5.95 trial fee plus shipping and handling charges for your trial bottle.
Canceling During Trial Period: If you wish to cancel your order within your Trial Period, simply call our Customer Care Department with the number posted here and inform us that you wish to cancel or receive a refund. If you cancel within the Trial Period, you will not be billed again.
Automatic enrollment: If you enjoy the trial bottle of the Product and wish to keep it, do nothing and at the end of your Trial Period your credit card will be charged $59.95 for your trial supply, and you will be automatically enrolled in the MegaMagnum Membership. This means that in approximately 30 days from the end of your Trial Period and every 30 days thereafter, until you cancel your enrollment, you will be shipped a new 1-month supply of the Product for the price of just $65.90 per month, with FREE shipping. Shipments and credit card charges will continue monthly until you cancel.
All charges for the Product, including shipping and handling for shipment to you of your trial supply of the Product, will appear on your credit card as MEGA*MAG.
2. HOW TO CANCEL YOUR ENROLLMENT AFTER THE TRIAL PERIOD
After the 18-Day Trial Period, you may cancel your enrollment by calling our Customer Care Department at the number posted here and inform us that you wish to cancel. Your request for cancellation will be processed by the next business day; however, you will be responsible to pay for any Product that already has been shipped to you at the time of your cancellation, whether or not you have received it by that time, and you authorize us to charge your credit card for such shipments. If you are billed $65.90 for our product within 30 days, you qualify for the full refund.
3. PRODUCT RETURNS (Applicable to all Products Ordered from Company)
For product returns, please call 1-800-536-1177 to receive a RMA#. When you receive your RMA#, you have 14 days to return the product to us.
We cannot process or exchange Product marked ‘Return to Sender.’
We are not responsible for lost or stolen items. We recommend you use the tracking number sent to your e-mail address to coordinate the drop-off date.
4. PRICE CHANGES
Company reserves the right to increase pricing upon prior notice to you, provided that we give you such notice at least ten (10) days before shipping Product to you at the increased price. Company may temporarily reduce the price of the Product for promotional purposes. If Company reduces the price of the Product, you will be billed at the reduced price until the promotional period ends, at which time the Product price will be restored to its non-promotional price, without further notice to you.
5. SHIPPING TERMS
Your initial trial order will be processed within two (2) business days. When we ship the Product to you, our Standard ground mail service uses the combined services of the United States Postal Service and United Parcel Service. Your shipment should arrive within 4-5 business days. Please note that shipments are not sent out on Saturdays, Sundays, or any holidays. We do not guarantee arrival dates or times. If you do not receive your trial order of Product within 5 calendar days, you may contact our Customer Care department at the number posted here, and request an extension of your Trial Period. Reasonable requests are normally granted, but this decision remains at the Company’s sole discretion.
If you need to modify the automatic 30-day delivery schedule, please contact our Customer Care Department.
6. BILLING ERRORS
If you believe that you have been billed in error, please notify our Customer Care Department immediately. If we do not hear from you within 30 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 thirty (30) days of its appearance on your credit card account statement.
7. IMPORTANT HEALTH INFORMATION
It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Product. 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 on our Website or any promotional or packaging materials is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice.
You should not use the information on our Website or provided by the Company for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any male enhancement program or suspect you might have a health problem. If there is a change in your medical condition, please stop using our Product immediately and consult your health care professional.
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.
8. YOUR REPRESENTATIONS, WARRANTIES AND RESPONSIBILITIES.
You represent and warrant that (a) you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product; (b) 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; (c) you are a resident of the United States; and (d) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. 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. You shall not re-sell, re-distribute or export any Product that you order from the Website. 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 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 order or otherwise required by law. Other than payments for the trial bottle of MegaMagnum which shall be handled as specified in Section 1, above payments due to us 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).
9. REJECTION DAMAGE IN TRANSIT
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.
10. LIABILITY LIMITATION AND DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OF 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. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents (collectively, ‘Indemnified Person(s)’), from and against any and all third party claims, actions, losses, liabilities, damages, expenses, costs and demands, including without limitation legal and accounting fees, directly, indirectly, and/or consequentially resulting or allegedly resulting from your breach of any of the terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit of which we are notified. If we do not hear from you promptly, or if you refuse to defend as set forth herein, we reserve the right to defend such claim or suit and seek full recompense from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest e-mail address that one party has provided in writing to the other. In the case of Company, please use our contact form. In the case of sending notices to you, Company will use the e-mail 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 e-mail being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the e-mail 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. If the sender is unable to successfully transmit an e-mail notice, the sender may provide notice by using the last mailing address provided from the other party.
14. FOREIGN TRANSACTION FEES
In some instances, billing for your product, membership fee or shipping fee may originate from outside of the United Sates and on some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement.
Governing Law. This Agreement and all disputes or issues arising from it shall be governed by the laws of the State of California, without regard to 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 California.
- Assignment. Company may assign this Agreement to any successor entity without obtaining further consent from, or providing notice to, Customer. Customer shall not assign this Agreement or any of the rights, interests or obligations hereunder whether voluntarily, by operation of law, or otherwise without the prior written consent of the Company in its sole discretion, and any attempt to do so without such consent shall be void. Subject to the foregoing, this Agreement shall be binding upon the parties and their respective successors and permitted assigns.
- Third Party Beneficiaries. The provisions of this Agreement are for the benefit of SV, its subsidiaries, affiliates and its contributors and service providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Severability. If for any reason a court of competent jurisdiction 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 this Purchase Agreement will continue in full force and effect.
- Attorneys’ Fees. You agree to pay Company reasonable attorneys’ fees and costs incurred in enforcing this Agreement and Company’s rights under it, whether at trial or on appeal.
- No Waiver. No waiver of or by Company of any breach of any term of this Agreement shall be deemed a waiver of any subsequent breach 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 purchase and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
- Modifications. Company reserves the right to change any of the provisions of this Purchase Agreement upon notice to you. Your continued enrollment in the MegaMagnumPlan following such notice constitutes your acceptance of such changes. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
- Trial offer limit. The trial offer is available to you only once in a 12-month period, and Company reserves the right to decline to fulfill an order in the event that you attempt to exceed this limit.
- Discontinuance of shipments. MegaMagnum reserves the right to discontinue offering or supplying the Product at any time, in its sole discretion, for any reason, including but not limited to failure of the customer’s credit card on file or discontinuance of the MegaMagnum Product.
- Your affirmations. By placing an order with us, you affirm that you have read this Purchase Agreement and understand, agree and consent to all of the terms and conditions contained herein.
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