By using, accessing or ordering products from this Website, you hereby agree to all of the following terms.
YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED TO YOU, AND FUTURE SHIPMENTS OF PRODUCT, IF YOU FAIL TO NOTIFY US TO STOP SUPPLYING THE PRODUCT TO YOU.
By placing my order, You agree to the Terms of Offer, which explain that You will pay $4.97 today, and I must cancel within 15 days of today to avoid enrollment in monthly delivery program which ships fresh supply and charges $78.91 upon the end of the trial period, and subsequently $78.91 monthly thereafter. You will be charged on same card provided today. If you wish to cancel, please call: 1-800-322-5065
If You have any questions about Your Trial, please contact Our Customer Service Department toll-free at 1-800-322-5065. Our Customer Service Department is open: Monday-Friday 9am - 8pm EST
Beginning on the day that You place an order for a product (“Product”) from the Website, Your fifteen (15) day Trial period begins (“Trial Period”). The Trial Period is calculated in calendar days, NOT business days. Delivery time is subtracted from Your Trial Period, and will reduce the number of days allocated to Your Trial Period. To extend Your Trial Period due to slow postal delivery or delayed pickup, You must call Our Customer Service Department toll-free at 1-800-322-5065. Generally we will grant reasonable requests to extend Your Trial Period.
If you like the Product and want to continue to receive it on a monthly basis, You don’t have to do anything else. When the Trial Period ends, Your credit card will be billed for the full amount of the Product You ordered. After that, a thirty (30) day supply of the Product will be automatically sent to You each calendar month, and the credit card You provided to us will be automatically billed for the Product upon Our shipment of the Product to You.
In the unlikely event You’re not satisfied with the Product and want to cancel future deliveries of the Product, You must call Our Customer Service Department toll-free at 1-800-322-5065 prior to the expiration of the Trial Period and cancel Your order. IMPORTANT: If You don’t call us before the Trial Period ends, Your credit card will be charged for the Product that was sent to You. Under all circumstances you will be responsible to pay the shipping and handling charges for Your Product. You agree that we can charge Your credit card for shipping and handling charges, and You will pay such amount(s) regardless of whether You cancel Your Trial or not. No refunds are provided for shipping and handling charges.
Upon confirming your order you will be shipped One (1) full month worth of supply Nuforia Skin Rejuvenation Treatment. Orders are generally shipped within 24 hours (Monday through Saturday) using our standard USPS First Class shipping method. Please be advised that shipments are not sent on Sundays, or any Holidays. Nuforia Skin Care does not guarantee specific arrival dates or times. Nuforia Skin Care does not refund delivery or handling charges for any shipments. Please note: Delivery time is subtracted from your trial period, and will reduce the number of days allocated to Your trial period.
NUFORIA™ SATISFACTION GUARANTEE
If you are not fully satisfied with NUFORIA, you may return the unused portion of all units of within 30 days of the purchase date for a refund on the unused portion of the product you purchased.
To cancel Your order at any time (either before or after Your Trial Period ends), call Our Customer Service Department toll-free at 1-800-322-5065.
A $12.95 restocking fee is applicable for returned orders. If you decide that you wold like to keep the product at 19.95 Cancellation fee will be applied.
You're responsible for any costs incurred to package and safely return the product to our fulfillment facility.
If You cancel after Your Trial Period has ended, You will be responsible for the payment of Product that has either (i) already been shipped to You or (ii) already been delivered to You at the time of Your call.
Shipping and processing fees are non-refundable. Please note that we cannot process packages marked “Return to Sender” or “Refused”. Returned packages require a Return Merchandise Authorization (RMA) number to ensure accurate processing. RMA numbers can be obtained by calling NUFORIA Customer Care at 1-800-991-6713.
Please note that not all merchandise may be returned. You must contact us directly before you attempt to return qualifying merchandise to obtain a Return Merchandise Authorization Number (RMA). Any package marked ‘Return to Sender’ that is accepted will be charged a restocking fee of up to 30% of the purchase price. You must return qualifying merchandise to us in its original packaging to obtain a credit. You are responsible for risk of loss, shipping and handling fees for returning product. A credit will be issued less shipping and additional fees upon receipt of the merchandise. NUFORIA is not responsible for product that is lost or damaged in return.
NUFORIA – Returns Department
2338 Rowland Ave
Savannah, GA 31404
In order to process Your refund, You must supply Us with Your name and delivery address. If You provide us with incorrect information, Your refund will be delayed. Refunds can take up to thirty (30) days to appear on Your credit card statement depending on the bank that issued your credit card If You have any questions about whether a refund has been issued, please call Our Customer Service Department toll-free at 1-800-322-5065.
If You believe that You have been billed improperly, please notify Our Customer Service Department toll-free immediately at 1-800-322-5065. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
TERMINATING THIS AGREEMENT
This Agreement will remain in effect as long as You access the Website or order anything from the Website.
We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information.
Our Products have not been evaluated by the FDA, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and are dependent on factors including age, weight, diet, and exercise regimen. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person.
You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product.
You understand and agree that the information we convey about our Products is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). We do not warrant or represent that such information is error-free, and we do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions.
All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
The Website is the sole and exclusive property of NUFORIAor its licensors, and is protected by copyright and trademark laws of the United States. Do not use or copy any of the images, text, graphics, or other materials located at the Website without Our permission.
LIMITATION OF LIABILITY; NO WARRANTIES
In no event shall NUFORIA or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, “Claims”) arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.
Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided “as is”, without any warranty whatsoever.
You agree that NUFORIA entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to NUFORIA in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether NUFORIA was aware of or advised in advance of the possibility of damages or such Claims.
The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
You agree to comply strictly with all of the terms of this Agreement. You also represent that (i) You are age eighteen years or older, (ii) You have read this Agreement and understand its terms, (iii) You will not re-sell or re-distribute any Product that You order from the Website, (iv) NUFORIA has the right to rely upon all information provided to NUFORIA by You, and (v) NUFORIA may contact You by email, telephone or postal mail for any purpose.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to NUFORIA must be sent in writing to the following address:
You agree to defend, indemnify, and hold harmless NUFORIA, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by writing to Us at NUFORIA, Nuforia Skin Care, 2351 West Atlantic Blvd 669616 Pompano Beach, FL 33066. NUFORIA will contact You by letter to Your billing address You provided Us.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
If either NUFORIA or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: NUFORIA, Nuforia Skin Care, 2351 West Atlantic Blvd 669616 Pompano Beach, FL 33066. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and NUFORIA (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, NUFORIA will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from NUFORIA; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION.
NUFORIA shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the NUFORIA performance.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. This Agreement constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. NUFORIA reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. NUFORIA does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by NUFORIA in writing, these terms and conditions may not be amended by You.
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