Terms & Conditions
This Agreement is between Pacific 298 Ltd (“Company”) and you (“you” or “Customer”). This Section sets forth the terms and conditions which apply to the use by You of the Company and any other subscription product or service offered for sale by Company and/or its affiliates. The right to use any product or service offered by Company is personal to You and is not transferable to any other person or entity. Company reserves the right to make changes to the Company sites, policies, and these Terms at any time without notice.
- Use of the Company Sites
The Company contain links to other Web sites, resources and advertisers. Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
- Disclaimer of Warranty; Limitation of Liability
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company sites, nor for any offensive, defamatory or obscene posting made by. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the Company sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Company sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Company Sites, including claims by other users of your equipment, access, products or membership.
Our standard ground shipping takes from 4 to 10 business days within the continental United States. Generally international shipments take 14-21 business days from day of shipment unless customs causes a delay for some reason. If you have not received your order within 21 days from your purchase date, please visit http://www.websupportcenter.com contact customer care section to request a reshipment of your order. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and processing charge equal to your original order.
- Sales and Distribution
Customer will not sell any product on eBay, Amazon, any of their affiliate's websites, or other auction website or online marketplace. Prices do not include and are net of any foreign or domestic governmental taxes or charges of any kind that may be applicable to the sale, licensing, marketing or distribution of the products. Customer understands and acknowledges that all sales are final and that they are not entitled to return any product for a refund. Dependant on area of residence, customer may be subject to a 5% checkout fee tax which will be included in the final purchase amount. Customer may purchase by cash at http://www.healthbuy.com for a 5% discount by using coupon code: "s89k4pImn" . Company will not be responsible for any delays or lack of delivery due to customs clearance issues.
- Cancellation Policy
Once an order has been submitted your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipping. Due to the high volume of orders we receive we will be unable to cancel an order after submitted. Please order carefully.
- 90 Day Return Policy
We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality and selection to our customers. You may return any unused and unopened item purchased from us for any reason within Ninety (90) days of your purchase. If you purchased your merchandise through a 'Buy Three, Get Two Free' or similar offer, all items must be returned in order to receive a refund. If you return a partial amount of merchandise, you will forfeit the free product and receive a refund on the discount price per item based on the total purchase.
Your complete satisfaction is our ultimate goal. You may return any item shipped by Company, keeping the following in mind:
- You should return the item to us within 90 days of your purchase date.
- We do not accept items back that have been opened or used. Opened Items are Non Refundable.
- Shipping and Handling Fees are Non Refundable.
- There is a $10.00 restocking fee for returns per item.
- You must obtain an RMA# by contacting customer support at www.websupportcenter.com
- Collection Policy
If I enroll in the membership or auto ship program today, I am agreeing to be charged the amount advertised today and the retail amount advertised when the advertised period is over in for my product received. If I do not call to cancel the membership or auto ship during the period advertised, I am agreeing to pay the retail amount advertised for the product received, at the end of the advertised period. If the card on file does NOT successfully authorize for that agreed upon retail amount and you have not called to cancel, the company shall be entitled to seek collection of the unpaid funds using either internal or third party collection efforts plus all costs of collection including reasonable interest, reasonable attorney's fees (if suit is filed) and reasonable collection agency fees.
- Governing Law
For all transactions, including EU transactions, this Agreement shall be governed by and construed under Cyprus laws and, by completing their transaction, the Parties do irrevocably submit themselves to the venue and jurisdiction of the Republic of Cyprus.
- Contracting Parties
For all transactions, including EU transactions, this Agreement is entered into and by Pacific 298 Ltd and the Customer.
Statements made by Company have not been evaluated by the food and drug administration. The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself.
No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.
DISPUTE RESOLUTION PROCEDURE
Your purchase or use of Company products constitutes your agreement to this Dispute Resolution Procedure. If you do not agree to the arbitration agreement in this Dispute Resolution Procedure, you must return the product for a refund within 30 days of the date of delivery of the product.
Arbitration Agreement. You and Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ('FAA'), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, officer, shareholder, member, employee, subsidiary, affiliate, predecessor in interest, successor and/or assign of the other, will be resolved exclusively and finally by binding arbitration.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. If you initiate an arbitration, Company will promptly reimburse you for any standard filing fee which may have been required under Procedures once you have notified Company in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration shall be entitled to attorneys' fees and costs, including the filing fee.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Company and may not preside over any kind of representative or class proceeding against Company, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Company, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND PRIOR TO USE. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY
Herbal Safety Guidelines
Before using an herb you are unfamiliar with, find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert. If you are taking prescription drugs, or have a medical condition check with an appropriately qualified practitioner before using herbs medicinally. Herbs have shown overwhelming evidence that they work. Just because a small amount works well does NOT mean that more is better. As individuals we all have different constitutions, sensitivities, allergic reactions and possible health conditions. The following are merely guidelines. They include herbs offered on our websites. This list does not help with administering information on possible interactions and contraindications with prescription medicine. This needs to be discussed with your physician.
Should I check with my doctor or healthcare provider before using a supplement?
This is a good idea, especially for certain population groups. Dietary supplements may not be risk-free under certain circumstances. If you are pregnant, nursing a baby, or have a chronic medical condition, such as, diabetes, hypertension or heart disease, be sure to consult your doctor or pharmacist before purchasing or taking any supplement. While vitamin and mineral supplements are widely used and generally considered safe, you may wish to check with your doctor or pharmacist before taking these or any other dietary supplements. If you plan to use a dietary supplement in place of drugs or in combination with any drug, tell your health care provider first. Many supplements contain active ingredients that have strong biological effects and their safety is not always assured in all users. If you have certain health conditions and take these products, you may be placing yourself at risk.
Some supplements may interact with prescription and over-the-counter medicines
Taking a combination of supplements or using these products together with medications (whether prescription or OTC drugs) could under certain circumstances produce adverse effects. Be alert to advisories about these products, whether taken alone or in combination. For example: Coumadin (a prescription medicine), ginkgo biloba (an herbal supplement), aspirin (an OTC drug) and vitamin E (a vitamin supplement) can each thin the blood, and taking any of these products together can increase the potential for internal bleeding.
Some supplements can have unwated effects during surgery
It is important to fully inform your doctor about the vitamins, minerals, herbals or any other supplements you are taking, especially before elective surgery. You may be asked to stop taking these products at least 2-3 weeks ahead of the procedure to avoid potentially dangerous supplement/drug interactions -- such as changes in heart rate, blood pressure and increased bleeding - that could adversely affect the outcome of your surgery.
Not to be used during pregnancy, or if you are nursing:
Alkanet, Aloe, Angelica, Anise, Anise Star, Arnica, Ashwaganda, Barley Grass, Barberry, Basil, Bitter Melon, Black Cohosh, Bladderwrack, Blessed Thistle, Blood Root, Blue Cohosh, Blue Flag, Blue Vervain, Borage, Buckthorn, California Poppy, Cascara Sagrada, Catnip, Celandine, Celery, Chervil, Cinnamon, Club Moss, Comfrey, Coltsfoot, Cubeb, Dong Quai, Elecampane, Ephedra, False Unicorn, Fenugreek, Feverfew, Ginger, Golden Seal, Gravel, Guarana, Gymnema, Horehound, Horsetail, Hyssop, Juniper, Lemongrass, Licorice, Lobelia, Lovage, Lungwort, Mace, Motherwort, Mugwort, Muira Puama, Myrrh, Neem, Oregon Grape, Osha, Parsley, Pennyroyal, Pleurisy, Prickly Ash, Red Clover, Rhodiola, Rosemary, Rue, Sage, Sassafras, Sarsaparilla, Senna, Shepherds Purse, Spikenard, Turkey Rhubarb, Turmeric, Uva Ursi, Vitex, Watercress, White Sage, Wormwood, Yarrow
Not for persons with history of kidney stones, liver disorders, renal dysfunction or inflammation
Cubeb, Essiac, Horsetail, Hydrangea, Juniper Berries, Kava Kava, Parsley Root, Pennyroyal, Sheep Sorrel, Shepherds Purse, Suma, Sumac, Uva Ursi, Yellowdock, Yohimbe
Not recommended for person currently taking blood thinning medications:
Alfalfa, Angelica, Cramp Bark, Cubeb, Dong Quai, Ginkgo, Meadowsweet, Red Clover, Sarsaparilla, Yohimbe
Not for persons with stomach inflammation/ulcers serious digestion and/or liver problems. May cause gastrointestinal upset:
Black Haw, Blue Flag, Chaparral, Club Moss, Crampbark, Devils Claw, Eucalyptus, Elecampane, Essiac, Gentian, Ginger, Licorice, Lobelia, Parsley Root, Pleurisy, Pygeum, Solomans Seal, Tribulus, Turmeric, Yohimbe
Not for long-term use:
Bilberry Leaf, Black Walnut, Blessed thistle, Borage, Cascara Sagrada, Comfrey, Coltsfoot, Chaparral, Elecampane, Ephedra, Flax, Horsetail, Gentian, Goldenseal, Guarana, Juniper berries, Licorice, Lobelia, Lungwort, Mullein, Nettle Root, Rhubarb, Sage, Sassafras, Sarsaparilla, Senna, Sheep Sorrel, Wild Cherry, Wormwood, Uva Ursi, Yohimbe
To be used only under the supervision of an expert qualified in the appropriate use of this substance:
Calamus, Horse Chestnut, Lobelia, Licorice, Mandrake, Poke, Tonka
Do not use if you have abdominal pain or diarrhea, discontinue if these occur. Consult health practitioner prior to use if pregnant, nursing, and taking medication or have a medical condition. Do not exceed recommended dose. Not for long term use:
Aloe, Buckthorn, Cascara Sagrada, Senna, Turkey Rhubarb, Yohimbe
May cause photo toxicity in some individuals at high dosage. Avoid long exposure to sun if using internally:
Angelica, Celery Seed, Orange Peel, Rue, St. John's Wort
Seek advice from health practitioner prior to use if pregnant, nursing, have high blood pressure, heart or thyroid disease, diabetes, difficulty in urination due to prostate enlargement, or if taking mao inhibitor or other prescription drug. Reduce/discontinue use if nervousness, tremor, sleeplessness, loss of appetite or nausea occur. Do not exceed recommended dose. Keep out of reach of children:
Ephedra, St. John's Wort, Yohimbe
Seek advice from a health practitioner before use if you have/may have had kidney or liver disease. Discontinue use if nausea, fever, fatigue or jaundice (dark urine, yellow discoloration of eyes) should occur:
Statements made by Company have not been evaluated by the food and drug administration. The FDA Does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Orlando, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Revitol Skincare’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.