TERMS AND CONDITIONSThe following are the terms and conditions of the agreement between Revitalice, LLC (“REVITALICE”) and the buyer (“Buyer”) of goods or services from REVITALICE or through this REVITALICE Website (the “Site”). If you do not agree to these terms and conditions, you will not be able to purchase anything, so please review the following carefully:

1. Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between REVITALICE and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything. Purchase of a good or service shall be deemed acceptance of this Contract.

2. Setup and Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify REVITALICE within 24 hours of any breach of this Contract or unauthorized use of the password. REVITALICE does not protect Buyer from unauthorized use of Buyer’s password by any third party.

3. Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, patents, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4. Editing, Deleting, and Modification

REVITALICE reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Site, REVITALICE may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date of modification.

5. Right to Refuse

REVITALICE reserves the right in its sole discretion to refuse to provide a sale or service at any time. The sale of any goods or services is subject to availability.

6. Indemnification

Buyer agrees to indemnify, defend and hold REVITALICE and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

7. Non-Transferable

Buyer’s right to use the Site is not transferable and is subject to any limits established by REVITALICE or by Buyer’s credit card company.

8. TAXES

REVITALICE charges sales tax for products ordered on this Site based on the applicable sales tax rate, the location to which the product is being shipped, and applicable law. Where tax has been “included” in the purchase, Revitalice has “grossed up” the selling price to include applicable taxes. 

9. SHIPPING AND DELIVERY

Shipping and delivery will be charged “at cost” unless included in the product pricing. The risk of loss and title for all products sold on this Site passes to Buyer once the products are delivered to the shipping carrier unless otherwise noted. At this time, Revitalice does not ship Internationally with the exception of Canada.

10. Disclaimer

THE SITE, CONTENT, PRODUCTS, GOODS AND SERVICES FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF REVITALICE, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. REVITALICE AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REVITALICE AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

11. RETURN Policy

If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 30 days of receipt, to the following address: 5813 Monroe St., Ste 375, Sylvania, OH  43560 In such event, REVITALICE shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 11 sets forth Buyer’s sole and exclusive right to refund.

12. Use of Information

REVITALICE reserves the right, and Buyer authorizes REVITALICE, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

13. Governing Law
    

This Contract shall be treated as though it were executed and performed in Ohio, USA and shall be governed by and construed in accordance with the laws of Ohio, USA (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site or any products must be instituted within 6 months after any purchase or be forever waived and barred. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

14. Litigation

All legal proceedings arising out of or in connection with this Contract shall be brought solely in Ohio, USA and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or REVITALICE is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of REVITALICE to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

15. Acknowledgment

This Contract represents the entire understanding between you and us regarding your relationship to THE Site and Revitalice and supersedes any prior or otherwise statements or representations. YOUR USE OF THE SITE AND/OR PURCHASE OF ANY GOODS OR SERVICES CONSTITUTES PRIMA FACIA EVIDENCE OF YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS CONTRACT