Terms and Conditions of Sale and Disclaimers
for LiftTrial Program
Last updated: May 3, 2016
The following terms and conditions for participation in the LiftTrial Program (the “Program”), as well as all uses of associated web pages, all interpretations of associated products' disclaimers, any sale of Program-associated products, and any services rendered in association with the Program (“Terms”) constitute a binding agreement between you and CreatedByDesign. (the latter, CreatedByDesign, is occasionally referred to as “we” or “us” below).
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR ENROLLING IN THE PROGRAM AND, IF ENROLLED, WHILE CONTINUING TO BE ENROLLED (“USE”). YOUR USE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT MAKE USE. ONLY THE TERMS IN EFFECT AS OF ANY PARTICULAR PERIOD OF USE SHALL GOVERN YOUR USE DURING SUCH PERIOD, UNLESS EXPRESSLY INDICATED OTHERWISE. THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, AND THEREFORE PLEASE REVIEW THE TERMS REGULARLY. CONTINUED USE AFTER AMENDMENT OF TERMS SHALL INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THE AMENDED TERMS, except for certain provisions which we expressly state below do not apply to customers who purchased products in the past (e.g., regarding possible changes in pricing and cancellation policies, which shall remain as they were at the time that such customers enrolled in the Program). You should print a copy of the Terms for future reference since, as noted, some changes in the future to Terms will not apply to you.
1. For your current particular Use, these Terms supersede all terms and conditions that may have been published previously on this site, unless expressly indicated otherwise regarding prior Enrollment (as “Enrollment” is defined below).
2. If you are not 18 years old, please ask your parents or other adults whether you are of age to use this website, enroll in the Program, and order goods and services via the Program. There may be local laws that make it inappropriate for you to enroll in the Program and use this website. You and the adults whom you must consult are solely responsible for determining if you may use this site lawfully and enroll in the Program.
3. These Terms are subject to change at any time without notice, by our updating this posting. The new Terms will be binding upon you for all further Use, unless expressly indicated otherwise regarding prior Enrollment. If you do not wish to accept the Terms as amended, you must opt out of the Program, unless expressly indicated otherwise regarding prior Enrollment. If you choose instead to continue Use, such Use shall signify your unconditional acceptance of the Terms as amended. You should visit this page from time to time to review the then-current Terms.
4. You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with the Terms.
5. We attempt to ensure that information provided by us on this and other websites relating to the Program is complete, accurate and current. Despite all efforts, such information may occasionally be inaccurate, incomplete, or out of date.
6. Descriptions, depictions, representations, and/or specifications for the products and services on offer through the Program are intended as a guide only and only give a general approximation of the efficacy of the products.
7. You shall use this website in a legal, honest, and inoffensive manner, in compliance with generally accepted internet usage practice from time to time, and in compliance with the prevailing standards of your own community.
8. You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.
9. The Program and this website may offer online entertainment services that are adult in nature. They may involve graphic depictions and descriptions of explicit sexual activity and offer adult products for sale. You acknowledge that you are aware of the nature of the content on this site and the nature of the goods and services on offer in the Program, that you are not offended by them, and that you access this site and enroll in the Program voluntarily.
10. These Terms are organized under titles in order to group information into “user-friendly” categories. The titles are not to be used for purposes of interpreting the Terms.
ENROLLMENT, BILLING, AND CANCELLATION
1. In order to receive your first benefits, your credit card will be charged $24.95 (U.S. dollars) for shipping and handling ("S&H Fee"). There will be no retroactive effect on customers who ordered earlier when a different shipping and handling fee may have been in place.
2. Eligibility for enrollment in the LiftTrial Program is contingent on successful processing of the S&H Fee.
3. The S&H Fee is non-refundable.
4. The S&H Fee will cover shipping and handling for a month's supply of Lift Anti-Aging Serum, which consists of one (1) bottle (the "Initial Shipment"), and for any other benefits that you may have been offered and chosen to accept ("Extra Benefits").
5. Other than the S&H Fee, there are no charges associated with the Initial Shipment.
6. Shortly after the order is placed, we will send the Initial Shipment and, if applicable, the Extra Benefits.
7. You have Fifteen (15) days, inclusive of the day of ordering the product, to decide if you wish to receive additional shipments of Lift Anti-Aging Serum ("Trial Period").
8. If you decide not to receive additional shipments, you must tell us before the end of the Trial Period. In that instance, we will not ship you additional Lift Anti-Aging Serum, and we will not charge your credit card again ("Trial Cancellation").
a. a) In order to effect Trial Cancellation, you must call our toll free number provided by our agents verbally or via email (9am - 9pm EST). You may not cancel in any other manner unless expressly agreed in writing by us.
b. A request for an extension of time for the Trial Period, and the length thereof, may be granted at our sole discretion ("Extended Trial Period").
i. In the event of an Extended Trial Period, subsequent billing and shipping deadlines re-set.
ii. ii) Only one extension may be granted during the Trial Period.
9. If there is no Trial Cancellation, you will be enrolled in the LiftTrial Program ("Enrollment").
10. Upon Enrollment, your credit card will be charged an amount of $75.00 to $125.00 (U.S. Dollars), depending on the offer you have received by our representative agent. ("Membership Fee," shipping and handling included), for a thirty (30) days' supply of Lift Anti-Aging Serum which is ("Membership Benefit").
11. Every thirty (30) days thereafter you will be shipped the Membership Benefit and pay the Membership Fee, for as long as you retain Enrollment.
a. A request for an extension of time to pay the Membership Fee may be granted at our sole discretion.
b. To request an extension, you must call our toll free number provided by our agents verbally or via email (9am - 9pm EST).
12. If you chose to receive Extra Benefits, your credit card will be charged an additional fee in the amount stated on the website for such item(s) at the time that you opted to receive Extra Benefits ("Extra Benefits Fee," which is also in U.S. dollars). The Extra Benefits Fee is in addition to the Membership Fee. There are no additional shipping and handling charges to receive any Extra Benefits that you may have chosen. If the cost of such Extra Benefits changes on the website, you will continue to pay only the cost as it was stated on the website at the time of your Enrollment.
13. You may cancel your enrollment for Extra Benefits without affecting your Enrollment in the LiftTrial Program, and you may cancel Enrollment in the LiftTrial Program without affecting your enrollment for Extra Benefits.
14. If the Membership Fee, Extra Benefits Fee, and/or shipping fees change in the future, prior enrollees will not be subject to changes. Similarly, in the event that the Trial Period is changed, this will not pertain to customers already in the Trial Period.
15. There shall be no refunds or product returns.
16. Upon or after Enrollment, you might be extended additional offers and discounts. Any additional offer or discount shall be governed by these terms and conditions.
17. If you effect Trial Cancellation or Enrollment Cancellation, you may not request another Trial Period for the product, nor participate in the LiftTrial Program in any way again. We reserve the right to use any appropriate legal and equitable means to recover damages.
18. If you enter a Trial Period or Enrollment for Lift Anti-Aging Serum more than once, whether under your name or under an alias, we shall be entitled to terminate all your Trial Periods or Enrollments for any of our company's products, and charge you for any products already shipped during any Trial Period. We also reserve the right to use any appropriate legal and equitable means to recover damages.
19. It is your obligation to ensure that you maintain the e-mail address that you provided us when you enrolled in the Program, and that you check it regularly. We are not responsible for any consequences of your failure to receive messages from us due to your use of a different e-mail address than the one you provided us and/or your failure to check messages regularly at the e-mail address that you provided us.
1. We have the right to refuse to accept any orders placed for our products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped.
2. You are responsible for the accuracy of all information you provide that is necessary for us to process your order. If an order has not been shipped due to such inaccuracy, you alone are responsible.
3. The provision of products and services is subject to availability. If products are out of stock, we will inform you as soon as possible. You will be given the option of waiting until the products are in stock or canceling your order.
4. If you have any problems or concerns regarding our products, you can reach us via the customer service contact information supplied via email or by our representative agents.
5. Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
6. If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
7. Any products purchased are for personal use only. The products cannot be resold and cannot be given to any third party. 8. The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantee the level of availability of this site for your orders or other Use.
9. We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with its details upon request.
10. We do not accept your order until we receive notice from our credit card processor that your payment has been authorized and/or we have received payment in full in cleared funds.
11. If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
1. The word "Liability," as used in these Terms, means any and all damages, claims, proceedings, actions, awards, expenses, costs and other losses.
2. CreatedByDesign MAKES NO WARRANTIES FOR THE PRODUCTS SOLD ON THIS WEBSITE AND/OR THROUGH THE PROGRAM. CreatedByDesign MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS ON THIS SITE AND/OR THE PROGRAM FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CreatedByDesign SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS ON THIS SITE AND/OR IN THE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
3. THE REPRESENTATIONS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS EXPRESSED BY CreatedByDesign ABOUT PRODUCTS PURVEYED IN THE PROGRAM ARE BASED ON REPRESENTATIONS AND CONCLUSIONS BY THIRD PARTIES INCLUDING THIRD-PARTY SCIENTIFIC AND MEDICAL RESEARCHERS, CUSTOMERS PROVIDING TESTIMONIALS, EXPERT ENDORSERS, INFORMATION FROM SUPPLIERS, PARTICIPANTS ON INTERNET FORUMS, AND AUTHORS WHO PUBLISH LITERATURE ABOUT THE PRODUCTS' INGREDIENTS AND THEIR EFFICACY. CreatedByDesign DOES NOT ITSELF REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ALL SUCH REPRESENTATIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
4. CreatedByDesign SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR OTHER SITES ASSOCIATED WITH THE PROGRAM, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM SUCH WEBSITES.
5. WE 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.
6. CreatedByDesign URGES YOU TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER COMPETENT MEDICAL PRACTICIONER BEFORE USING THE PRODUCTS OFFERED ON OR THROUGH THE PROGRAM, SINCE YOU MAY BE TAKING A MEDICATION OR MAY HAVE A MEDICAL CONDITION THAT MAKES SUCH PRODUCTS INAPPOROPRIATE FOR YOUR USE. CreatedByDesign DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITNG SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER.
7. CreatedByDesign DISCLAIMS ALL LIABILITY FOR REPRESENTATIONS AND WARRANTIES MADE ON OTHER WEBSITES ABOUT THE PRODUCTS AND SERVICES ON OFFER THROUGH THE PROGRAM IF SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE INCONSISTENT WITH REPRESENTATIONS AND WARRANTIES MADE BY OR THROUGH THE PROGRAM.
8. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CreatedByDesign AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, DISTRIBUTORS, AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS.
9. THESE DISCLAIMERS AND EXCLUSIONS APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE ON OR THROUGH THE PROGRAM AND ITS ASSOCIATED WEBSITES.
10. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
1. By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by CreatedByDesign. You may not forward or copy any portion of this for any purpose other than your own personal reference.
2. Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to CreatedByDesign or its affiliates. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of CreatedByDesign. You are forbidden from copying or using these in any manner without the written permission of CreatedByDesign or other owner.
1. CreatedByDesign is not responsible for the content of any websites that link to this one, including such websites that review and/or promote CreatedByDesign's products and services. A link to this site from another website does not imply that CreatedByDesign endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites.
2. This site may contain links to websites owned or operated by parties other than CreatedByDesign Such links are provided for your reference only. CreatedByDesign does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Our inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
1. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision.
2. If any provision of these Terms is held by any competent legal or regulatory authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
3. We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
4. All third party rights are excluded and no third party shall have any right to enforce these Terms.
5. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this website and/or the Program, except as expressly indicated otherwise. No modification of this agreement shall be effective unless it is authored by us and physically signed in blue ink by a director of CreatedByDesign.
1. If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us on the Contact number provided to you via email or by one of our representative agents.