PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS
This Sale Agreement is a legal contract between the Customer and Redwood Scientific. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile or otherwise. (References to "you" or "your" shall relate to the Customer; references to "Redwood Scientific" shall relate to Redwood Scientific and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity, enforceabilty thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatRedwood Scientifices to this Sale Agreement), Redwood Scientific's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 844-364-3558. Consumer shall have the ability to choose between these two forums as well as choose a venue that is convenient for Consumer. Additionally, Redwood Scientific shall bear the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Redwood Scientific. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in a venue chosen by Consumer. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration; provided however, in the event that Customer should prevail on its claim against Redwood Scientific then Customer shall be entitled to recover attorneys' fees from Redwood Scientific to at least the same extent as Customer would recover in court.
THIS SALE AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE NAF PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALE AGREEMENT, YOU AND REDWOOD SCIENTIFIC TECHNOLOGIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Opt-out: You may opt-out of this dispute resolution provision only by notifying Redwood Scientific within 30 days of the date that it first applies to you. You must do so by writing to Redwood Scientific, 870 North Mountain #118, Upland, CA 91786, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with Redwood Scientific through arbitration.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IN THE EVENT, AND FOR WHATEVER REASON, SHOULD THE ARBITRATION CLAUSE ABOVE BE INAPPLICABLE, THEN CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SAN BERNADINO COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.
If in 30 days of use of Eupepsia Thin™ as recommended in the instruction booklet included with your order, you do not see improvements, results in helping you lose weight or if the product does not help you lose weight, we will offer you a 30 days’ money back guarantee. To provide you with a trouble-free experience, contact us within 33 days of your order to return for refund or cancel your auto-ship subscription, you must follow the steps listed in the 30 Days Satisfaction Guarantee section.
30 DAYS SATISFACTION GUARANTEEThank you so much for choosing Redwood Scientific Technologies’ product. We sincerely hope you will be pleased with your purchase. We are so confident that you will love the product(s) which you have purchased, we are offering a 30 days’ money back satisfaction guarantee. To provide you with a trouble-free experience, contact us within 33 days of your order to return for refund or cancel your auto-ship subscription, you must follow the steps listed below to ensure prompt credit or cancellation to your account.
Shipping & handling charges are non-refundable. You will be credited the cost of the product minus shipping and handling of the product(s) to you.
Please return all sealed items and all opened items in their original package for which you are requesting refund.
DO NOT return any items without contacting the customer service team to get an RMA. All returns received without the RMA will result in denied refund.
We will not receive an order back once it’s passed 33 days’ satisfaction guarantee. Orders sent back after the 33 day from the order will not be process for refund credit.
Our sole maximum liability will not exceed the refund of the product purchase price or the equivalent of delivery of the product purchased. The applicable guarantee must be brought within the allotted time supplied as detailed above or you will have waived all related claims. Except as expressly stated herein or provided for in writing in the package you received, we expressly disclaim all representations, guarantees, warranties, expressed or implied, of any kind with respect to products sold, including but not limited to, the implied warranties of merchantability and fitness for a purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
Limitation of Liability
You agree that, except as explicitly set forth herein, Redwood Scientific Technologies, Inc., its directors, officers, managers, employees or other representatives shall not be liable for damages related to products sold or the operation, content or use of our sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special incidental, punitive and consequential damages, whether in an action in contract related to our products or your access to, and use of, our site or any other hyper-linked third party website, even if we have been advised of, or are aware of, the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Eupepsia Thin™ is registered with the FDA. Eupepsia Thin™ has not been approved by the FDA to treat any conditions, illnesses or diseases.
Shipping and handling charges on all orders vary; contact your Redwood Scientific Customer Service for our most current and competitive rates, options and shipping specials.
If any provision of this Sale Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
By ordering any product from Redwood Scientific, whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as any other Contract terms contained elsewhere on the Eupepsia Thin site.