TERMS & CONDITIONS
The following terms and conditions are a legally binding agreement which govern your use of our website and purchase of products on our website. Please review the entire agreement carefully. When you submit an order for our product you are certifying that you have read and agree to all terms and conditions contained in this agreement. The information presented on the Site is in no way intended as medical advice or as a substitute for a doctor. Nothing stated or presented on the site is intended to be a substitute for professional advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your doctor. You should always consult with your doctor or other professional before using any oral products, whether offered on the Site or otherwise. Your doctor should allow for proper follow-up visits and individualize treatment as appropriate. If you have or suspect that you have a problem, promptly contact your care provider. For any products and/or services purchased through the Site, you should carefully read all product packaging and instructions. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site. Information and statements regarding products and/or services made available on or through the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
NOTE: This special offer sends you a full 30 day supply of Revyve Face Advanced Ageless Cream. You just have to pay for the $6.95 Shipping & Processing charge. All products come with a fourteen (14) day trial period ("Trial") (10-day trial plus 4 days for processing and transit) as described in this Agreement. All Products are shipped using USPS. If You have any questions about your Trial Order, please contact Customer Service toll-free at 844-REVYVE1. Our Customer Service Department is open from 9AM - 9PM EST.
A. Trial Policy: Our Trial policy requires you to understand certain important dates. The policy, and the important dates for you to know, are as follows: B. Beginning on the day that you place an order for a product ("Product") from the Website, your fourteen (14) day Trial period begins ("Trial Period"). The Trial Period is calculated in calendar days, not business days and the fourteen (14) day Trial ends on day fourteen (14). C. You will be given a thirty (30) days supply of the Product you ordered. If you want to extend your Trial Period due to slow or delayed delivery, you must call Our Customer Service Department toll-free at 844-REVYVE1. Reasonable requests (as determined by Revyve Skin - Advanced Ageless Cream) to extend your Trial Period generally will be granted.
D. If you are satisfied with the Product and wish to continue to receive the Product on a monthly basis, you need do nothing else. Upon the expiration of the Trial Period, on Day 15, Your credit card will be billed for the full cost of the Product that you ordered at the rate of $89.95. E. On the 45th day following the date you first ordered your Product, Revyve Skin - Advanced Ageless Cream will renew your monthly subscription for another thirty (30) days supply of the Product, and the credit card You provided to us will be automatically billed for the Product at the total rate of $96.90 ($89.95 + $6.95 Shipping & Processing).
F. Unless you cancel this service, every thirty (30) days thereafter Revyve Skin - Advanced Ageless Cream will renew your subscription for an additional thirty (30) days supply of the Product you ordered, and the credit card You provided to us will be automatically billed for the Product $96.90. G. If you are not satisfied with the Product and wish to cancel future deliveries of the Product, You must contact Our Customer Service Department toll-free at 844-REVYVE1 prior to the expiration of the Trial Period (before Day 15) and cancel your order.
REFUNDS AND RETURNS. We retain a total guarantee of customer satisfaction on our products. If you are unhappy with the product for any reason, please call customer service at 844-REVYVE1 before the end of the trial. NOTE: You understand that this consumer transaction involves a trial 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.
Return Address: Revyve Skin - Advanced Ageless Cream PO Box 41542 St. Petersburg, FL 33743
H. Regardless of whether you cancel your Trial in a timely fashion or not, you will be responsible to pay the Shipping & Processing charges associated with your Product. No refunds will be issued for Shipping & Processing charges. I. If you wish to cancel future deliveries of the Product and you are within the Trial Period, then you should follow the procedures described in the preceding section of this Agreement. If you wish to cancel future deliveries of Product outside of the Trial Period, then you must call Our Customer Service Department toll-free at 844-REVYVE1 and request that such future shipments be terminated. Your request for termination will be processed immediately; however, subject to Our refund policy (described below) you will be responsible for payment for any Product that has either (i) already been shipped to you or (ii) already been delivered to you at the time of your call.
J. We strive to provide exceptional customer service, so if you are ever not satisfied with any Product that you ordered, please call Our Customer Service Department toll-free at 844-REVYVE1 and request a refund. Shipping & Processing fees are not refundable. If you are calling about refunding a purchase made over 30 days from the purchase date our customer service team will handle it on a case by case basis. Most stipulations to our refund policy are as follows: (i) Customers are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted unless the Product, as delivered to you, is defective. Revyve Skin - Advanced Ageless Cream reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Revyve Skin - Advanced Ageless Creams judgment, requests refunds in bad faith.
(ii) In order to process your refund, you must supply Revyve Skin - Advanced Ageless Cream with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed or not issued at all.
(iii) Depending on the bank that issues the credit card provided, your refund can take up to 5-7 business days to appear back on your credit card account. If you have any questions about whether a refund has been issued by Revyve Skin - Advanced Ageless Cream, please call our Customer Service Department toll-free at 844-REVYVE1.
K. By ordering Products from this Website, you authorize Revyve to charge your credit card accordingly. This authority shall remain in effect until and unless you have cancelled future orders of the Products as described in this Agreement. If you have any questions about the Credit Card Descriptor on your credit card statement, please call Our Customer Service Department toll-free at 844-REVYVE1.
L. We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to you.
Price quotes provided to you prior to any price modification shall be honored.
M. If you believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 844-REVYVE1 immediately of such error. 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.
N. Your order will be processed and shipped to the address entered at the time of purchase within two (2) business days. For orders placed on a Friday, Saturday or Sunday, packages will ship out the following Monday, unless that Monday is U.S. federal or state holiday in which case the shipment will be processed on the next non-holiday business day. If you feel you are experiencing any delay in the delivery of your product, please call Our Customer Service Department toll-free at 844-REVYVE1.
All orders are shipped to consumers using USPS with Delivery Confirmation; and if the order is shown as delivered we operate under the assumption that it has been delivered unless you call to state otherwise. There will be no refunds for product claimed to be undelivered if we are not notified within 30 days following the placement of the order and the package is shown as delivered with delivery confirmation obtained via USPS.
PRODUCT INFORMATION DISCLAIMER
The product information provided on the Site is intended only for residents in the United States. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this site have not been approved or cleared by a government regulatory body. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Revyve with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Revyve may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. Revyve is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Revyve reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
2. Disclaimer of Warranties
THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Revyve MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Revyve IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Revyve OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
3. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Revyve SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF Revyve HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Revyve FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Revyve TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Revyve. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Revyve LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4. Copyright and Trademarks
All Newsletters, logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Revyve. All other trademarks, Revyve Skin - Advanced Ageless Creams, Revyve names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Revyve owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
5.1 Scope of Use of Copyright and Trademarks
Revyve maintains the Site for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, without Revyve's written permission. Revyve makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Revyve Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree to indemnify and hold Revyve, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgements whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. 6. Third Party Websites
The Website may contain links to other websites on the Internet that are owned and operated by third parties. Revyve does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Revyve of the applicable website or any association with the website's operators. Because Revyve has no control over such websites and resources, you agree that Revyve is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Revyve shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
7. Binding Arbitration
THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS AND CONDITIONS, THE USE OF THE WEBSITE OR THE PRODUCTS SOLD ON THE WEBSITE OR THE BREACH OF THESE TERMS AND CONDITIONS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, Each Party agrees that any and all disputes that may arise out of these terms and conditions or out of each Party’s relationship with the other shall be submitted for resolution to JAMS. In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the APPROPRIATE COURT (THE CIRCUIT COURT OR DISTRICT COURT) IN SAN MATEO, CALIFORNIA. If either Party desires arbitration, it agrees to serve written notice of the arbitration with the other Party and the JAMS office.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF OUR MARKETING , PRODUCTION OR PROJECT RELATED TO US OR ANY OF OUR AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH OUR PRODUCTS OR SERVICES OR OTHER PROJECTS. This provision shall remain in full force and effect notwithstanding any termination of your use of our website or ability to purchase products.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. IF YOU WISH TO VOID THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY OF US OF YOUR INTENT TO VOID THIS PROVISION WITHIN THIRTY (30) DAYS OF YOUR USE OF OUR WEBSITE. OTHERWISE, YOU WAIVE ANY AND ALL DEFENSES TO THIS SECTION 7, BINDING ARBITRATION.
8. Class Action Suit Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This is a material condition to use of our website and purchase of our products.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Revyve, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF PLACING AN ORDER FOR THE PRODUCT.
9. Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of our Website.
10. General Provisions
The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and us and governs your use of our website and the purchase of our products. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. You may not assign any of your rights under these Terms, and any such attempt will be void.