Ultimate Muscle Black Edition – Straight Sale Terms and Conditions
REVIEW THE SALES, SHIPPING, REFUND AND RETURN POLICIES BELOW BEFORE
THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE
OF MERCHANDISE FROM THE WEBSITE (“MERCHANDISE”)
(EXCLUDING MERCHANDISE PURCHASED PURSUANT TO A SUBSCRIPTION PLAN,
WHICH IS GOVERNED BY THE TRIAL TERMS & CONDITIONS, AVAILABLE
Terms and Conditions].
BY ACCEPTING THESE STRAIGHT SALE TERMS AND CONDITIONS THROUGH
THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT,
AND YOUR ENTRY OF PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE
ULTIMATE MUSCLE BLACK EDITION.COM (“ULTIMATE MUSCLE BLACK
EDITION,” “WE”, “US,” AND “OUR”)
TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT
ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.
DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER,
WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED
THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING
OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
You must be at least 18 years of age or the age of majority in
your jurisdiction of residence (whichever is older) to purchase items
from the Website. By placing an order through the website, you
represent that you are at least 18 years old or the age or majority
(whichever is older) and that the person to whom the Merchandise will
be delivered is also the age of majority. Ultimate Muscle Black
Edition reserves the right to request any buyer to provide written
proof of age in any form. At the time of delivery, any shipment
containing Merchandise may require further the signature of an adult
possessing valid picture identification issued by a government agency
providing that he or she is at least 18 years old or the age or
majority, whichever is greater.
Merchandise through the Website.
If you have any questions please contact Our Customer Service
Department toll-free at 1-855-326-5712 or email us at
email@example.com. Our Customer Service
Department is open Monday thru Friday 8am-4pm Pacific Standard Time.
orders placed through the Website are subject to Ultimate Muscle
Black Edition’s acceptance. After your order has been
placed, we will provide you with an email confirming our receipt of
your order. The confirmation you receive does not constitute
our acceptance of your order. Rather, we are only confirming
our receipt of your order. Ultimate Muscle Black Edition may
refuse to accept or may cancel any order, whether or not the order
has been confirmed, for any or no reason, and without liability to
you or anyone else. If your payment card or payment method has
already been charged for an order that is later cancelled by Ultimate
Muscle Black Edition, we will issue you a refund. If you do not
receive confirmation that your order has been placed, please contact
our Customer Service Department at 1-855-326-5712 or
firstname.lastname@example.org. Your order will be
deemed accepted upon its shipment and your receipt of a shipment
confirmation of your order. Processed orders will be shipped
according to the terms of our shipping policies, which are summarized
While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
Orders that appear to be shipped to a freight forwarding company for reshipment.
Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
Incorrect credit or debit card information such as card number, expiration date and card security value;
Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
Orders connected to previous credit card disputes.
If your order has been processed and shipped, you may return the Merchandise you ordered pursuant to the terms of our Refund & Return Policy, which is summarized in Section J below.
Agreement and Class Action Waiver.
Except where prohibited by law, you and Ultimate Muscle Black Edition
agree that any dispute between us (including disputes against any
agent employee, subsidiary, affiliate, predecessor in interest,
successor, or assign of the other) relating to our Website, the
information, services, software functionality, and/or materials
(“Services and Materials”) published by Ultimate Muscle
Black Edition on or through the Website, any transaction or
relationship between us resulting from your use of our Website,
communications between us, or the purchase, order, or use of our
Merchandise, will be resolved exclusively and finally by binding
arbitration and the arbitration decision may be enforced and judgment
entered thereon in any court of competent jurisdiction. Any
such arbitration will take place in the county or municipality where
we have a principal business address or such other location where we
mutually agree. We may also mutually agree to have the
arbitration conducted by telephone or based on written submissions.
You and Ultimate Muscle Black Edition 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. You and Ultimate Muscle Black Edition further
agree that any determination regarding the applicability,
enforceability, or validity of this arbitration agreement will be
made by the arbitrator, not by any court.
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 than a court trial; however, an arbitrator can award
the same relief that a court can award. The arbitration will be
administered by the American Arbitration Association (“AAA”),
and conducted under AAA’s Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively,
the “AAA Rules”) then in effect at the time of the
You may obtain copies of the AAA Rules and forms and instructions for
initiating arbitration by visiting the AAA website at www.adr.org, or
by calling AAA at (800) 788-7879. If
you initiate arbitration, Ultimate Muscle Black Edition will
reimburse you for any standard filing fee which may have been
required by AAA once you have notified Ultimate Muscle Black Edition
in writing and provided a copy of the arbitration proceedings.
However, if Ultimate Muscle Black Edition is the prevailing
party in the arbitration, applicable law may allow the arbitrator to
award attorneys’ fees and costs to Ultimate Muscle Black
Edition. If for any reason the AAA is unavailable, the parties
shall mutually select another arbitration forum.
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 Ultimate Muscle Black Edition and may not preside over any
kind of representative or class proceeding against Ultimate Muscle
Black Edition, 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 non-severable 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
ULTIMATE MUSCLE BLACK EDITION, 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 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 YOUR RECEIPT OF YOUR FIRST ORDER OF THE
D. Merchandise Offers and Modifications. Our Merchandise is offered in varying packages for purchase as follows:
bottles of Ultimate Muscle Black Edition for $139.99 (plus tax,
shipping and handling);
bottles of Ultimate Muscle Black Edition for $114.99 (plus tax,
shipping and handling); and
1 Ultimate Muscle Black Edition for $89.99 (plus tax).
reserve the right to modify the prices charged for the Merchandise,
or to add or remove any Merchandise, from the Website at any time
without prior notice to you. Price quotes provided to you prior to
any price modification shall be honored. For the most
up-to-date pricing and Merchandise descriptions, click
protection is available for purchase for $4.99 on all order options
sent to addresses in the U.S (excluding purchases governed by the
Trial Terms and Conditions). If the shipping protection option is
added to the order we will guarantee your order arrives within 3-5
business days or you may contact customer service within 30 days of
the day on which you received your original order and receive a full
refund on your shipping protection charge.
Ultimate Muscle Black Edition offers several methods of payment for
you to purchase Merchandise including, but not limited to, credit
cards and debit cards. Some methods of payment are only
available in certain countries.
Muscle Black Edition reserves the right to request additional
evidence or proof of billing information or other information
associated with the credit or debit card account used to purchase
Merchandise from the Website. In the event that the requested
evidence or proof is not provided or is insufficient, we reserve the
right to refuse to accept the order. If you believe your credit
or debit card might have been used in a fraudulent manner to purchase
Merchandise, please contact our Customer Service Department at
1-855-326-5712 or email@example.com.
ordering Merchandise from Ultimate Muscle Black Edition, you
authorize Ultimate Muscle Black Edition to charge your debit or
credit card accordingly. Please be aware that the descriptor
(or subject line) that appears on your debit or credit card entry
will refer to Ultimate Muscle Black Edition. If you have any
questions about the descriptor on your credit card statement, you
should call our Customer Service Department toll-free at
1-855-326-5712 or firstname.lastname@example.org.
All orders are subject to applicable taxes in the states to which
they are shipped.
Any applicable discounts or promotional prices will be noted at the
time of purchase on the checkout page for your order.
All orders are shipped via United States Postal Service First Class
Mail or by UPS mail to the address you provide at the point of sale.
We ship within 1-3 days of when you place your order. Orders
placed on the weekend will be shipped the following business day.
Packages sent to the US are scheduled to arrive within 3-5 business
days. Please be advised that shipments are not sent out on
Saturdays, Sundays, or any U.S. Federal Holidays. We do not guarantee
arrival dates or times.
& Return Policy.
If at any time you are not satisfied with the Merchandise for any
reason, you may call our Customer Service Department toll-free at
1-855-326-5712 or email us at email@example.com
and request a refund. All requests for refunds will be handled
by customer service on a case by case basis, may require a return of
unused Merchandise, and may not be available if more than 30 days
have passed from the date the customer received the Merchandise.
When emailing us, please include your full name and address, as
well as the name of the Merchandise that you ordered. More
stipulations to our refund policy are as follows:
Customers are restricted to receiving a single refund per Merchandise
ordered. Repetitive refunds are not permitted unless the Merchandise,
as delivered to you, is defective. Ultimate Muscle Black Edition
reserves the right to refuse a refund to any customer who repeatedly
requests refunds or who, in Ultimate Muscle Black Edition’s
judgment, requests refunds in bad faith.
In order to process your refund, you must supply Ultimate Muscle
Black Edition with your name and delivery address. If you provide us
with insufficient or incorrect information, your refund will be
Depending on the bank that issues the credit or debit card you used,
your refund can take up to thirty (30) days to appear on your credit
or debit card statement. If you have any questions about
whether a refund has been issued by Ultimate Muscle Black Edition,
please call our Customer Service Department toll-free at
note that we are not responsible for any returned Merchandise that
gets lost or stolen while in transit to us. We recommend all
returned Merchandise be sent using some type of delivery confirmation
system to ensure proper delivery. Failure to use the Merchandise does
not constitute a basis for refusing to pay any associated charges.
of Future Orders.
If you wish to cancel future deliveries of Merchandise you must
contact Our Customer Service Department at 1-855-326-5712 Monday to
Friday from 8am to 4pm PST or at
firstname.lastname@example.org and request that such future
shipments be terminated. When emailing us, please include your
full name and address, as well as the name of the Merchandise that
you ordered. Your request for termination, whether by phone or
email, will be processed within 3-5 business days; however, you will
be responsible for payment for any Merchandise that has either A)
already been shipped to you or B) already been delivered to you at
the time of your call.
If you believe that you have been erroneously billed, please notify
our Customer Service Department toll-free at 1-855-326-5712 Monday to
Friday from 8am to 4pm PST immediately of such error.
We consider charge backs and reversals as potential cases of
fraudulent use of our services and/or theft of services and as such
will be treated. We reserve the right of filing a complaint
with the appropriate local and federal authorities to investigate.
Be advised that all activity and IP address information is
being monitored and that this information may be used in a civil
and/or criminal case(s) against a client if there is fraudulent use
and or theft of services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ULTIMATE MUSCLE
BLACK EDITION AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR
ANY PRODUCT OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION,
LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR
LOSS OF BUSINESS. IN NO EVENT WILL ULTIMATE MUSCLE BLACK EDITION OR
ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR
AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO
THE PURCHASE OF PRODUCT, ULTIMATE MUSCLE BLACK EDITION AND ITS
AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. IN SOME
JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH
JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY.
ULTIMATE MUSCLE BLACK EDITION AND AFFILIATES MAKE NO WARRANTY OF ANY
KIND REGARDING THE MERCHANDISE AVAILABLE FOR SALE ON THE WEBSITE.
EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. REGARDING THE MERCHANDISE, ULTIMATE
MUSCLE BLACK EDITION AND AFFILIATES EXPRESSLY DISCLAIM ALL
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
Terms and Conditions.
addition to these terms and conditions and the policies stated above,
your purchase of Merchandise through the Website is subject to the
of Use and Privacy
Straight Sale Terms and Conditions shall be governed by the laws of
the State of Nevada, without giving effect to its conflict of laws
provisions. These Straight Sale Terms and Conditions are not
enforceable by any party except for Ultimate Muscle Black Edition and
its customers. If any provision of these Straight Sale Terms and
Condition is found not to be enforceable, that term will be deleted
and all other terms will remain.
& Customer Support. We
welcome all support inquires by the following methods:
Email Support: email@example.com
service hours are 8am - 4pm, Monday through Friday (USA-Pacific
Standard Time). When emailing us, please include your full name
and address, as well as the name of the Product(s) that you ordered.
Muscle Black Edition
3830 Valley Centre Dr STE #660
San Diego, CA 92130 USA
© 2017 Ultimatemuscleblackedition.com