TERMS AND CONDITIONS
Last Updated on July 17th, 2019
LIBERTY BOOST TERMS OF USE AND CONDITIONS FOR SALE
Effective Date: June 17, 2023
By placing an order, you agree to the full terms and conditions and privacy policy as well as enrollment into our monthly auto-ship program where you will immediately be billed the shipping and handling amount of 4.95 and we will immediately ship you a bottle of LIBERTY BOOST. You have a 3 DAY day trial period. Your trial will begin upon receipt of LIBERTY BOOST. After your LIBERTY BOOST trial (10 days) has ended, your credit card will then be automatically charged the full retail price of 118 and you will be shipped a recurring supply of LIBERTY BOOST every 30 days unless you take action to cancel your trial.
For all MasterCard transactions ONLY, within 2 Days, you will receive an email requiring your response to activate the monthly auto-ship program. If you are happy with LIBERTY BOOST, you are required to consent to the monthly auto-ship program in order to receive additional LIBERTY BOOST. You will be charged 118 (including 4.95 shipping and handling) for each recurring product that has shipped to you until you cancel. If our product is not right for you, simply call , contact us via email at, Shipment via CARRIER typically takes 2-5 DAYS.
LIBERTY BOOST ("Product") is sold by LIBERTY BOOST. All references herein to "we," "us," or "our" refers to LIBERTY BOOST. LIBERTY BOOST will use the information you provide to process and ship your orders (including disclosing your name and address to fulfillment houses and delivery services such as UPS or USPS); to contact you about the status of your orders; create an account for later use so that you do not need to re-enter the information; and as otherwise indicated by our web site's
.
ARBITRATION AGREEMENT
You and LIBERTY BOOST 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; and that any dispute between us relating to our web site, the services provided through our web site, any transaction or relationship between us resulting from your use of our web site, communications between us, or the purchase, order, or use of LIBERTY BOOST services and/or products, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. You and LIBERTY BOOST 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.
BY 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, 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 dispute.
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 for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, LIBERTY BOOST will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified LIBERTY BOOST in writing and provided a copy of the arbitration proceedings. However, if LIBERTY BOOST is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to LIBERTY BOOST, including the filing fee.
CLASS ACTION WAIVER
There 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 LIBERTY BOOST and may not preside over any kind of representative or class proceeding against LIBERTY BOOST. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable 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 CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST LIBERTY BOOST IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND, NOT USE THE PRODUCT OR WEB SITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
TRIAL OFFER
The 3 DAY day trial offer for Product includes enrollment in our recurring shipping program, which is subject to the terms described below.
You must contact customer service at least one (1) business day before the end of the 3 DAY day trial period to cancel and make arrangements to return the trial supply to avoid paying for the trial supply and continuing in our recurring shipping program. See customer service contact information below. If you do not contact customer service to cancel at least one (1) business day before the end of the 3 DAY day trial period, we will charge $118, which includes shipping and handling, the day after the trial period ends to the card you provided at checkout and you will continue with the recurring shipping program. Approximately every thirty (30) days after the trial period ("Subscription Term"), we will automatically charge $118, to the same card you provided when you signed up for the trial offer. Please note that we calculate the 3 DAY day trial period and Subscription Term in calendar days (Monday thru Sunday), not business days.
RECURRING SHIPPING PROGRAM
Unless you cancel at least one (1) business day before the end of the trial period or Subscription Term, our recurring shipping program will ship you a fresh thirty (30) day supply of the Product two (2) days after you place your trial order and approximately every thirty (30) days thereafter. You may cancel your enrollment in the recurring shipping program at least one (1) business day before the expiration of the trial period or Subscription Term by contacting customer service. See customer service contact information below.
RETURN AND REFUND POLICY
Before End of Trial Period
To cancel your account and void the $4.95 charge for the trial supply, you must contact customer service at and obtain instructions to return your trial supply at least one (1) business day before the end of the 3 DAY day trial period. Our customer service will issue you a Return Merchandise Authorization ("RMA") number. You must write the RMA number clearly on the outside of your return package and send the return shipment to the address provided by our customer service agent.
You are responsible for paying all costs related to shipping the trial supply back to us using the RMA number.
Your return package must be received by us within 10 days after you receive the RMA number. If we do not receive your return package within that time period, you will be charged $118 for the cost of the Product, but you will be canceled from our recurring shipping program.
Please note that we do not accept or process packages marked "Return to Sender" or that do not otherwise have the RMA number marked clearly on it.
AFTER TRIAL PERIOD
We do not accept returns or provide refunds for any shipments made after the trial shipment. You can contact our customer service department at least one (1) business day before the end of each Subscription Term to cancel your enrollment in the recurring shipping program and avoid further charges.
CUSTOMER SERVICE
To cancel and avoid further charges for the trial shipment and/or to cancel enrollment in the auto delivery program, contact our customer service department by phone at .
LIMITATION OF LIABILITY
By placing a trial order, or participating in the recurring shipping program, you agree that we and our owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, any failure or delay by us in connection with the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, the performance or non-performance of the web site, the trial offer, the recurring shipping program, even if we have been advised of the possibility of damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your information. Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
CONTENT DISCLAIMER
The information on the web site is intended solely as a general educational aid. It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF WEB SITE
We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis. We 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. We are not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, including without limitation that they will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to them. Some states do not allow the limitation of liability and disclaimer of implied warranties, so the disclaimers and limitations above may not apply to you.
MODIFICATION OR SUSPENSION OF WEB SITE
You agree that LIBERTY BOOST, in its sole and absolute discretion, may make, and at any time, modify, alter, discontinue, or suspend its operation of this web site, or any part thereof, temporarily or permanently, without notice to you, and you agree that LIBERTY BOOST will not be liable for the consequences of doing so.
WEBSITE AUDIENCE This web site is not intended for adults only and not for anyone less than 18 years of age.
OWNERSHIP AND PROTECTION OF INTELLECTUAL PROPERTY.
The web site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LIBERTY BOOST, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit to use the web site and order Product for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our web site, except to store copies of such materials in RAM incidental to your accessing and viewing those materials or store files that are automatically cached by your Web browser for display enhancement purposes.
The company and any product names, such as LIBERTY BOOST, and all related names, logos, products and service names, design and slogans are trademarks of LIBERTY BOOST or its affiliates or licensors. You must not use such marks without the prior written permission of LIBERTY BOOST. All other names, logos, product and services names, designs and slogans on this web site are the trademarks of their respective owners.