Terms and Conditions for Lift Factor Plus

PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS

THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT 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 agree to be bound by the following: ATTENTION: This is a binding Agreement (the "Agreement") between you, the individual or entity accessing, using or purchasing Product from this Website ("you," "your" or "Customer") and Liftfactorplus.com ("Liftfactorplus.com”, “Lift Factor Plus”, "we”, "our" or "Company") the owner and administrator of this Website and all content contained herein (collectively, "Website").

1. 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.

2. Straight Sale Offer: By placing an order, you will be charged the full price of the package selected. By hitting the Submit Button (order button) on our site shows that you are fully aware of and agree to all our terms of our stated return and refund policy.

3. Return & Refund Policy If you are for any reason unsatisfied with our product, you can send back any used or unused items for a full refund of your purchase price by calling (844) 568-0010 Monday-Friday 9:00AM - 5:00PM EST, or the number shown on your credit card statement pertaining to your purchase, or by emailing us at [email protected]. You have 60 days to return the product, and will be responsible for applicable postage charges.

To return a Product for an exchange due to shipping damage or when cancelling your order, you will need to obtain a Return Merchandize Authorization ("RMA") number by contacting Customer Support at (844) 568-0010 Monday-Friday 9:00AM - 5:00PM EST or by emailing us at [email protected]. An RMA number can ONLY be obtained by contacting the Customer Care Department.

We cannot process or exchange Product marked "Return to Sender."

To ensure that your account is correctly noted, you must send back Product returns to the address provided below along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number. Product returns must be postmarked within five business days of receiving your Return Merchandize Authorization ("RMA") number to be eligible for a refund. Mail returned items to:
Lift Factor Plus
RMA # (insert your RMA # here)
5525 Market St
San Diego, CA 92114

We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.

We strongly encourage to contact our customer support staff to obtain an RMA (Return Merchandize Authorization) Number to help us expedite the refund process. Packages marked Return to Sender or refuse delivery will take longer than normal to resolve to your request. Please allow 3-5 days for your refund request to be processed.

4. Shipping Time
Your order will be processed within 1-2 business days. Shipping time is estimated to be three to five (3-7) business days once your item(s) leaves our warehouse. If you experience delays in the delivery of your Lift Factor Plus products, you may contact our Customer Care department at (844) 568-0010 Monday-Friday 9:00AM - 5:00PM EST or for documented response, email us at [email protected]

5. GENERAL These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records. By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, "Terms"). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.

6. SHIPPING TERMS When we ship the Product to you, our Standard priority mail service is shipped via the combined services of the United States Postal Service and United Parcel Service. Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.

6.1 How to Alter Your Shipping Schedule Please note that our Customer Care Department (available at (844) 568-0010) or by email at [email protected] can help you alter your delivery address if it was entered incorrectly when the order was placed.

7. REPRESENTATIONS; DISCLAIMERS It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the United States Food and Drug Administration, and the Product is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary. We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers ("Information Sources"). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.

We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.

8. YOUR REPRESENTATIONS You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website. You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).

9. REJECTION, DAMAGE OR LOSS IN TRANSIT We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product.

10. LIABILITY LIMITATION TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.

12. NOTICES Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of Company, the email address is: [email protected] In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.

13. TERMINATION We reserve the right to terminate your access to or use of this Website if we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.

14. Arbitration Agreement and Class Action Waiver. Except where prohibited by law, you and Lift Factor Plus 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 Lift Factor Plus 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 products, 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 Buffalo, the state of Wyoming, United States of America. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Lift Factor Plus 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 Lift Factor Plus 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 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 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 you initiate arbitration, Lift Factor Plus will reimburse you for any standard filing fee which may have been required by AAA once you have notified Lift Factor Plus in writing and provided a copy of the arbitration proceedings. However, if Lift Factor Plus is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Lift Factor Plus. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

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 Lift Factor Plus and may not preside over any kind of representative or class proceeding against Lift Factor Plus, 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 Lift Factor Plus, 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 PRODUCT.

15. FRAUD We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

16. SALES TAX If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Web Site or as required by law in the state where you reside and/or where your item(s) are being shipped to.

17. INTELLECTUAL PROPERTY RIGHTS The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent.

Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.

Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

18. Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.

19. No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.

20. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

21. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and you’re ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

22. Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.

If you would like to buy Lift Factor Plus again, please contact Customer Service at (844) 568-0010 or visit our website at www.liftfactorplus.com.

Lift Factor Plus, Fulltech 5525 Market St. San Diego CA 92114