Terms And Conditions
CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING: ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“You”, “Your” or “Customer”), and BuckedAntler.com (“BuckedAntler.com “, “Our” or “Company”) the owner and administrator of this Website and all content and functionality contained herein. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
A. These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).
B. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms 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.
C. BuckedAntler.com reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms.
D. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country.
E. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
2. ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES.
Your membership starts off with a variable shipping fee, currently $4.95, to enroll you in the program and receive your first 30 day bottle (a $1 authorization hold may be temporarily placed with this first charge). The trial program lasts for a period of 20 days, during which you may test Bucked Antler for yourself. After 20 days from the date of purchase, when the trial period is complete, you will be billed $59.95 per month. We ship the product the day after you place your order (except that orders placed Saturday-Sunday will be shipped the following Monday). Please allow 7-9 Business Days for the order to arrive. Delays in shipment past this period will result in an extension of your trial period to match the late ship date. Your membership will be canceled after you contact a customer service agent and request that your membership be canceled. You can reach a customer service agent by our Live Chat feature on our site, by emailing us at support@BuckedAntler.com or calling (800) 707-2780. After your initial purchase of the trial shipping fee, you will be offered a three-bottle shipment, which currently costs $99.95, as a one-time deal. If you accept the offer, you will be charged $4.95 + $99.95 for the three bottles during the same checkout process. Please allow 7-9 Business Days for the order to arrive. Ordering the three-bottle upgrade will stop your membership for the monthly program of Bucked Antler and you will not receive any more product after the first three-bottle shipment. In order to cancel your trial you must contact a customer service agent within your 20 day trial period, begins on order placement, saying that you would like to cancel. You may also visit buckedantler.com/cancel and enter the email address you signed up with to update or cancel your trial period. By ordering your trial you agree that, to the best of your knowledge, you have entered the correct information. In the event that your credit card is not able to be charged you agree to send us your correct information. If you don’t provide the correct billing information we reserve the right to take legal action. We reserve the right to not accept any trial orders at our own discretion.
3. REPRESENTATIONS; DISCLAIMERS
A. It is Our intention to provide You with the finest products available, and we believe in the efficacy of every Product we sell. You understand, however, that Our Products have not been evaluated by the FTC, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and not every customer will notice immediate results.
B. You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product.
C. We endeavor to provide You with accurate information about Our Products. You understand and agree that the information we convey about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). We do not warrant or represent that such information is error-free, and we do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
D. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person. E. You must refer to the manufacturer’s specifications or warranty documentation to determine Your rights and remedies in this regard.
4. OWNERSHIP; INTELLECTUAL PROPERTY.
A. The Website, and all images and content at the Website (collectively, “Materials”), are the sole and exclusive property of BuckedAntler.com or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.
B. The Materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Materials may be reproduced by You without BuckedAntler.com ’s prior written permission.
5. YOUR REPRESENTATIONS.
You hereby represent and warrant that:
A. You are age eighteen or older.
B. You have read this Agreement and thoroughly understand the terms contained in this Agreement.
C. Any Products You purchase from the Website will be used for Your personal, non-commercial use.
D. You will not re-sell, re-distribute or export any Product that You order from the Website.
E. BuckedAntler.com has the right to rely upon all information provided to BuckedAntler.com by You.
F. BuckedAntler.com may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
Without the express prior written authorization of BuckedAntler.com , You may not:
A. Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law).
B. Create derivative works based on the Website or any of the Materials.
C. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein.
D. Frame or utilize any framing techniques in connection with the Website or any of the Materials.
E. Use any meta-tags or any other “hidden text” using the Website’s name or marks.
F. “Deep-link” to any page of the Website.
G. Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website).
H. Use any data mining, bots, or similar data gathering and extraction tools on the Website.
I. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
J. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
A. This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website.
B. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information. 8. LIMITATION OF LIABILITY; NO WARRANTIES
A. In no event shall BuckedAntler.com or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, “Claims”) arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.
B. Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided “as is”, without any warranty whatsoever.
C. You agree that BuckedAntler.com ’s entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $200.00, or (ii) the total amount of money You paid to BuckedAntler.com in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether BuckedAntler.com was aware of or advised in advance of the possibility of damages or such Claims.
D. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
9. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless BuckedAntler.com , 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 or inability to use 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.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to BuckedAntler.com must be sent in writing to the following address: BuckedAntler.com , Attention: Legal, 1660 West Lake Houston Parkway, Suite 106 Kingwood TX 77339.
11. FORCE MAJEURE
BuckedAntler.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Bucked Antler’s performance.
* Waiver of Class Action Rights. By agreeing to these terms and conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms and conditions must be asserted individually. * Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Texas, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Harris County, TX and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Harris County, TX for such purpose. * Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. * Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. * 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. * 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 attorney’s fees incurred on appeal. * No Waiver. No waiver of or by BuckedAntler.com shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement. * Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. * Complete Agreement. This Agreement constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. * Modifications. BuckedAntler.com 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. BuckedAntler.com does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by BuckedAntler.com in writing, these terms and conditions may not be amended by You.