Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Your
Conduct
You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:
For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your contributions
To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.
Communication Guidelines
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send us a message in the contact us portal of this website and we will do our best to reply to your question or concern promptly.
Purchases and Online
Commerce
If paying by debit card or credit card, you give us permission to
automatically charge your credit or debit card as payment for your Program,
Product or Service without any additional authorization, for which you will
receive an electronic receipt. Should
you be provided with a Paypal invoice instead, you are required to manually pay
it by the date due on the invoice or your Program, Product or Service will be
put on hold until payment is made.
You agree that you are
financially willing and able to invest in this Program, Product or Service by
choice, and that by so doing, you are not incurring any economic hardship in
any way.
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In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for our Programs,
Products and Services and all of the information that you give as part of the
transaction, such as your name, address, method of payment, credit card number,
and billing information, may be collected by both us and our payment processing
company. Per our Privacy Policy, please make sure that you review the
privacy policy of our payment processor.
You agree to only purchase goods or services for yourself or for another person
for whom you are legally permitted to do so or for whom you have obtained the
express consent to provide their name, address, method of payment, credit card
number, and billing information.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf. You agree to use our Programs, Products,
Services, and Program Materials for legitimate, non-commercial purposes only
and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company.
In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.
If you make a
purchase from one of our affiliates, or any other individual or company through
a link provided on or through our Programs, Products or Services (“Merchant”),
all information obtained during your purchase or transaction and all of the
information that you give as part of the transaction, such as your credit card
number and contact information, may be collected by the merchant and their
payment processing company as well. Your participation, correspondence or
business dealings with any affiliate, individual or company on or through our Programs,
Products or Services, and all purchase terms, conditions, representations or
warranties associated with payment, refunds, and/or delivery related to your
purchase, are solely between you and the Merchant. You agree that we shall not
be responsible or liable for any loss, damage, refunds, or other matters of any
sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection
practices that are different from ours. We have no responsibility or liability
for these independent policies of the payment processing companies and
Merchants. In addition, when you make certain purchases through our Programs,
Products or Services, you may be subject to the additional terms and conditions
of a payment processing company, Merchant or us that specifically apply to your
purchase. For more information regarding a Merchant and its terms and
conditions that may apply, visit that merchant’s Website and click on its
information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Refund Policy
OUR 100% GUARANTEE:
We know you’ll love our Blue Eagle Shilajit as much as we do. If the package or
jar is damaged, we will be happy to refund your purchase. Send it back within
30 days, and we’ll issue a full refund (excluding shipping).
Our policy lasts 30 days. If 30 days have gone by since your purchase, you no
longer qualify for a refund or exchange.
To be eligible for a return, you are required to contact us through our
website, with your order number and contact information (phone or email address).
Please send the unused products to:
312 W. 2nd St #1003
Casper, WY 82601
Returns (if applicable):
Once your return is received and inspected, we will send you an email to notify
you that we have received your returned item. If you are approved, then your
refund will be processed, and a credit will automatically be applied to your
credit card or original method of payment, within 10 business days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund
is officially posted.
Next contact your bank. There is often some processing time before a refund is
posted.
If you’ve done all of this and you still have not received your refund yet,
please contact us through our website.
You will be responsible for paying for your own shipping costs for returning
your item. Shipping costs are non-refundable. When you receive a refund, the
cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to
reach you, may vary.
We advise using a trackable shipping service or purchasing shipping insurance.
We don’t guarantee that we will receive your returned item.
Termination
You have the right to terminate your use of or participation in our Programs, Products or Services at any time by contacting us thru our website.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send a message thru our contact us portal on this website and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Salt Lake City in the State of Utah where my business is registered, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Governing Law
These Terms of Use shall be governed by the laws of the State of Utah where my business is registered, regardless of the conflict of laws principles.
Privacy and Confidentiality
Privacy. Please review our full Privacy Policy for how we handle all of your personal data and information as well as your rights around such information.
Confidential
Information. To use our Programs,
Products, Services or Program Materials, we may seek personal data or
information including your name, email address, phone number, street address,
billing information, birthday, preferences, interests, assignments, or other
personally-identifying information (“Confidential Information”), or you may
offer or provide a comment, photo, image, video
or any other submission to us when using or participating in our Programs, Products,
Services or Program Materials (“Other Information”). By providing such
Confidential Information or Other Information to us, you grant us permission to
use and store such information in accordance with our Privacy Policy. We, in turn, will use our best efforts to keep your
Confidential Information safe, secure and confidential in accordance with these
Terms of Use and our full Privacy Policy,
which may be found on our Website. If you believe that any of your Confidential
Information is incorrect or incomplete, please contact us as soon as possible.
We will promptly correct any Confidential Information found to be incorrect.
What We Do with Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
Storage. All data and Confidential Information is stored
through a data management system. This data and Confidential Information can
only be accessed by those who help manage that information in order to deliver
email or otherwise contact those who would like to receive our correspondence.
You agree and acknowledge that we, including but not limited to our team,
staff and affiliates, and those who manage the data management system may have
access to your Confidential Information.
When We Can Disclose Confidential Information. All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, heard, collected and used by others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
Facebook Groups
Our Programs, Products and Services may come with access to a private Facebook Group. These Terms of Use apply to the Facebook Group. Further, you understand that Facebook is a public platform, and therefore, we cannot guarantee your privacy for what you voluntarily share in the group, as other people will also see what you post.
How We Use Cookies. We may use the standard "cookies" feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Programs, Products, Services or Program Materials.
Passwords. To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
If you have any questions about any term of these Terms of Use, please contact us on our website. Thank you.