1. Agreement.
These Terms and Conditions (the "Agreement") constitute a legally binding contract between Truman Glenn Inc ("Company," "we," "us," or "our") and you ("you" or "Customer"). By accessing or using the website located at peakrootnaturals.com (the "Site") or by placing an order, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference.
2. Eligibility.
You represent and warrant that you are at least eighteen (18) years of
age, have the legal capacity to enter into this Agreement, and are not prohibited from
purchasing the products under applicable law.
3. Products Description.
We sell dietary supplement subscriptions and related items
as described on the Site. We make reasonable efforts to ensure descriptions, pricing,
and availability are accurate. however, typographical errors may occur and we reserve
the right to correct any such errors and to refuse or cancel any order based on such
errors.
4. Orders Payment.
By submitting an order, you authorize us, or our third-party
payment processor, to charge the payment method you designate for the total amount
of your order, including applicable taxes and shipping. The descriptor on your billing
statement will appear as PEAKROOT.
5. Subscriptions and recurring billing.
Where you elect a subscription product, you
expressly authorize us to charge your payment method on the recurring interval
disclosed at checkout, at the price disclosed at checkout, until you cancel. We will send
a reminder email at least seven (7) days before any annual renewal. You may cancel at
any time in accordance with the Cancellation Policy linked in the footer, and
cancellation is effective immediately upon our receipt of your cancellation request.
6. Refund policy.
Our Refund Policy is incorporated herein by reference and is
available in the footer of every page. In summary, Customer may request a refund at
any time, without deadline and without product return, by contacting customer service at 1-833-800-9339 or [email protected].
7. Cancellation policy.
Our Cancellation Policy is incorporated herein by reference and
is available in the footer of every page. Customer may cancel any subscription or
recurring order at any time through the self-service portal, by email, or by phone, and
cancellation will take effect immediately.
8. Shipping.
We ship to addresses within the United States. Orders are generally
dispatched within two (2) business days of payment and delivered within two (2) to
seven (7) business days thereafter. Risk of loss passes to you upon delivery to the
common carrier.
9. License.
Subject to your compliance with this Agreement, Company grants you a
limited, non-exclusive, non-transferable, revocable license to access and use the Site
and any digital content delivered through the Site solely for your personal,
non-commercial use. All rights not expressly granted are reserved.
10. Intellectual property.
The Site, including all text, graphics, logos, trademarks,
software, and other content, is owned by Company or its licensors and is protected by
United States and international intellectual property laws. You may not reproduce,
modify, distribute, or create derivative works without our prior written permission.
11. Prohibited conduct.
You shall not: (i) use the Site for any unlawful purpose. (ii)
attempt to gain unauthorized access to any portion of the Site. (iii) interfere with the
proper functioning of the Site. (iv) use any data-mining, robots, or scraping tools. or (v)
transmit any viruses or malicious code.
12. Disclaimer of warranties.
THE SITE AND ALL PRODUCTS ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING
OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE PRODUCTS.
COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO
THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO COMPANY IN THE NINETY (90) DAYS PRECEDING THE CLAIM,
OR (B) ONE HUNDRED US DOLLARS (US$100).
14. Indemnification.
You agree to indemnify, defend, and hold harmless Company, its
officers, directors, employees, and agents from and against any and all claims,
damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees)
arising out of or relating to your breach of this Agreement, your misuse of the Site, or
your violation of any law or the rights of any third party.
15. Dispute resolution, binding arbitration.
Any dispute, claim, or controversy arising
out of or relating to this Agreement or the breach, termination, enforcement,
interpretation, or validity thereof, including the determination of the scope or applicability
of this agreement to arbitrate, shall be determined by binding arbitration administered
by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration
Rules. The seat of arbitration shall be Nashua, New Hampshire, and the arbitration shall
be conducted by a single arbitrator. Judgment on the award may be entered in any
court of competent jurisdiction. Small-claims carve-out. Notwithstanding the foregoing,
either party may bring an individual action in small-claims court.
16. Class action waiver.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES'
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Governing law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of New Hampshire, without regard to its conflict-of-laws
principles. The Federal Arbitration Act governs the interpretation and enforcement of
Section 15.
18. Severability waiver.
If any provision of this Agreement is held invalid or
unenforceable, such provision shall be severed and the remaining provisions shall
remain in full force and effect. No waiver of any provision of this Agreement shall be
effective unless in writing and signed by an authorized representative of Company.
19. Entire agreement.
This Agreement, together with the Privacy Policy, Refund
Policy, and Cancellation Policy, constitutes the entire agreement between the parties
and supersedes all prior or contemporaneous agreements, representations, warranties,
and understandings.
20. Contact.
Questions regarding this Agreement should be directed to Truman Glenn Inc, 1-833-800-9339, [email protected].
