Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH UTOMIC™. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and BUMPIES® LLC, dba UTOMIC™. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile or otherwise. (References to "you" or "your" shall relate to the Customer; references to "UTOMIC™" shall relate to BUMPIES® LLC, dba UTOMIC™ and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and UTOMIC™ relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by UTOMIC™. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity, enforceabilty thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), UTOMIC™'s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Consumer shall have the ability to choose between these two forums as well as choose a venue that is convenient for Consumer. Additionally, UTOMIC™ shall bear the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and UTOMIC™. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in a venue chosen by Consumer. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration; provided however, in the event that Customer should prevail on its claim against UTOMIC™ then Customer shall be entitled to recover attorneys' fees from UTOMIC™ to at least the same extent as Customer would recover in court.
THIS SALE AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE NAF PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALE AGREEMENT, YOU AND UTOMIC™ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Opt-out: You may opt-out of this dispute resolution provision only by notifying UTOMIC™ within 30 days of the date that it first applies to you. You must do so by writing to UTOMIC™, 848 N RAINBOW BLVD #5123, LAS VEGAS, NV 89107, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with UTOMIC™ through arbitration.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IN THE EVENT, AND FOR WHATEVER REASON, SHOULD THE ARBITRATION CLAUSE ABOVE BE INAPPLICABLE, THEN CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SAN DIEGO COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by UTOMIC™ is UTOMIC™'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.
General Legal Disclaimer
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, UTOMIC™ HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.REFUND OF PRICE PAID OR REPLACEMENT OF PRODUCT IS YOUR EXCLUSIVE REMEDY.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, UTOMIC™ reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
While UTOMIC™ uses reasonable efforts to include accurate and up-to-date information on the Site, UTOMIC™ makes no warranties or representations as to the Site's accuracy. UTOMIC™ assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
UTOMIC™ WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. UTOMIC™ WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, UTOMIC™ IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Orders; Payment Terms; Interest; Taxes
Terms of payment are within UTOMIC™'s sole discretion, and unless otherwise agreed to by UTOMIC™ payment must be received by UTOMIC™ prior to UTOMIC™'s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by UTOMIC™ Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. UTOMIC™ may invoice parts of an order separately. Orders are not binding upon UTOMIC™ until accepted by UTOMIC™. Any quotations given by UTOMIC™ will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Shipping and handling charges on all orders vary; contact your UTOMIC™ Customer Service for our most current and competitive rates, options and shipping specials.
All products shipped by UTOMIC™ have a 30-day money back guarantee less shipping and handling. Return authorization numbers must be received from Customer Service and written on the shipping box. Please contact Customer Service with any questions about UTOMIC™'s weight loss guarantee at 1-888-349-1453. The above mentioned Return Policy applies to Internet purchases directly from UTOMIC™ only.
UTOMIC™ reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY.
If any provision of this Sale Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
By ordering any product from UTOMIC™, whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as any other Contract terms contained elsewhere on the UTOMIC™ site.
Credit card charges are processed online after ordering the products and/or services.