EFFECTIVE DATE: July 12, 2011 Final Smoke™ Offer Terms BY USING THIS WEB SITE AND/OR PLACING AN ORDER THROUGH THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") AND PRIVACY POLICY STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE OR PLACE AN ORDER FROM THIS SITE. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU. WE WILL POST ALL CHANGES TO THIS WEB PAGE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE CHANGES. SHIPPING & DELIVERY New customers may be subject to telephone verification to protect against fraudulent activity. Introductory shipments are usually made by USPS Priority Mail within 2 business days of our successfully reaching the customer by phone, or within 3 business days of order placement if we are unable to reach customer by phone, unless we determine that the order exhibits signs of fraudulent activity, in which case the order is cancelled and the charges voided. Delivery time for USPS Priority Mail will usually be 2-3 business days from time of shipment. Total delivery time in most cases will be 4-6 business days from time of placement. MEMBERSHIP / INTRODUCTORY PROMOTIONAL OFFER Order now and receive a full-size shipment of Final Smoke Basic for just $79.95 (30-day supply with a retail value of $139.95), or Final Smoke Deluxe for just $99.95 (30-day supply with a retail value of $179.95). If you love Final Smoke, simply continue using it. Each 30 days, beginning from initial order date, and continuing until you cancel, you'll be shipped a fresh 30-day supply at the same discount rate. Shipping is FREE on monthly shipments. Use Final Smoke for at least 3 months for noticeable and lasting results. Cancel any time. By enrolling in the FinalSmoke™ membership program, you indicate your consent to your credit card being charged the price stated on the checkout page, and our shipping you the Final Smoke™ System on an autoship basis. Most customers who quit smoking with Final Smoke, did so in 2-3 months. Please allow adequate time for the system to work for you. By placing an order, you agree not to hold FinalSmoke™ responsible for overdraft fees that you might incur as a result of any of the abovementioned charges. Failure to use any of the FinalSmoke™ products does not constitute a valid basis for refusing responsibility to pay any of the applicable charges. Your electronic signature is submitted to us via the order form page on our Site, which requires you to actively click a "radio button" indicating which product you wish to order, and click on a "checkbox" indicating your acceptance of all Site Terms and Conditions. Electronic signatures are legally binding according to the Uniform Electronic Transactions Act of 1999. This law overrides all state laws which recognize only physically handwritten signatures. To protect all parties against possible fraud, all orders are subject to telephone verification at which time the customer may be offered additional products which may complement or enhance the performance of the item(s) purchased. Purchase of additional items is completely optional, and terms and conditions for additional products will be presented at time of verification. REFUND AND RETURN POLICY Refunds are issued on the most recent monthly shipment only. Issuance of a refund automatically cancels any future monthly autoshipments. To receive a refund, customer must contact us to request an RMA number which shall be used to return the unused portion of product to us within 10 days. Shipping & handling is non-refundable. Refunds are issued for the amount most recently charged, less shipping and handling, if any, within 48 hours of our receiving a properly prepared return shipment. You may also cancel the monthly autoship membership at any time to avoid future billing. Customers who file chargebacks (payment disputes) despite having received the level of customer service promised by us may be placed on a blacklist and prevented from ordering additional products from us in the future, and this data may also be shared with our marketing partners. Data we may use in matching the identity of a prospective customer with that of existing customers includes, but is not limited to, name, address, phone, email address, IP address, and payment information. TO CANCEL OR CONTACT US To cancel auto-delivery membership and avoid future charges and deliveries, contact our customer service department by calling toll free 1-877-839-8572, M-F, 8am-6pm EST, or by emailing us at support@remedyorders.com. Live customer service agents are available to assist you with cancellations and any other concerns. Please have your order number available. Upon receipt of your cancellation request, future shipments will cease, and you will no longer be billed. OFFERS FROM MARKETING PARTNERS After you place an order through this web site, you may be offered the opportunity to review or purchase other products or services offered by us or one of our marketing partners. We may share personally identifiable information about you with our marketing partners in accordance with our privacy policy. You will not be obligated to review or purchase these other products or services. If you decide to review or purchase these other products or services, please be aware that they will be governed by terms and conditions separate from these Terms. PRIVACY Please see our privacy policy for information about our collection and use practices with respect to your personal information provided through use of this site. You also agree to be bound by this web site's General Terms & Conditions, located here. The terms and conditions therein are incorporated into this Agreement by reference. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups or downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. BY USING THIS WEB SITE, PLACING AN ORDER, OR PARTICIPATING IN THE AUTO DELIVERY PROGRAM, YOU AGREE THAT WE AND OUR OWNER(S), PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, AND EMPLOYEES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, CLAIMS, DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, RESULTING FROM ANY USE OF THE WEB SITE, THE INTRODUCTORY OFFER, THE AUTO DELIVERY PROGRAM, OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE, ANY FAILURE OR DELAY BY US IN CONNECTION WITH THE WEB SITE, THE INTRODUCTORY OFFER, THE AUTO DELIVERY PROGRAM, OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE, THE PERFORMANCE OR NON-PERFORMANCE OF THE WEB SITE, THE INTRODUCTORY OFFER, THE AUTO DELIVERY PROGRAM, OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION. TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FALL SHORT OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL UNDER NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT(S) YOU ORDERED. WE MAKE NO WARRANTY OF ANY KIND REGARDING THE WEB SITE, THE INTRODUCTORY OFFER, THE AUTO DELIVERY PROGRAM, OR ANY PRODUCT OR SERVICE AVAILABLE ON THIS WEB SITE, EACH OF WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE WEB SITE, THE INTRODUCTORY OFFER, THE AUTO DELIVERY PROGRAM, OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE, INCLUDING WITHOUT LIMITATION THAT THEY WILL BE ERROR-FREE, OR AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THEM. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. INDEMNITY You agree to indemnify and hold Final Smoke and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use. VENUE The laws of the State of New York shall govern these Terms. |
