Terms and Conditions
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SCOPE & APPLICATION
1.1 You expressly agree and accept the Conditions set forth herein unconditionally as a binding contract ("the Agreement") enforceable by law. The following are the terms and conditions of participation in the XR Massive or any other Product on this Site, all such references to Subscription or Product combined shall be ("Product"). "Customer", "I", "You" or "Your" refers to you. "Site" means this World Wide Website located at the URL https://www.XRMassive.com XR Massive ("We", "Us" or "Our") reserves the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to Customer. XR Massive agrees to inform Customer of any amendment to the agreement. Should Customer fail to object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amendment.
Single item purchases are $89.99 (USD) and subject to our discounted shipping and handling charges of $9.99 (USD), three items plus free shipping and handling charges, and five items plust free shipping and handling charges.
Buy Two Bottles for $109.97 with Free Shipping
Buy Four Bottles for $185.00 with Free Shipping
Buy Six Bottles for $227.82 with Free Shipping
RETURNS, CANCELLATION AND REFUND POLICY
3.1 If you are not satisfied with your order for any reason, simply contact us within 30 days of placing your order. Please allow 3-7 business days for any refunds to process. Just keep the remainder of the product. After the 30 day period, all sales are final and no returns will be accepted for a refund. All monthly recurring shipments must be cancelled prior to billing date. Once monthly recurring has been billed, all sales are final and no returns will be accepted for refund.
NOTE: YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED TO YOU, AND FUTURE SHIPMENTS OF PRODUCT, IF YOU FAIL TO NOTIFY US TO STOP SUPPLYING THE PRODUCT TO YOU.
3.2 Regardless of whether You cancel Your Order in a timely fashion or not, You will be responsible to pay the shipping and handling charges associated with Your Product (currently ranging between $.99 and $5.99, depending on the Product ordered). You agree that we can charge Your credit card for this amount, and You agree to pay such amount regardless of whether You cancel Your Order in a timely fashion or not. No refunds will be issued for shipping and handling charges.
3.3 We want You to be satisfied with Our Products and Our services. If You are ever not satisfied with any Product that You ordered, You may call Our Customer Service Department toll-free at 1-866-632-4160 and request a refund. If you are calling about refunding a purchase made over 30 days from the purchase date our customer service team will handle it on a case by case basis. More stipulations to our refund policy are as follows:
3.4 Customers are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted unless the Product, as delivered to You, is defective. XR Massive reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in XR Massive judgment, requests refunds in bad faith.
3.5 In order to process Your refund, You must supply XR Massive with Your name and delivery address. If You provide us with insufficient or incorrect information, Your refund will be delayed.
3.6 Depending on the bank that issues the credit card You used, Your refund can take up to ten (10) days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by XR Massive, please call Our Customer Service Department toll-free at 1-866-632-4160.
3.7 Credit Card Descriptor. By ordering Products from XR Massive, You authorize XR Massive charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will refer either to XR Massive or, alternatively XR Massive, it will refer to the type of Product ordered (e.g., Platinum Membership/subscription). If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 1-866-632-4160.
3.8 Modifications. We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.
3.9 Billing Errors. If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 1-866-632-4160 immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
3.10 To cancel your subscription you will need to contact us at 1-866-632-4160 Mon-Fri 8am-12am EST and Sat-Sun 9am-6pm EST. Please note that we are not responsible for lost or stolen items.
Failure to use the product(s) does not constitute a basis for refusing to pay any associated charges. We will not provide any refunds or accept any returns for any cancellations made more than 30 days after placing Your order.
3.11 Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refunds will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.
XR Massive Returns Department
Attn: XR Massive Returns
242 S Washington Blvd #370
Sarasota, FL 34236 USA
4.1 You expressly agree to submit in writing any objection regarding fees to:
Attn: XR Massive
242 S Washington Blvd #370
Sarasota, FL 34236 USA
4.2 XR Massive, in its sole discretion, shall determine the validity of Your objection and notify You of its decision. Should You disagree with XR Massive’ decision, You agree to mediate the dispute before litigation.
4.3 You agree to indemnify for any financial harm or any losses caused by Your objections to fees that does not comply with this Section. You will be held responsible for the reimbursement of any fees and losses incurred as a result of Your failure to comply with any provision in this Agreement.
4.4 Credit Card Billing Customer expressly agrees that if Customer pays by credit card, check or demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card."
OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
5.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of Your order (as described below).
5.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject Your order (without liability) if We are unable to process or fulfill it. If this is the case, We will refund any prior payment that you have made for that item.
5.3 An order submitted by You constitutes an offer by You to Us to purchase the Subscription on these Conditions and is subject to Our subsequent acceptance.
5.4 Prior to such acceptance, an automatic e-mail acknowledgement of Your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your order.
5.5 Our acceptance of Your order takes effect and the contract concluded at the point where such offer is expressly accepted by Us dispatching Your order and accepting Your credit card or other payment ("Acceptance").
5.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however You must make sure you print a copy of all such documents and these Conditions for your own records.
6.1 You represent that the information provided by You when placing Your order is up-to-date, materially accurate, and is sufficient for Us to fulfill your order. You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Product.
6.2 No warranty, commitment or any other obligation should ever be assumed by You on Our behalf or on behalf of a Product manufacturer, licensor or supplier without Our express prior written consent.
6.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
6.4 Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on Our Acceptance.
6.5 We have the right at any time prior to Our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify You of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
6.6 The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable.
6.7 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by Us on the Site when You submit Your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
6.8 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken in full notwithstanding any claim for short delivery or defects.
6.9 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance.
6.10 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, We may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against You for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
6.11 Any extension of credit allowed to You may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgment). You shall indemnify Us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
7.1 If You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against You or You take or suffer any similar action in consequence of debt or We have cause to believe that You are unable to pay Your debts as they fall due; or You fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may:
7.1.1 Stop any Products in transit; and/or
7.1.2 Suspend further Product deliveries; and/or
7.1.3 Stop or suspend provision of Services; and/or
7.1.4 By written notice, terminate Your order and all or any other contracts between Us and You.
DELIVERY AND RISK
8.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While We endeavor to meet such timescales or dates, We do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
8.2 Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance We provide and notify Us without delay of errors or omissions. We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address after You submit an order.
8.3 If You refuse or fail to take delivery of Products provided in accordance with these Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies We have:
8.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means We consider appropriate or to store Products at Your risk;
8.3.2 You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; and
8.3.3 We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as We determine and may set off any proceeds of sale against any sums due from You.
8.4 Except to the extent required as a result of any mandatory rights You have as a consumer under applicable law, You shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless You notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon You shall pay for the quantity actually delivered.
8.5 Where We deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent installment.
8.6 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to You on delivery or when placed in your possession or that of any carrier or transport provided by You, whichever shall occur first.
REJECTION, DAMAGE OR LOSS IN TRANSIT
9.1 Except as set out above and subject to any rights You have under applicable law that cannot be excluded or limited by these Conditions:
9.1.1 We shall not be liable and You shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by Our own transport or by a carrier on Our behalf) where notified to Us within 5 working days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to Us within 30 days of receipt of the Products; and (c) defective performance of Services (not being defects caused by any act, neglect or default on Your part) where notified in writing to Us within 5 days of such defect becoming apparent.
9.1.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
9.1.3 Where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FORSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10.2 XR Massive, in its sole discretion, shall not be liable for a chance occurrence or unavoidable or uncontrollable accident beyond either parties control that prevents our ability to fulfill obligations under the contract.
THIRD PARTY RIGHTS
11.1 You shall indemnify Us against any and all liabilities, claims and costs incurred by or made against Us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
11.2 To the fullest extent permitted by law, we shall have no liability to You in the event the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, You should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to You only such right or title as we have.
WARRANTY "AS IS" IN GENERAL – WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS.
12.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by Us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine Your rights and remedies in this regard.
12.2 You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard. 12.3 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where: 12.3.1 Products have been repaired or altered by persons other than the manufacturer, Us or any authorized dealer; and/or 12.3.2 Defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or 12.3.3 Defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by Us in connection with the delivered Products.
12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
CONSENTS, CUSTOMS DUTIES & EXPORT
13.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by You, You shall obtain such license or consent at Your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle You to withhold or delay payment of the price. Any additional expenses or charges incurred by Us resulting from such failure shall be met by You.
13.2 Products licensed or sold to You under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
13.3 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches Your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by You, since We have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
14.1 Any notice or other communications in relation to Our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
14.1.1 In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
14.1.2 If posted, 5 working days after the date of posting;
14.1.4 If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
XR Massive MOBILE TEXT MESSAGING TERMS AND CONDITIONS
By signing up to receive SMS messages, you consent to receive up to 6 automated SMS or MMS text messages per month regarding events, offers and promotions from XR Massive, even if your mobile number is registered on any state or federal Do Not Call list. You consent to receive text alerts using automated technology, including through an automatic telephone dialing system. You also permit XR Massive to use location information (e.g., GPS) from your mobile device when you are in or near a pop-up shop event and to send you additional messages based on your location. These location-based messages, together with our other mobile alerts, may exceed the 6 automated text messages referenced above.
By subscribing to our program, you confirm that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your mobile carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the program at any time. You understand that you do not have to sign up for this program in order to make any purchases (in-store or online), and your consent is not a condition of any purchase with XR Massive. Your participation in our alerts program is completely voluntary.
You may opt-out of text message alerts at any time by texting STOP. You will receive a text message confirming your opt-out. Please allow up to five (5) business days to process your request. No further messages will be sent to your mobile device unless initiated by you. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. The program is only available to customers of select carriers with compatible handsets.
If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify XR Massive by texting STOP or by emailing support@XRMassive.com. You agree to indemnify XR Massive for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify XR Massive of any changes in mobile ownership. You must notify XR Massive immediately of any breach of security or unauthorized use of your mobile device. Although XR Massive will not be liable for losses caused by any unauthorized use of your mobile device, you may be liable for the losses of XR Massive or others due to such unauthorized use. If you get a new mobile number, you will need to sign up for the program with your new number.
The program is free, but the message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the program, and you are solely responsible for all charges related to them, including charges from your mobile carrier.
XR Massive COMMUNICATIONS TO YOU
You agree that XR Massive may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of XR Massive’ products or services, or for such other purpose(s) as XR Massive deems appropriate.
16.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over Your rights under these Conditions. Any purported assignment shall be null and void.
16.2 We shall not be liable to You nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of Us being prevented, hindered or delayed in the performance by reason of any circumstances beyond Our reasonable control including (but not limited to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power, Internet communications, or materials and in such event we may elect to cancel Your order and refund any payments made.
16.3 You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, We reserve the right to modify these Conditions without prior written notice to You with effect for the future, subject to Your right to reject, by way of written notice, our modifications to these Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
16.4 No relaxation, forbearance, delay or indulgence by either You or Us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
16.5 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
16.6 If for any reason We determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
16.6.1 These Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
16.6.2 In the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
17.1 The construction validity and performance of these Conditions shall be governed by US Law and You agree to submit to the exclusive jurisdiction of the Arizona Courts, in the event of legal proceedings arising from any dispute; The language of any dispute resolution procedure or any proceedings will be English.
DISPUTE RESOLUTION PROCEDURE
18.1 Your purchase or use of Company products constitutes your agreement to this Dispute Resolution Procedure. If you do not agree to the arbitration agreement in this Dispute Resolution Procedure, you must return the product for a refund within 30 days of the date of delivery of the product.
18.2 Arbitration Agreement. You and Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ('FAA'), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, officer, shareholder, member, employee, subsidiary, affiliate, predecessor in interest, successor and/or assign of the other, will be resolved exclusively and finally by binding arbitration.
18.3 BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. If you initiate an arbitration, Company will promptly reimburse you for any standard filing fee which may have been required under Procedures once you have notified Company in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration shall be entitled to attorneys' fees and costs, including the filing fee.
18.4 There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Company and may not preside over any kind of representative or class proceeding against Company, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Company, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND PRIOR TO USE. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY
Free Trial Terms and Conditions.
By ordering this product, you agree to be enrolled in XR Massive Oil. Try it out for 14 days at no charge, just pay for Shipping and Handling. After the trial expires, you agree that your card will be charged 79.99 USD for the product you received. Your monthly membership will recur at 79.99 USD every month from the time your trial expires until you cancel. You must call 1-866-632-4160 to cancel your monthly membership.
Pursuant to the terms of your purchase, we will begin billing your payment method a monthly purchase amount (together with other recurring charges, "monthly fee") at the end of the free trial period unless you cancel prior to the end of the free trial period.
Your payment method will thereafter be charged the agreed monthly fee on a recurring basis unless and until you cancel pursuant to the instructions linked below. trial period.You may cancel your account at anytime, including during your free trial. Contact customer support to cancel your account by calling toll free at 1-866-632-4160or email us at support@XRMassive.com
By starting your free trial and providing or designating a payment method, you authorize us to charge you a monthly fee at the then current rate for the service (pursuant to the terms of sale), and any other charges you may incur in connection with your use of the service and disclosed at the time of sale, such as taxes and shipping fees, to your payment method. You acknowledge that the amount billed each month may vary from month to month for reasons disclosed to and agreed by you at the time of sale, and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges.
The monthly fee for our service will be billed at the beginning of the paying portion of your trial offer and eachmonth thereafter unless and until you cancel the membership. We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying portion at the end of the trial period. Monthly fees are earned upon payment. We reserve the right to change the timing of our billing, inparticular, as indicated below, if your payment method has not successfully settled. In the event your paying portion began on a day not contained in a given month, we may bill your payment method on a day in the applicable month or such other day as we deem appropriate. As used in these Terms, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your payment method. Unless otherwise stated differently, month or monthly refers to your billing cycle.