LEGAL ENTITY NAME AND ADDRESS
401 N. Michigan Ave Chicago,
1. Order Acceptance and Cancellation
By clicking Rush My Trial you agree to pay $4.95 shipping & handling for your free trial product. If you feel the product is not for you, just cancel within 30 days from the order date to avoid the purchase price $59.99 + S&H and enrollment in the auto-shipment program.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
1a. Order Cancelation And Stopping Of Recurring Billing
To modify your order or to cancel your order within the initial trial, please return your item (via direct mail) within the trial period window. For cancellation requests after the trial period, please contact us at 1 (855) 910-8053.
2. Fees, Offer Terms, and Audit Rights
You shall pay the costs listed for the products and services you purchase on the Site, in accordance with these Terms. NootroBoost may change the fees for its products and services from time to time. Unless otherwise stated, all fees are quoted in US Dollar.
2.2 Payment Terms
NootroBoost will debit all fees payable by You to NootroBoost directly from the credit card account designated by You when You purchase products or services on the Site.
You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 15 days of the change.
You agree that we may, at our sole discretion, suspend or terminate your purchases on the Site if, for any reason, your credit card company refuses to pay the amount billed for the service. You also agree that we may, at our sole discretion, require you to pay any outstanding balance or overdue amount by means acceptable to us. If legal action becomes necessary for us to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, which may include reasonable attorney fees and other legal expenses.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, (local tax not included).
2.3 Trial Offer Terms
By selecting the Trial Offer Program, you are requesting enrollment in the NootroBoost trial option. Your package contains one bottle of NootroBoost plus monthly inserts. If you decide to continue using NootroBoost 14 days after your order date, do nothing and we'll charge your credit card with 1 easy payment at just $59.99 plus shipping. If for any reason you are not satisfied, and you are within the 14 days of the date of the order, simply call us at 1 (855) 910-8053 and request a return authorization number and instructions to return the empty bottle. The NootroBoost subscription provides the utmost convenience by ensuring that you do not run out of NootroBoost so that you can maintain your cognitive boost. You'll receive a new 30-day supply every 30 days, starting in 45 days from the date of your original order. Your credit card will be automatically billed just $59.99 (plus $4.95 s&h)(Local Tax not included) every 30 days. Please allow 5-7 days delivery time.
2.4 Cancellation and Refund Policy
We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality, and selection to our customers. You may return any unused and unopened item purchased from us for any reason within thirty (30) days of your purchase date. Your complete satisfaction is our ultimate goal. You may return any item shipped by NootroBoost, keeping the following in mind:
You should return the item to us within 30 days of your purchase date.
Shipping and Handling Fees are Non-Refundable.
To request a refund or cancellation within the trial period, simply call 1 (855) 910-8053. and request a return authorization number/RMA and instructions to return the product. Shipping and handling charges are non-refundable. For returns via mail, you must carefully package the product, you are responsible for the cost of return shipping, and we must physically receive the return within the 60 day period. We reserve the right, at its sole discretion, to reject any return that does not comply with these requirements. Once your return has been received, a credit to your card or refund check will be issued and an e-mail confirmation will be sent within 30 days.
1101 Brickell Avenue, #310591
Miami, FL 33231
1 (855) 910-8053
3. Changes in Products and Pricing
NootroBoost reserves the right to discontinue products and services at its sole discretion at any time without notice to You. To the extent that NootroBoost provides information on the availability of products or services, You should not rely on such information, and NootroBoost will not be liable for any lack of availability of products or services that You may order through the Site.
All pricing for the products and services available on the Site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FORGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING BUT NOT LIMITED TO THE PRICE STRUCTURE AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND SERVICES AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR OUR AFFILIATES. CONTENT AVAILABLE THROUGH THIS SITE OFTEN REPRESENTS THE OPINIONS AND JUDGMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH US. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE OTHER THAN AN AUTHORIZED SPOKESPERSON SPEAKING IN HIS/HER OFFICIAL CAPACITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
IN NO EVENT SHALL NOOTROBOOST , ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). NOOTROBOOST’S, ITS SUPPLIERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES YOU PAY TO NOOTROBOOST FOR (I) THE SOFTWARE LICENSE AND (II) THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND; (B) ONE HUNDRED US Dollar . SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold NootroBoost , its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) any breach of these Terms or the documents they incorporate by reference and (b) any content provided by You.
7.1 Governing Law
This Site (excluding any linked sites) is controlled by us from our offices. It can be accessed from countries around the world. As each of these places has laws that may differ from those of the United States by accessing this Site both of us agree that the statutes and laws of the United States, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site.
7.2 Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and purchase of products and services on the Site.
7.3 Force Majeure
Except for the payment of any fees due and payable under these Terms, neither party's delay in the performance of any duties or obligations under these Terms will be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.
Except as explicitly stated otherwise, any notices shall be given to the email address You provide to NootroBoost during the purchase process (in Your case). Notice shall be deemed given twenty-four (24) hours after email is sent unless NootroBoost is notified that the email address is invalid. Alternatively, NootroBoost may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to NootroBoost during the purchase process. In such case, notice shall be deemed given three (3) days after the date of mailing.
You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by NootroBoost , in NootroBoost ’s sole discretion.
7.6 No Third-Party Beneficiary
You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. NootroBoost ’s failure to act with respect to a breach by You or others does not waive NootroBoost ’s right to act with respect to subsequent or similar breaches.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.
Sections 1 through 6 shall survive expiration or termination of this Agreement.
7.9 Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us and you concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Conditions and Sale may be modified from time to time by us, but may NOT be altered, supplemented, or amended by the use of any other document(s) submitted by you. Any attempt by you to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with this Agreement, then this Agreement shall take precedence.
8.0 Arbitration and Waiver of Class Action
If you elect to seek arbitration or file a small claim court action, you must first send to NootroBoost by certified mail, a written Notice of your claim ("Notice"). If NootroBoost initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by NootroBoost must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If NootroBoost and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NootroBoost may commence an arbitration proceeding or file a claim in small claims court. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless NootroBoost and you agree otherwise, any arbitration hearings will take place in the state of your residence.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of NootroBoost’s last written settlement offer made before an arbitrator was selected (or if NootroBoost did not make a settlement offer before an arbitrator was selected), then NootroBoost will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
The arbitrator will be selected pursuant to the AAA Rules. YOU AND NOOTROBOOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS, INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NootroBoost agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. THE ARBITRATOR MAY NOT AWARD EITHER PARTY PUNITIVE DAMAGES. UNLESS PROHIBITED BY THE AAA RULES, THE ARBITRATOR SHALL AWARD THE PREVAILING PARTY ITS REASONABLE ATTORNEY’S FEES AND COSTS, BUT IN ANY CASE NOT TO EXCEED $5,000, WHICH FOR THE PURPOSE OF THIS AGREEMENT IS MUTUALLY AGREED TO BE THE HIGHEST LEVEL OF REASONABLE ATTORNEY FEES.