Credit Card User Arbitration Agreement & Waiver of Class Action.
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the “Continuation” provision below), and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE AND/OR Gunpowder Group, LLC CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE. Gunpowder Group, LLC IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED TO YOU BY Gunpowder Group, LLC CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT. THE INFORMATION PRESENTED ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS IN NO WAY INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THIS INFORMATION AND THE PRODUCTS PROVIDED SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN BEFORE TAKING ANY SUPPLEMENT OR OTHER PRODUCTS OFFERED ON OR THROUGH THE WEBSITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING YOUR HEALTH OR MEDICAL CONDITION.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Gunpowder Group, LLC with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Gunpowder Group, LLC may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website and/or Gunpowder Group, LLC following posted updates constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. Gunpowder Group, LLC is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Gunpowder Group, LLC reserves the right at its sole discretion, to deny any order to anyone at any time and for any reason, whatsoever. By using this Web Site and or making a purchase, you certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
In consideration of the Products you order from Gunpowder Group, LLC, you agree to pay the sums listed below at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card. You may order Gunpowder Group, LLC at the price indicated on the website as a one time purchase (no recurring) with the option to join the Gunpowder Group, LLC monthly protection program, where you shall receive monthly shipments of Gunpowder Group, LLC and be billed the discounted price (20% off retail) using the card on file provided at the time of initial checkout.
Upon checkout, qualified customers will receive the opportunity to get Gunpowder Group, LLC shipped to them automatically at the members only discounted price. We will conveniently bill your card on file should you choose to enroll in this program. This option is presented after a successful purchase of one or more items on our website www.BedDefense.com
You must pay a shipping and handling fee of $4.95 for us to send you a 14 day trial of Bed Defense. We ship the product the day after you place your order (except that orders placed Saturday-Sunday will be shipped the following Monday). We allow up to 4 days for you to receive the trial supply. Thus, in order for you to have 10 days to try the product, we consider the end date for your trial period to be 14 days after you place your order, which is 10 days plus 4 days for processing and transit. If after your 14 Day Trial Period you wish to continue to receive Bed Defense, you will be billed the monthly membership charge. Then in approximately 30 days and continuing every 30 days thereafter (a Recurring Order), you will be shipped out a fresh new 30 day supply of Bed Defense for the low VIP price of $58.74 Per Kit with FREE shipping. For your convenience, we will bill the credit card you provided us for your initial order. If you wish to cancel membership you must call and cancel.
What you get when you Order Gunpowder Group, LLC.
You will receive one (or more depending on the quantity desired at checkout) of the Gunpowder Group, LLC Protection Unit. Most orders ship within 24 hours of ordering and is shipping within the United States via USPS First Class Mail.
B. Return and Refund Policy
If you are not satisfied with the product for any reason please contact our Customer Care Department at 855-454-5528 or email us at firstname.lastname@example.org and request a Return merchandise authorization number. Our Customer Care Department will issue an RMA number (Return Merchandise Authorization) for all unopened products as long as you are in accordance with the terms and conditions. Please read the terms and conditions applicable for your product.
All non-Introductory Product returns must be unopened and postmarked within 30 days from the date that the product was originally shipped to be eligible for a refund less processing and handling. Processing and handling fees are non-refundable and Introductory offer orders are not eligible for refunds. Refunds will not be made on any packages marked “Return to Sender” or any introductory offer products. To return a product for an exchange or refund less processing and handling, you will need to obtain a Return Merchandise Authorization (RMA) number by contacting the Customer Care Department at 855-454-5528 or email us at customer service at support@BedDefense.com and request an RMA Number. An RMA number can ONLY be obtained by contacting Customer Care and speaking to a customer care representative or emailing your request.
PLEASE NOTE: Returns will be subject to a restocking fee. A restocking fee of 20% will be deducted from any refunds processed. Free trial returns will be subject to a flat $15 restocking fee.
D. Please Note:
1. You, the customer, are responsible for return shipping and handling costs. 2. Gunpowder Group, LLC is NOT responsible for any overdraft fees or situations resulting from customers using a credit card with an insufficient balance to cover the above costs. It is the sole responsibility of the customer to ensure funds are available to cover all applicable fees and taxes.
E. The RMA number must be clearly written on the outside of the package that you are sending back.
We are not responsible for lost or stolen items. We recommend the use of some type of delivery confirmation system for all returned items to ensure proper delivery. Refunds will be issued only to the same credit card that was used in ordering the product. It generally takes about 2-3 weeks to receive a refund. Once a refund has been issued, it usually takes 3-5 business days for the credit to be posted to your account, depending on your financial institution
4. Disclaimer of Warranties.
THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN AS IS & AS AVAILABLE BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Gunpowder Group, LLC MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Gunpowder Group, LLC IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gunpowder Group, LLC OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
5. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Gunpowder Group, LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF Gunpowder Group, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Gunpowder Group, LLC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Gunpowder Group, LLC TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Gunpowder Group, LLC. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMIT ATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Gunpowder Group, LLC LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Copyright and Trademarks.
All logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Gunpowder Group, LLC. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Gunpowder Group, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
You agree to indemnify and hold Gunpowder Group, LLC, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or your violation of any rights of another individual and/or entity. 8. Third Party Websites. The Website may contain links to other websites on the Internet that are owned and operated by third parties. Gunpowder Group, LLC does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Gunpowder Group, LLC of the applicable website or any association with the website’s operators. Because Gunpowder Group, LLC has no control over such websites and resources, you agree that Gunpowder Group, LLC is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Gunpowder Group, LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
9. General Provisions.
The Agreement shall be treated as though it were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Delaware in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Gunpowder Group, LLC and governs your use of the Website. Gunpowder Group, LLC’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
11. Contact Us.
If you have any questions about the Agreement or about the practices of Gunpowder Group, LLC, please feel free to contact us at:
Gunpowder Group, LLC Product Support: 855-454-5528 or Email: email@example.com
Corporate Address: PO Box 403 Abington PA 19001