TERMS & CONDITIONS / WAIVER – FREE PRODUCT SAMPLES
IN CONSIDERATION OF YOUR USE OF THIS COMPANY SITE AND/OR RECEIPT OF ANY FREE PRODUCT SAMPLE (the “Product Sample” or “Product Samples”), LESS COST OF SHIPPING & HANDLING, FROM ENERBRANDS, INC. (the “Company” or “We” or “Us”), YOU HEREBY ACKNOWLEDGE, REPRESENT, UNDERSTAND, AND AGREE TO THE TERMS & CONDITIONS / WAIVER – FREE PRODUCT SAMPLES (this “T&C / Waiver”), AS SET FORTH BELOW:
▪ Limit one (1) Product Sample per male and per female person per household with a maximum of two (2) Samples per household, and/or IP address. Registration is required to request and receive a Product Sample. Registration is only limited to persons who hold a U.S. postal mailing address within the continental U.S. We reserve the right, at our sole discretion, to refuse or revoke registration to any person without notice.
▪ To receive your free Product Sample(s), you are responsible for payment of shipping and handling cost of $_______ (“S&H”) for each Product Sample provided. If two (2) Product Samples are provided to the same household, two (2) separate S&H costs must be paid prior to shipment of Samples.
▪ You must provide Us with a valid U.S. delivery address to receive a Product Sample. You are responsible to ensure that the delivery address provided to Us is correct and accurate. Only U.S. addresses will be accepted, as delivery of Product Samples are only available for addresses within the continental U.S. We may, but are not under the obligation to, correct your postal address information with standardized postal representation to reduce the chance of misdelivery due to an incorrect or incomplete address. We are not liable for any lost or stolen Product Sample, and/or loss or misdelivery of any Product Sample as a result of your providing a wrong/invalid delivery address.
▪ Prior to the shipment of a Product Sample, a Company representative may contact you to validate your information. The Company reserves the right to refuse or cancel any Product Sample requests at our sole and absolute discretion (“Canceled Order”). S&H costs will only be refunded for a Canceled Order by Company.
▪ No returns of PRODUCT Samples will be accepted. S&H is non-refundable once it has been paid except for a Canceled Order by the Company prior to shipment.
▪ You must be eighteen (18) years of age or older to request and/or use or consume a Product Sample. You are requesting the Product Sample for your own individual use, and shall not requesting a Product Sample for the use or consumption by any other person(s).
▪ Any Product Sample provided to you is for PERSONAL USE ONLY. You may not sell or resell any Product Sample provided to you. Use the Product Sample(s) only as directed.
▪ We reserve the right to cancel any Product Sample offer(s) or promotion(s) at any time without notice. Product Samples are subject to availability and will only be provided to you if you paid the applicable S&H costs. We further reserve the right, with or without notice, to cancel, refuse, or reduce any Product Sample request that we believe, in our sole discretion, may result in the violation of this T&C / Waiver or any other policy, term, and/or condition of the Company.
▪ Product Samples must be used/consumed in strict compliance with their instructions, and in accordance with applicable federal, state, and local laws. Any unlawful use of a Product Sample is strictly prohibited.
▪ You should always consult with your healthcare professional and read information provided by the Product Sample manufacturer and any Product Sample label or packaging, prior to using any medication, nutritional, herbal, or homeopathic product or before beginning any treatment for any health issue. You should contact your physician about interactions between medications you are taking and nutritional supplements. You hereby acknowledge, agree, and represent that you have considered and understand the risks associated with the use and/or consumption of the Product Sample, which may include, but are not limited to, allergic reactions or side effects, and will not use nor consume any Product Sample without first consulting with your physician or appropriate healthcare provider.
▪ The effectiveness of any Product Sample varies from individual-to-individual. We do not warrant the accuracy of any statements made by any reviewers of any Product Sample, and accordingly we shall not be liable for any inaccuracy or misrepresentation in such reviews.
▪ YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Company, its officers shareholders, employees, agents and affiliates (hereinafter referred to as “Released Parties”) from all liability to the undersigned, his or her personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the Released Parties or otherwise resulting from the use or consumption of any Product Sample.
▪ YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the Released Parties, and each of them, from any loss, liability, damage, or cost they may incur due to your use or consumption of the Product Sample, whether caused by the negligence of the Released Parties, or otherwise.
▪ YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE TO YOURSELF AND/OR FOR ANY PERSON THAT THE YOU PROVIDE THE PRODUCT SAMPLE TO IN VIOLATION OF THIS T&C / WAIVER.
▪ You agree to obey all safety precautions as listed in writing or explained orally, to examine all ingredients of the Product Samples to ensure no personal allergies or complications. You further agree to ask for clarification when needed prior to using any Product Samples.
▪ You grant the Company an exclusive right to use any comments, information, and all intellectual property, which may arise from your receipt and/or use of the Samples, without any compensation or remuneration.
▪ You further agree that the foregoing release, waiver, and agreement set forth in this T&C / Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
▪ By requesting a Product Sample(s) from Us, you accept and agree to be bound by these T&C / Waiver, and all other terms and conditions, policies, procedures, etc., and any amendments, additions, replacements, variations and modifications thereto, which shall be final and binding in all respects. The Company reserves the right at its sole discretion to amend, replace, vary and/or modify these T&C / Waiver without notice to you.