TERMS AND CONDITIONS OF SALE
THE PRODUCT, RISKS AND DISCLAIMERS Nadir Metal Rafineri (“Supplier”) supplies Life with the Financial Fitness Bullion Reserve Gram Card (the “Card”). The Supplier has certified the quality of the gold bullion in the Card. Life disclaims any and all responsibility for the accuracy of the Supplier’s quality certification and you, as buyer of the Card, assume the risk of Supplier’s certification. Reference in these Terms and Conditions of Sale to “Card” shall include all Cards which you request for purchase and/or which are sold to you.
You acknowledge, understand and hereby agree to and accept the risks and disclaimers contained herein. Buying gold bullion involves risks and is speculative in nature. The value is affected by various conditions and many economic factors. Some of these factors may include quality, current demand and general market conditions. Because gold bullion can drastically decline in value, investing in the Card involves a degree of risk that makes it unsuitable for many individuals. Life does not sell this Card as an investment and does not offer investment advice. Life expresses no opinion on the soundness of your purchase nor does it make any recommendations, projections, representations or guarantees with respect to the current or future price or value of the gold bullion contained in the Card or whether purchasing the Card is proper for you or anyone you may purchase the Card on behalf of. You are urged and are responsible to consult with your own financial advisors before making the decision to purchase a Card. You agree to assume the risk of any decrease in value of the gold bullion contained in the Card. You expressly acknowledge that Life is not liable or responsible for any risks related to you purchasing the Card or its current or future value. It is your responsibility to have adequate cash reserves and disposable income before considering purchasing the Card or other gold bullion.
You acknowledge, understand and agree that you may not be able to liquidate the Card, or the bullion in it, whether due to certain market or other conditions or otherwise, or that you may not be able to liquidate the Card, or the bullion in it, at prices acceptable to you and/or at times acceptable to you. Other than as stated in below in Right of Cancellation, you acknowledge and agree that Life has no obligation to buyback the Card, the bullion in it, or to refund your purchase price. You are responsible to determine whether or not you may be able to sell the Card, or the gold bullion in it, for cash to dealers or others at any given time, as well as the pricing and the length of time that may be needed to complete such transactions. You are responsible to determine whether or not you may expect to incur an immediate unrealized loss upon purchase of the Card and an actual loss if you sell the Card for cash soon after purchase or in the longer-term.
You represent and warrant to Life that you, either alone or together with your own investment or financial advisors, have sufficient experience and knowledge to make informed decisions to purchase the Card from Life. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales, and that Life is not making any recommendation with respect to such purchases and/or such sales.
You acknowledge and agree that Life’s Members are prohibited from furnishing you with investment or financial advice and that you have not relied on any statements, recommendations, or opinions communicated to you by a Member in violation of this policy or which contradict, vary or differ from these Terms and Conditions of Sale.
You acknowledge receipt of and that you have reviewed the US Federal Trade Commission’s Consumer Information on Investing in Gold.
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PRICING, TAXES, SHIPPING/HANDLING AND PAYMENT TERMS The price of the Card varies daily and may vary within each day. Your purchase price will be fixed by Life when your credit or debit card is charged. You will not be notified by Life before the price of an order is fixed. You are fully responsible for the payment of applicable taxes, and shipping and handling charges which will be added to the purchase price of the Card. Payment in full by credit or debit card is due when an Order Form is submitted to Life. Life will collect and remit sales tax. Upon completion of the purchase, you will receive an email from Life confirming the purchase, the price and any applicable sales taxes and shipping and handling charges (the “Sales Order Confirmation”). Although most orders are shipped within two (2) business days of purchase, in some circumstances shipment may take up to approximately thirty (30) days from payment, depending upon the manner of delivery. You are responsible to notify Life in writing within 24 hours of receipt of the Sales Order Confirmation and/or physical delivery of the Card of any errors in your order or shipment and, if applicable, any errors in the confirmation of Gold Accumulation program enrollment specified on the Sales Order Confirmation. All shipments require a signed acknowledgment of receipt before the shipment will be released upon delivery.
CREDIT OR DEBIT CARD CHARGE AUTHORIZATION You authorize Life to charge your credit or debit card for all amounts payable to Life herein. You are responsible to make payment in full to Life in the event that charges to your credit or debit cards are declined. If you are enrolled in the Gold Accumulation program, you agree that the recurring charges specified herein will be charged to your credit or debit card and that in order to cancel the recurring charge process, you are required to notify Life as specified herein in Gold Accumulation Program. You agree that you will not dispute any charges with your credit or debit card issuer or financial institution without first making a good faith effort to remedy the situation directly with Life. You guarantee and warrant that you are the legal owner of the credit or debit card and that you are legally authorized to enter into this charge authorization agreement and, if applicable, recurring charge authorization agreement with Life.
ACCEPTANCE, REJECTION OR CANCELLATION BY LIFE Life reserves the right to accept, reject or cancel this Order (including any present or future Gold Accumulation program order, if applicable) in whole or in part, in its discretion, at any time prior to delivery of the Card to you, without any liability and responsibility for damages to you or other recourse by you, including in the event of any change in the value or price of the Card between your submission of the Order Form to Life, or Life’s decision to reject or cancel your order, in whole or in part, or otherwise. All Terms and Conditions of Sale, including your obligations hereunder, shall survive any rejection or cancellation of the Order, whether in whole or in part, whether or not expressly stated in these Terms and Conditions of Sale as surviving rejection or cancellation of the Order.
YOUR RIGHT OF CANCELLATION You may cancel the purchase of the Card within thirty (30) calendar days of the date of purchase specified on the Sales Order Confirmation (the “Cancellation Period”). Your purchase is final and non-refundable upon expiration of the Cancellation Period or your failure to cancel as specified herein. In order to cancel, you must, before expiration of the Cancellation Period, (1) notify Life at support@financialfitnessinfo.com of your cancellation, including reference to your order number listed on the Sales Order Confirmation, and request a return material authorization (“RMA”) which Life will provide you via email; (2) deposit with the postal or other delivery service, for delivery to Life at the street address listed in Notifications your package containing the Card, a copy of your Sales Order Confirmation, and Life’s RMA email; and (3) comply with all additional terms and conditions applicable to cancellations specified herein. Return shipping and handling charges will be paid by Life if you cancel within seven (7) calendar days of purchase, and otherwise return shipping and handling charges must be fully prepaid by you. The risk of loss in shipping the returned Card shall be on you. If the returned Card is not received, it is your responsibility to trace the shipment. The Card must be in substantially as good condition as when purchased by you. If you fail to cancel within the Cancellation Period, or fail to return the Card(s) in the condition required, or fail to comply with all additional terms and conditions applicable to cancellations, no refund will be provided. If you cancel as specified herein, any payment made by you for the purchase price of the returned Card, less an administrative fee equal to ten (10%) percent of the purchase price you paid for the Card, plus any sales tax and shipping and handling charges you paid to Life will be returned to you within ten (10) business days following Life’s receipt, inspection and acceptance of the returned Card. In the event Life adopts a market loss policy applicable to future purchases, customers will bear the risk of any loss in the value of a Card between purchase and Life’s receipt of a returned Card, and refunds will be adjusted accordingly. Any increase in the value of the gold bullion contained in the Card between the date of your purchase and the date of return to Life shall remain with Life. All Terms and Conditions of Sale shall survive any permitted cancellation of the Order, whether or not expressly stated in these Terms and Conditions of Sale as surviving cancellation of the Order. Cancellation of the purchase of the Card does not result in cancellation of enrollment in the Gold Accumulation program, unless you include written notice of cancellation of Gold Accumulation program enrollment in your email to Life requesting an RMA and otherwise comply with the requirements for cancellation of Gold Accumulation program enrollment stated herein. GOLD ACCUMULATION PROGRAM If you have enrolled in the Gold Accumulation program, you agree to purchase each month the Card in the quantity you have
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specified on the Order Form, on or about the same day of each month as your original purchase or on such other day of each month as Life may determine without prior notice to you, unless and until you access your account via the Life website and edit or cancel your enrollment, or notify Life in writing that you wish to purchase a different quantity monthly or cancel enrollment in the Gold Accumulation program. Your purchase price for each month’s purchase will be fixed by Life when your credit or debit card is charged each month. The purchase price you pay for the Card, as well as any applicable sales or use tax, shipping and handling charges, may differ from month to month. You will not be notified by Life before you are charged for each monthly purchase. You authorize Life to charge your credit or debit card for each monthly purchase. To be effective, any written notification of change in quantity of monthly Card purchases or cancellation of enrollment in the Gold Accumulation program must be emailed to Life at support@financialfitnessinfo.com no less than three (3) business days before the date of your next scheduled Gold Accumulation program purchase and acknowledged by Life in a responsive email, or, if you are making the change via your Life account, it must be made no later than the day before the scheduled processing date. You are responsible to determine your next scheduled Gold Accumulation program purchase and to notify Life in the time and manner specified herein. Your enrollment in the Gold Accumulation program will be confirmed on your Sales Order Confirmation. Life reserves the right to discontinue your Gold Accumulation program enrollment at any time without prior notice and without any liability and responsibility for damages to you or other recourse by you.
INDEMNIFICATION AND RELEASE You agree to indemnify and hold harmless Life and its affiliates, subsidiaries, parent companies, directors, officers, and owners from and against any and all costs, damages, expenses, liabilities, and obligations, including, without limitation, reasonable attorneys' fees that Life and/or you may incur as a result of, or in connection with any breach of any representation, warranty or agreement made herein by you to Life, or your failure to comply with these terms and conditions. You hereby agree to release the Life and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, contingent or fixed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or the Card.
DEFAULT; RIGHTS AND REMEDIES In the event of any failure by you to comply with these terms and conditions and/or your obligation to make payment to Life, or return the Card per the Right of Cancellation terms to Life, you will be liable for any and all losses and damages incurred by Life, including but not limited to market losses incurred by Life and administrative fees, for accepting your order. You hereby expressly authorize Life to charge your credit or debit card for all such amounts. In addition, upon any failure by you to comply with your obligations to Life, Life shall have all of the rights and the remedies available to Life, whether at law, in equity, or otherwise, including without limitation, rights and remedies under these Terms and Conditions of Sale. Without limiting or waving any of such rights and/or remedies, Life may turn your account over to a collection agency or attorney for collection. No delay or failure on the part of Life in exercising any right or any remedy shall operate as a waiver of such right or such remedy, and any partial exercise of any right or any remedy shall not preclude or constitute a waiver of further exercise of that right or that remedy, or the exercise of any other right or any other remedy. Further, and in addition to the other rights and remedies available to Life, in the event of any failure by you to comply with these terms and conditions, Life may, without limiting its other rights and/or its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under these Terms and Conditions of Sale. In addition, and without limiting any other rights and/or any other remedies available to Life, Life may apply any of your funds in its possession to pay your monetary obligations to Life, and may offset any monetary obligations that Life has to you against your monetary obligations to Life.
COSTS AND EXPENSES OF COLLECTION In the event that Life must take any action against you to enforce your obligations under these terms and conditions, including, without limitation, turning your account over to a collection agency or attorney for collection, you shall pay all of the costs and the expenses incurred by Life, including, without limitation, reasonable attorneys' fees, in connection with such action.
LIMITATION OF LIABILITY You are subject to the Disclaimers herein, and the limitations of liability and other policies adopted by Life, all as set forth herein. In the event that, notwithstanding such limitations of liability and Disclaimers, Life is determined to be liable to you in connection with any transaction between Life and you, your exclusive remedy and Life’s entire liability, if any, for any claims arising out of such transaction shall be limited to the greater of one of the following: (1) the amount, if any, that you paid Life in the transaction; or (2) $100. IN NO EVENT SHALL LIFE OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY(IES), DIRECTORS, OFFICERS, OR MANAGERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF VALUE, LOSS OF PROFITS, LOSS OF OPPORTUNITY, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
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OUT OF OR IN CONNECTION WITH ANY TRANSACTION BETWEEN LIFE AND YOU (EXCEPT AS EXPRESSLY SET FORTH HEREIN).
FORCE MAJEURE If Life cannot perform any of its obligations hereunder as a result of any event that is beyond its control, including any lack of Cards for sale to you, Life's delay or failure to perform such obligation shall be excused and Life shall not be liable to you, for damages or otherwise, as a result of, or in connection with, such delay or such failure.
REQUESTS FOR ADDITIONAL INFORMATION You hereby agree to, and shall, execute and deliver such other documents, provide additional information, and take such other actions as may be reasonably requested by Life to carry out these Terms and Conditions of Sale.
ARBITRATION You agree to resolve and settle any grievance, complaint or dispute among you and Life and/or Life Members arising from or related to the Card and the bullion contained therein through binding arbitration in Wake County, North Carolina, before a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules (“Rules”), and knowledgeably and intentionally waive any right to a jury trial and/or court adjudication. The Rules are available on AAA’s website at www.adr.org. The parties shall select one arbitrator pursuant to AAA procedures for the appointment of arbitrators. The decision of the Arbitrator shall be final and binding on the parties, and judgment on the award of the Arbitrator may be entered in a court having jurisdiction as specified in Governing Law, Jurisdiction and Venue. This agreement to arbitrate shall survive cancellation of the Order. The fees and costs assessed by the AAA, the fees and expenses of the Arbitrator, and any expenses associated with the hearing location shall be equally shared by the parties. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The parties and the Arbitrator shall maintain the confidentiality of the entire arbitration process, including the substance of, or basis for, the grievance, complaint or dispute, testimony or other evidence, and the terms of any arbitration award or settlement, except that nothing herein shall prohibit disclosure in a manner which prohibits a party from, in good faith, investigating a claim or defense, or disclosure in a civil action to enforce these arbitration provisions or any arbitration award or settlement.
LIMITATION OF ACTIONS AND DEMAND FOR ARBITRATION You agree that a demand for arbitration must be made within one (1) year of the date of your certification printed on the first page of this Order or the grievance, complaint or dispute, and any liability and damages arising therefrom, shall be forever barred. You agree not to assert any claim or demand, including any demand for arbitration, which is time-barred hereunder.
GOVERNING LAW FOR ARBITRATION, JURISDICTION AND VENUE The United States Arbitration Act (also known as the Federal Arbitration Act) shall govern all matters relating to arbitration. The law of the State of North Carolina, without giving effect to conflicts of law rules, shall govern all other matters relating to or arising from these terms and conditions. Actions to enter judgment on the arbitration award and/or to enforce the arbitration award shall be brought exclusively in the United States District Court for the Eastern District of North Carolina or in the North Carolina state court in Wake County, North Carolina. You expressly consent to submit to the personal jurisdiction of the United States District Court for the Eastern District of North Carolina and to the North Carolina state court in Wake County, North Carolina, and waive any right to contest the assertion of personal jurisdiction over you in these courts. You waive any objection that such courts do not provide a convenient forum.
CHOICE OF LAW These Terms and Conditions of Sale shall be governed by, and interpreted in accordance with, the laws of the State of North Carolina, without regard to conflict of laws principles.
ABSENCE OF RELATIONSHIP The sole relationship between Life and you relative to the purchase and sale of the Card is a seller-purchaser relationship. The sale and purchase of the Card does not establish any other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Life and you.
ASSIGNMENT You may not assign these terms and conditions or any of your rights or your obligations hereunder without the prior written consent of Life, which may be granted or withheld by Life in its sole discretion. These Terms and Conditions of Sale shall be binding on all Life, you and the permitted successors and assigns of Life and you, and shall not confer any rights or remedies upon any other persons.
AMENDMENT
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Life reserves the right to amend, modify or supersede these terms and conditions any anytime without advance notice to you.
INTERNATIONAL USE Life makes to no representation that the Card is available for sale in locations outside the United States or Canada. The Card is subject to all United States export laws. The Card may not be exported or re-exported into, or sold to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, the Card may not be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
SEVERABILITY If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, Life and you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Sale remain in full force and effect.
NOTIFICATIONS All notices to Life must be in writing and will be deemed to have been duly given to Life, at the applicable address listed below, as of the date and time Life acknowledges receipt in writing to you. All notification to Life must be by email except for return shipments.
Notifications to Life by email shall be addressed to: support@financialfitnessinfo.com
Returns to Life shall be addressed to:
Financial Fitness
Attn: Financial Fitness Support – Returns
200 Commonwealth Ct. Cary, NC 27511
Life may furnish notifications to you by phone or at your street or email address listed on the Order Form or at such other address that you may give to Life by written notice as specified above. Written notifications by Life shall be deemed to have been given to you when written notice is addressed to your street address listed on the Order Form and deposited into the U.S. Mail, postage prepaid, or when sent by Life to your email address listed on the Order Form, or to such other address that you may give to Life by written notice as specified above.
ENTIRE AGREEMENT These Terms and Conditions of Sale constitute the entire agreement between Life and you with respect to its subject matter and supersedes any prior or contemporaneous agreements, understandings, representations, discussions, marketing materials or other undertakings related to its subject matter.