Last Updated: August 8, 2013
PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES, PRODUCTS OR SERVICES.
BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THEN YOU CANNOT USE THE SITES, PRODUCTS OR SERVICES.
You and Raspberry Ketone Fresh agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of Raspberry Ketone Fresh's products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Raspberry Ketone Fresh further 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. You and Raspberry Ketone Fresh further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
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. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Raspberry Ketone Fresh will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Raspberry Ketone Fresh in writing and provided a copy of the arbitration proceedings. However, if Raspberry Ketone Fresh is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Raspberry Ketone Fresh. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
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 Raspberry Ketone Fresh and may not preside over any kind of representative or class proceeding against Raspberry Ketone Fresh. 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 CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
TERMS & CONDITIONS
This Agreement is by and between Raspberry Ketone Fresh and/or its affiliates, subsidiaries, and related companies (collectively, the “Company”) and the user of the Company’s Sites, Products or Services ("you" or "Customer") and it sets forth the terms and conditions which apply to the use by you of the Sites, Products or Services (as defined below). The right to use the Sites, Products or Services offered by Company is personal to you and is not transferable to any other person or entity. Company reserves the right to make changes to the Company sites, policies, and these Terms at any time without notice.
NOTICE: FLORIDA AND UTAH RESIDENTS — PLEASE NOTE THAT IF YOU ARE A FLORIDA OR UTAH RESIDENT, YOU MAY NOT PURCHASE THIS PRODUCT.
1. Use of the Company Sites.
- a. Use of the Sites, Products or Services is subject to this Agreement, as revised.
- b. “Sites” means www.raspberryketonefresh.com and any other websites owned by the Company.
- c. “Products” means any herbal, dietary or any other form of supplement, or, other product purchased from the Company.
- d. “Services” means the information and other services provided on the Sites.
- e. Limitations on use:
- (a) You agree to use the Sites, Products or Services only for lawful purposes and for their intended purposes.
- (b) The content available on the Sites, Products or Services is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Sites, Products or Services. You may not use any network monitoring or discovery software to determine the Sites, Products or Services architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Sites, Products or Services without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Services, except to the extent permitted above.
- (c) You may not use or otherwise export or re-export the Services or any portion thereof, or any software available on or through the Services in violation of the export control laws and regulations of the United States of America.
- (d) You may not employ, post, or share any language or content that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, false, libelous, slanderous or otherwise objectionable or in violation of applicable laws and regulations.
- (e) You may not upload, distribute or print anything that may be harmful to minors or otherwise violates applicable criminal law.
- (f) You may not take any action or post, upload or distribute any content that violates, misappropriates or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.
- (g) You may not distribute content that contains advertising, publicity or solicitation for a product or services that did not receive prior written approval from Company.
- (h) You may not use the Sites, Products or Services to collect any personally identifiable information, including profile names, email addresses or other such information for commercial purposes or for any purpose prohibited by applicable laws or regulations.
- (i) You may not use the Sites, Products or Services in any jurisdiction that does not give effect to all provisions of this Agreement.
- (j) You may not use the Sites, Products or Services in any manner that could damage, disable, overburden or impair the Sites, Products or Services or any server or other hardware associated with the Sites, Products or Services; disobey any requirements, procedures, policies, procedures or regulations of networks connected to the Services; interfere with any other party’s use and enjoyment of the Sites, Products or Services; frame or utilize framing techniques to display content from a source other than the Sites, Products or Services; use any Company-owned mark or product name as a meta-tag or other ‘hidden text’ for search engines in a manner that does not inure to the benefit of Company.
- f. Third Party Links. The Sites contain links to other Web sites, resources and advertisers (the “Third Party Services”). Company is not responsible for the availability of the Third Party Services nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through the Third Party Services. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on the Third Party Services. You should direct any concerns to such external site's administrator or webmaster.
2. Disclaimer of Warranty; Limitation of Liability
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company sites, nor for any offensive, defamatory or obscene posting made by any Customer. Under no circumstances shall Company be liable for any loss or damage caused by information obtained through the content on the Sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
You agree to defend, indemnify and hold harmless Company and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Sites, Products or Services.
Our standard ground shipping takes approximately 2 to 3 business days within the continental United States, United Kingdom, Canada, Australia, France and Germany. If you have not received your order within 14 days from your purchase date, please contact our customer care to request a reshipment of your order. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and handling charge equal to your original order. To check the status of your order, update your mailing address or request reshipment because you never received your product, Call 1-888-800-1183 to Manage your Order
5. Resales and Distribution.
You may not resell any product on eBay, Amazon, or any other auction website or online marketplace. Prices do not include any foreign or domestic governmental taxes or charges of any kind that may be applicable to the sale of these products.
6. Cancellation Policy.
Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so that your order is immediately sent to processing and then shipping. Due to the high volume of orders we receive, we are unable to cancel an order after it is submitted. Please review your order carefully before placing the order.
7. 30 Day Return 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. If you purchased your merchandise through a "Buy Three, Get Two Free" or similar offer, ALL items must be returned in order to receive a refund. If you return a partial amount of merchandise, you will forfeit the free product and receive a refund on the discount price per item based on the total purchase. Your complete satisfaction is our ultimate goal. You may return any item shipped by Company, subject to the following conditions:
- You should return the item to us within 30 days of your purchase date.
- We do not accept items back that have been opened or used. Opened Items are Non Refundable.
- Shipping and Handling Fees are Non Refundable.
To request a refund you must obtain an RMA (Return Authorization). Requests must be made by calling 1-888-800-1183 and submitted with your order information and explanation of why you wish to return the product. If you return your product without a RMA number you will not be refunded. For returns via mail, you are responsible for the cost of return shipping, and we must physically receive the undamaged item within the 30 day period. Company reserves 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 will be issued within 30 days.
*Please note that all refunds are subject to a Refund Processing and Restocking Fee as follows: $6 Per item (e.g. 1 bottle return = $6 Fee. 2 bottle return = $12 Fee).
Call 1-888-800-1183 for RMA Request
Returns addressed to:
Raspberry Ketone Fresh
Attn: Fulfillment Center
RMA # (initial Order #)
14603 East Moncrieff Place #100
Aurora, CO, 80011, United States
Raspberry Ketone Fresh
Attn: Fulfillment Center
RMA # (initial Order #)
PO Box 13587
Linlithgow, West Lothian, EH49 9AT, UK
Raspberry Ketone Fresh
Attn: Fulfillment Center
RMA # (initial Order #)
64 Bakersfield St
Toronto, Ontario, M3j 2w7, Canada
8. 14 Day and 10 day Trial Terms:
Prices for shipping and merchandise vary by product. Please see specific details in the terms located on the individual product pages. By ordering a trial you will be sent a 30 day supply of the product and charged only for shipping ($1.95 - $9.95 depending on product). If you feel the product is not for you, cancel within 14 days from the order date if you purchased a 14 day trial, or within 10 days if you purchased a 10 day trial, to avoid the full purchase price ($49.95 - $169.99 depending on product) and enrollment in the auto-shipment program which sends you a month supply every 30 days and charges the same purchase price (shipping is free for all auto-ship orders). To cancel anytime simply call 1-888-800-1183 to receive an RMA and return any unused portion to us within 30 days. Any charges will appear as Raspberry Ketone Fresh on your credit card statement.
9. Purchase Terms (i.e. Non-trial terms):
Prices for shipping and merchandise vary by product. Please see specific details in the terms located on the individual product pages. Your order will be processed and shipped within 2 business days via first class mail (shipping and handling is free). If the terms on the specific product page do not specify an auto-subscription membership then you will be charged only one time for the product you selected. Otherwise, by ordering today you'll receive a new 1 month supply of the product purchased each month after your initial supply from today's order is exhausted. For example, if you order a 3 month supply today you will receive 3 bottles within a few days, and then automatically receive 1 bottle on month 4, and 1 bottle every 30 days thereafter. Future shipments will conveniently be charged at the same discount rate you received today (which is $48 for 1 bottle) to the card you provide today unless you call to cancel. To cancel anytime simply call 1-888-800-1183. Any charges will appear as Raspberry Ketone Fresh on your credit card statement.
10. Digital Millennium Copyright Act (DMCA)
- 10.1 DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Website, please notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Specific identification of the copyrighted work that you claim has been infringed;
- Specific identification of the material that is claimed to be infringing and where it is located on the Website;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- 10.2 DMCA Agent. The above information must be submitted to the following DMCA Agent:
- Name: DMCA Agent
11.0 Intellectual Property Rights.
Company Rights. Company shall retain ownership in and to the Services, Products or Sites and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Services, Products or Sites. You further acknowledge and agree that nothing in this Agreement and no use of the Services, Products or Sites shall cause to vest or be construed to vest in you, any right, title or interest in or to the Services, Products or Sites other than the express right to use the Services, Products or Sites solely in accordance with the terms and conditions of this Agreement.
- 12.1 Third-Party Rights. The provisions of these Terms of Service are for the benefit of Company and any of its third party providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her or its own behalf.
- 12.2 Governing Law. This Agreement is governed by the laws of the State of California, U.S.A., without regard to the conflicts of laws principles thereof.
- 12.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes any and all other prior written or oral agreements between Company and you regarding such subject matter.
- 12.4 Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective in that jurisdiction and the remaining provisions of this Agreement shall continue in full force and effect.
- 12.5 No Construction Against Drafter. The terms of this Agreement shall not be construed against Company by virtue of its having drafted them.
- 12.6 Survival. In the event of the termination of this Agreement, any obligation of yours which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Company’s rights under this Agreement shall survive any termination of this Agreement.
- 12.7 No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
- 12.8 Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- 12.9 No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Company’s prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Company may assign its respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.
Statements made by Company have not been evaluated by the U.S. Food and Drug Administration (the “FDA”). The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The information presented on the Sites is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual is assuming the risk of analyzing medical advice, and acting upon such analysis, without consulting the opinion of a qualified medical professional.
No responsibility is assumed by the Company of any information that is used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the Products mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous studies required before a particular product can be deemed truly beneficial, potentially dangerous, or prescribed in the treatment of any condition or disease.
HERBAL SAFTEY GUIDELINES
Before using an herb you are unfamiliar with, find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert. If you are taking prescription drugs, or have a medical condition check with an appropriately qualified practitioner before using herbs medicinally. There is overwhelming evidence that herbs may be beneficial, however, just because a small amount works well does NOT mean that a larger amount is better or safe. As individuals, we all have different constitutions, sensitivities, allergic reactions and possible health conditions.
The following are merely guidelines. They include herbs offered on our websites. This list does not help with administering information on possible interactions and contraindications with prescription medicine. This needs to be discussed with your physician.
Should I check with my doctor or healthcare provider before using a supplement?
Yes- This is a great idea, especially for certain population groups. Dietary supplements may not be risk-free under certain circumstances. While vitamin and mineral supplements are widely used and generally considered safe, you may wish to check with your doctor or pharmacist before taking these or any other dietary supplements.
If you are pregnant, nursing a baby, or have a chronic medical condition, such as, diabetes, hypertension or heart disease, be sure to consult your doctor or pharmacist before purchasing or taking any supplement. If you plan to use a dietary supplement in place of drugs or in combination with any drug, tell your health care provider first. Many supplements contain active ingredients that have strong biological effects and their safety is not always assured in all users. If you have certain health conditions and take these products, you may be placing yourself at risk.
Some supplements may interact with prescription and over-the-counter medicines.
Taking a combination of supplements or using these products together with medications (whether prescription or OTC drugs) could produce adverse effects. Be alert to advisories about these products, whether taken alone or in combination. For example: Coumadin (a prescription medicine), ginkgo biloba (an herbal supplement), aspirin (an OTC drug) and vitamin E (a vitamin supplement) can each thin the blood, and taking any of these products together can increase the potential for internal bleeding.
Some supplements can have unwanted effects during surgery.
It is important to fully inform your doctor about the vitamins, minerals, herbals or any other supplements you are taking, especially before surgery. You may be asked to stop taking these products at least 2-3 weeks ahead of the procedure to avoid potentially dangerous supplement/drug interactions -- such as changes in heart rate, blood pressure and increased bleeding - that could adversely affect the outcome of your surgery and/or cause other complications.
In an effort to assist customers, below is a list of conditions and herbs that are known to cause certain complications. The list is not intended to be comprehensive or used in place of consultation with your doctor or other medical professional prior to use of any herbs.
The following herbs are subject to the following restrictions:
Not to be used during pregnancy, or if you are nursing:
Alkanet, Aloe, Angelica, Anise, Anise Star, Arnica, Ashwaganda, Barley Grass, Barberry, Basil, Bitter Melon, Black Cohosh, Bladderwrack, Blessed Thistle, Blood Root, Blue Cohosh, Blue Flag, Blue Vervain, Borage, Buckthorn, California Poppy, Cascara Sagrada, Catnip, Celandine, Celery, Chervil, Cinnamon, Club Moss, Comfrey, Coltsfoot, Cubeb, Dong Quai, Elecampane, Ephedra, False Unicorn, Fenugreek, Feverfew, Ginger, Golden Seal, Gravel, Guarana, Gymnema, Horehound, Horsetail, Hyssop, Juniper, Lemongrass, Licorice, Lobelia, Lovage, Lungwort, Mace, Motherwort, Mugwort, Muira Puama, Myrrh, Neem, Oregon Grape, Osha, Parsley, Pennyroyal, Pleurisy, Prickly Ash, Red Clover, Rhodiola, Rosemary, Rue, Sage, Sassafras, Sarsaparilla, Senna, Shepherds Purse, Spikenard, Turkey Rhubarb, Turmeric, Uva Ursi, Vitex, Watercress, White Sage, Wormwood, Yarrow
Not for persons with history of kidney stones, liver disorders, renal dysfunction or inflammation:
Cubeb, Essiac, Horsetail, Hydrangea, Juniper Berries, Kava Kava, Parsley Root, Pennyroyal, Sheep Sorrel, Shepherds Purse, Suma, Sumac, Uva Ursi, Yellowdock, Yohimbe
Not for persons currently taking blood thinning medications:
Alfalfa, Angelica, Cramp Bark, Cubeb, Dong Quai, Ginkgo, Meadowsweet, Red Clover, Sarsaparilla, Yohimbe
Not for persons with stomach inflammation/ulcers serious digestion and/or liver problems:
Black Haw, Blue Flag, Chaparral, Club Moss, Crampbark, Devils Claw, Eucalyptus, Elecampane, Essiac, Gentian, Ginger, Licorice, Lobelia, Parsley Root, Pleurisy, Pygeum, Solomans Seal, Tribulus, Turmeric, Yohimbe
Not for long-term use:
Bilberry Leaf, Black Walnut, Blessed thistle, Borage, Cascara Sagrada, Comfrey, Coltsfoot, Chaparral, Elecampane, Ephedra, Flax, Horsetail, Gentian, Goldenseal, Guarana, Juniper berries, Licorice, Lobelia, Lungwort, Mullein, Nettle Root, Rhubarb, Sage, Sassafras, Sarsaparilla, Senna, Sheep Sorrel, Wild Cherry, Wormwood, Uva Ursi, Yohimbe
Not to be used unless under the supervision of an expert qualified in the appropriate use of this substance:
Calamus, Horse Chestnut, Lobelia, Licorice, Mandrake, Poke, Tonka
Do not use if you have abdominal pain or diarrhea, discontinue if these occur. Consult health practitioner prior to use if pregnant, nursing, and taking medication or have a medical condition. Do not exceed recommended dose. Not for long term use:
Aloe, Buckthorn, Cascara Sagrada, Senna, Turkey Rhubarb, Yohimbe
May cause photo toxicity in some individuals at high dosage. Also, avoid long exposure to sun if using internally:
Angelica, Celery Seed, Orange Peel, Rue, St. Johns Wort
Seek advice from health practitioner prior to use if pregnant, nursing, have high blood pressure, heart or thyroid disease, diabetes, difficulty in urination due to prostate enlargement, or if taking mao inhibitor or other prescription drug. Reduce/discontinue use if nervousness, tremor, sleeplessness, loss of appetite or nausea occur. Do not exceed recommended dose. Keep out of reach of children:
Ephedra, st. Johns wort, yohimbe
Seek advice from a health practitioner before use if you have/may have had kidney or liver disease. Discontinue use if nausea, fever, fatigue or jaundice (dark urine, yellow discoloration of eyes) should occur:
Statements made by Company have not been evaluated by the food and drug administration. The FDA Does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.