Terms of Service
Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE USE OF THIS WEB SITE. BY USEAGE OF THIS WEB SITE YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
The terms that apply to your purchase from Apple BeneFIT® by Elizabeth Garcia. By accepting delivery of the products described on Purchasers invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time at Apple BeneFIT® by Elizabeth Garcia, sole discretion.
1. All content, specifications, products and prices of products described or depicted on this Web site, www.applebenefitbyelizabethgarcia.shop (this “Web Site”), are subject to change at any time without notice. Apple BeneFIT® by Elizabeth Garcia, makes all reasonable efforts to accurately display the attributes of the products. Any product on this Web Site at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to understand and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Once an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address complies with the shipping restrictions contained on this Web Site. Once your item has been delivered to the carrier responsibility for such items passes to you. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up to date information on this Web Site regardless of whether you received assistance in the use of this website from any officer, owner, employee, subcontractor, agent, successor or assign of
3. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up to date information on this Web Site regardless of whether you received assistance in the use of this website from any officer, owner, employee, subcontractor, agent, successor or assign of Apple BeneFIT® by Elizabeth Garcia, or its affiliates. Some products on this Web Site may be unavailable, may have different attributes than those listed, or may actually have a different price than that stated on this Web Site. In addition. We reserve the right to make changes in information, price and availability without prior notice. We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the shipment of any order.
4. Other than personally identifiable information, which is subject to Apple BeneFIT® by Elizabeth Garcia, Privacy Policy, any material, information, questions, comments or other communication you transmit to this Web Site in any manner is and will be considered non-confidential and non-proprietary.
5. ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, OR HERBAL OR SUPPLEMENT. Apple BeneFIT® by Elizabeth Garcia, does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program. Apple BeneFIT® by Elizabeth Garcia, makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. You should read carefully all product packaging prior to use.
6. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site or Apple BeneFIT® by Elizabeth Garcia, will be brought only in a court of competent jurisdiction sitting in Tulsa County, Oklahoma. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. Apple BeneFIT® by Elizabeth Garcia, failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Apple BeneFIT® by Elizabeth Garcia, may assign its rights and duties under this Agreement to any party at any time without prior notice to you. Any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect.
7. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION AND PRODUCTS PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER APPLE BENEFIT BY ELIZABETH GARCIA NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER APPLE BENEFIT BY ELIZABETH GARCIA, LLC, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION AND PRODUCTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT SIDE AFFECT OR REACTION, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. PRICES SHOWN ON THE WEBSITE OF PRODUCTS ARE SUBJECT MAY BE CHANGED AT ANY TIME WITHOUT FURTHER NOTICE. PRODUCT PRICES CAN CHANGE DUE TO FACTORS SUCH AS INCREASE IN SUPPLY COSTS, ETC.
WE RESERVE THE RIGHT TO CHANGE OUR PRODUCT’S PRICES AT ANY TIME WITHOUT FURTHER NOTICE.
8. Apple BeneFIT® by Elizabeth Garcia, assumes no responsibility, and will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL Apple BeneFIT® by Elizabeth Garcia, or any of their respective owners, employees, affiliates, agents successors or assigns, nor any party involved in the creation, marketing or transmission of this website be liable to you or anyone else for ANY DAMAGES, lost profits, lost data or business interruption, arising out of the use, inability to use, or the results of use of this website. In the event any problem occurs with this website or any of its content, you agree that your sole remedy is to cease using this Web Site.
9. In the event of a problem with the products that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of the product(s) in accordance with the manufacturer’s warranty. If you seek a return and refund, please refer to this subject on the Refund Policy posted on this website.
10. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without prior notice.
11. Limitation of Liability: Any officer, owner, employee, subcontractor, agent, successor or assign of Apple Benefit by Elizabeth Garcia, or it’s affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in omissions from the website or its affiliated websites, or for any products available or not included therein, the unavailability or interruption of the website or products thereof, you or an authorized users use of the website or products, the loss or corruption of any data in connection with the website or sites.
12. You agree to indemnify and hold harmless Apple BeneFIT® by Elizabeth Garcia, its owners, affiliates, employees, successors and assigns, from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
13. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. No Client, customer or Person(s) is required to purchase recommended supplements through Apple BeneFIT® by Elizabeth Garcia. Please note there is a familial relationship between Apple BeneFIT® by Elizabeth Garcia, and BellaFIT Body Contour LLC.