Empower Pads
 

Terms Of Service & Cancellation Policy 

Notice -- Read This

WHEN YOU CLICK THE  ORDER BUTTON AT THE BOTTOM OF THE ORDER PAGE, YOU THE BUYER, ARE CLAIMING THAT YOU HAVE READ, FULLY UNDERSTAND AND FULLY ACCEPT THE TERMS OF THIS PURCHASE AGREEMENT, REFUND AND CANCELLATION POLICY.

ORDER WITH CONFIDENCE!

Dear Valued Customer--

We encourage you to read the following Purchase Agreement because its provisions may impact on you. The legalese of this agreement is presented below. Enjoy the read and congratulations on your choice. We wish you every success!

Sincerely
Bionoble Research, LLC

THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.

YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL Empower TO YOU, AND YOUR ORDER FOR Empower WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this agreement are Bionoble Research, LLC, Inc., the owners of Empower Products, the www.empowerpads.com website and/or its owners, agents, servants and/or employees, (Hereafter referred to as "SELLER,") and you, the prospective purchaser, (Hereafter referred to as "BUYER"). Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of Empower, where Empower is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".

SUBJECT MATTER OF THIS PURCHASE AGREEMENT

The subject matter of this agreement is Empower as described in promotional or sales materials on www.empowerpads.com and/or in an email message that referencedwww.empowerpads.com, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the Empower product, that is the subject matter of this Purchase Agreement. The Empower product may be termed 'product' throughout this agreement but the word 'product' shall mean the Empower product that is offered for sale as described in sales or promotional materials.

REFUND POLICY

Empower is provided with a 100% satisfaction guarantee. Buyer has 60 days from the date of purchase to return the product for a complete refund. Buyer must first contact Seller and request and receive a return merchandise authorization code (RMA). If Buyer receives and subsequently decides to return the Empower product to Seller, Buyer must then place the RMA on the package and mail the product to Seller. Once the product is returned to Seller as set forth herein, if Buyer is entitled to a refund, Seller will issue a refund to Buyer within 30 days from the date of Seller’s receipt of the returned product.

In all cases, the burden is on the Buyer to ship the product to the seller. All product returns will be processed when the product is received at the shipping address included with the product. The refund will be issued to the Buyer who was financially responsible for completing the original purchase of Empower through the original method of payment that the Buyer used to complete the initial purchase of Empower.

Giving the Buyer a refund in accordance with the terms and restrictions that are set forth herein is the full and complete liability that the Seller of Empower has to the Buyer. Buyer acknowledges the length of the refund period as set forth herein is reasonable and further agrees to try the Empower product during the initial 60 day period following receipt of the Empower product as a material consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a determination during the initial 60 day period if the product is as described and to decide whether the Buyer wishes to keep the product. 


FURTHER DESCRIPTION OF Empower

Buyer warrants an understanding that the Buyer has no license, permission or right to duplicate the Empower product in any form or to sell it, distribute it or redistribute it, whether for profit or not for profit, to any person or entity for any reason.

RIGHTS AND OBLIGATIONS OF THE BUYER

The Buyer must pay the full consideration for the Empower product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties. However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred to Buyer by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he or she retains all rights to directly restrict communication or solicitation from any party, including the Seller.

The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic or other means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.

The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an email related to Empower or other products and which will be able to determine if you retain the right and desire to receive shipments of the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller's computer and thereby transmit and receive information.

Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties and/or VAT taxes are collected at the point of sale by the Seller, the Buyer remains entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to Buyer’s instructions. If, for any reason, it should happen that the Seller's courier or freight account is charged for custom duties and/or VAT taxes, instead of the Buyer paying the referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer's credit card for said charges or for the return of goods if they are refused at the point of destination.

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, is of legal age to enter into contractual agreements in the state in which he or she is present when he or she completes any purchase of Empower and is the true and authorized owner of the credit card used to complete any purchases of So. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages to Bionoble Research, LLC, Inc. in an amount the equivalent of US $10,000 dollars per each individual fraudulent transaction, plus actual damages, and Buyer further agrees that all information collected by Bionoble Research, LLC whether through the www.empowerpads.com website or by other means may be used for prosecution purposes and may be turned over to law enforcement agencies, credit card companies and merchant service providers.

If the true and/or authorized owner of the credit card attempts to perpetrate or actually perpetrates a fraud upon the Seller, then he or she hereby authorizes each and every credit card company and merchant service provider to disclose to the Seller all information that could be construed as proof of fraud, including proof of credit card fraud.

Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit and personal information pertaining to the Buyer from any source, including credit reporting agencies, and Buyer also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to others, including, but not limited to, credit reporting agencies, credit card companies, merchant service providers, and/or law enforcement agencies.

Buyer agrees that if he/she uses trickery or deceit to receive more than one refund, or if he/she causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees that, in addition to paying actual damages to Seller, Buyer will pay Seller liquidated damages in an amount equivalent to US$10,000 for each and every separate fraudulent transaction committed by Buyer against Seller and/or Sellers agents, servants, employees and affiliates or others to the detriment of Seller or Seller’s reputation.

GUARANTEE AND WARRANTY

The Empower product is sold 'as is' and without any warranty or guarantee of any kind, whether express or implied. The Empower product is being sold to Buyer with no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing to Buyer in terms of the Empower product. There is no 'warranty period'. There is only a refund period as described herein.

However, without waiving any rights and defenses as described herein, in the event that the Empower product is deemed to be allegedly defective in the sole opinion and discretion of Seller, then the sole and exclusive remedy available to Buyer is to accept a replacement of the Empower product or accept a credit toward the purchase of another product, if any, that may be offered by the Seller from time to time at Seller’s sole discretion. The period of time within which the Buyer must submit a report by email detailing in what way the Empower product is defective and requesting that a replacement product be shipped or requesting a refund is 60 days from the date of the initial placement of the order that resulted in the receipt of the allegedly defective product. During this initial 60 day period, the Buyer may request and will receive a refund for any reason. During this initial 60 day period, Buyer may request a replacement product in lieu of a refund which request may be granted by Seller, but Seller is and will continue to be under no obligation to do anything other than offer a refund to Buyer in the amount of the initial product purchase price.

If the sales or promotional material conflict with this "as is" warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.

ASSUMPTION OF RISK

Buyer agrees to accept all risks associated with the purchase or use of Empower, including but not limited to, ingestion of or application to Buyer's person, the use of the Empower product personally or in business, all taxes and regulations that are or may be applicable to the purchase of Empower by Buyer, all legal compliance issues related to the product. Buyer warrants a complete and thorough understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from the purchase and/or use of Empower. Buyer agrees, as part of the consideration that is required to purchase Empower to carefully review and test this product during the refund period and to immediately and properly request a refund if the product is not deemed satisfactory to Buyer.

LIMITATION OF LIABILITY AND DISCLAIMER

Buyer warrants an understanding, as required consideration, that the Seller of Empower disclaims all liability for the product or damages resulting from the use of Empower for any reason. Buyer alone accepts full responsibility for allowing others to use Empower. Buyer understands, acknowledges, agrees to and accepts that Seller disclaims any and all liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer and/or others.

Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase and/or use of Empower or from subsequent contact with Seller or Third Parties.

Buyer expressly agrees that no matter what may happen because of his/her purchase and/or use of Empower, no matter what damage may be allegedly or actually caused by the purchase and/or use of Empower, or no matter the harm or damage that may result directly or indirectly from the purchase and/or use of Empower, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be an amount no greater than the purchase price of the product.

Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, Seller disclaims liability for Buyer's interactions with advertisers on the Empower website or other websites. Seller disclaims liability for any of Buyer's interaction with other visitors or other members of the Empower website, if any.

LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT

Buyer agrees that the Seller's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT

Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.

LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND

Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.

LIMITATION ON THE LIABILITY LIMITATION

Buyer understands that some states do not allow limitation of liability.

SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

If claims about results from using Empower were made and considered by Buyer, Buyer understands and acknowledges that such claims may be true for the persons who made the claims, including claims made by the Seller about his/her/its own experience with Empower. If Buyer is purchasing and/or using Empower as a product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his/her/its understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller as described herein) is the full remedy for any Buyer who feels the product did not deliver the results claimed.

Where this disclaimer and claims made in sales and promotional materials describing details pertaining to Empower are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is exclusively upon the Buyer to substantiate any deliberate deception allegedly committed by Seller that, in specified ways, caused Buyer to purchase Empower on one or more occasions. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and Buyer does not prevail in court or at arbitration.

No warranties are made whatsoever about the Empower product and Buyer warrants a clear understanding that Buyer's sole and only course of action is to test the Empower product within the extent of the refund period and if Buyer is not satisfied prior to expiration of the refund period set forth herein, then to properly request a refund from Seller in the manner set forth herein and subject to other relevant terms and conditions.

Buyer, again, warrants a clear understanding and agreement that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this Empower product, the maximum amount of liability shall be the purchase price of the Empower product.

www.Empower.comPRIVACY POLICY ACCEPTED

Buyer expressly accepts the terms of Sellers Privacy Policy pertaining to the use of the Empower website.

TERMS OF USE ACCEPTED

Buyer expressly accepts the Terms of Use of the Seller's website.

RIGHT TO PUBLISH SUBMISSIONS

Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller's sole discretion and Buyer will receive no consideration in the event that Seller uses for commercial purposes the full or partial content of any and all communications with Buyer.

INDEMNIFICATION

Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using Empower or information contained on the www.empowerpads.com website that results in a damage award against the Seller. The s


RIGHT TO STOP SELLING Empower TO CERTAIN PURCHASERS Buyer agrees that Seller has the exclusive and sole right to continue and/or discontinue the sale of the Empower product at any time, for any reason, with or without notice, subject only to the return policy set forth herein.

Buyer understands that the Seller may discontinue providing customer service to current or prospective purchasers of Empower at any time with or without notice subject only to the return policy set forth herein.

CALIFORNIA RESIDENTS NOTE

You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy and this Purchase Agreement you waive any right to view or modify the content of our database. You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. In the event the website elects at its sole discretion to release any information to you, you must properly identify yourself to the website in a manner that is appropriate under the circumstances as the named customer who has previously purchased Empower. We are doing this to protect private customer information from being inadvertently provided to unauthorized persons such as identity thieves. The required identifying information may include credit card information, social security numbers, notarized copies of state issued identification, or other identification that is deemed sufficient to allow our counsel to determine that it is appropriate to release account information – in the event that we divulge the information at all without a court order directing us to do so. Additionally, this purchase agreement, as part of the consideration required to purchase Empower from this website, requires that Buyer agree to use the American Arbitration Association exclusively as the mutually agreed upon exclusive forum to resolve any claim arising from the Terms of Use, Privacy Policy, or Purchase Agreement, and not the courts of the state of California. The Buyer (customer) also agrees, as part of the required consideration to purchase Empower, that any cause of action is presumed to have arisen in Nevada.

ARBITRATION

As part of the consideration that the Seller requires, Buyer knowingly and voluntarily agrees to use binding arbitration provided through the American Arbitration Association for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase/cancellation agreement, the purchase and/or use of Empower, including solicitation issues, privacy issues, terms of use issues product order cancellation issues and product return issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.

In no case shall the Buyer have the right to seek relief in court or to demand or otherwise be entitled to have a jury trial for any matter arising from the purchase and/or use of Empower or the material set forth in Empower product advertisements or promotions. Buyer also acknowledges and agrees that Buyer will not have any right to engage in pre-trial discovery except as may be provided in the American Arbitration Association rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute and/or arbitration, including, but not limited to, attorney fees, collection fees, investigation fees, travel-related expenses and other costs as may be deemed appropriate.


APPLICABLE LAW

Buyer agrees that the applicable law to be applied in all cases shall be the law of the State of Nevada

NOTICE

Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.

COSTS

The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs associated with the arbitration or litigation, including filing fees, investigation fees, collection fees, travel expenses from the other party and others.

MODIFICATION

This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.

ENFORCEABILITY OF PROVISIONS

In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

WAIVER OF BREACH

The Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.


FINAL ACCEPTANCE

By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and purchasing Empower, you, the Buyer, voluntarily and knowingly attest that you have fully read, understood, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.

Statements made in this promotion have not been evaluated by the Food & Drug Administration.
This product is not intended to diagnose, prevent, treat, or cure any disease.
Empower is not affiliated with other media or research companies on this site.
As individuals differ, their results will differ.
Bionoble Research, LLC | © 2008-2009 All Rights Reserved
23910 N. 19th Avenue Building 4 Suite 62
Phoenix, Arizona 85085 USA

 
 
 
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