Terms & Conditions
LARGAGENIX.COM TERMS AND CONDITIONS OF USE
Welcome to the website of Largagenix.com, (“Largagenix”) located at www. largagenix.com, including all of its subdomains and subparts (collectively, “our website”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments, “TERMS AND CONDITIONS”) BEFORE PLACING AN ORDER OR USING THIS WEBSITE.
THIS WEBSITE IS OWNED AND OPERATED BY UP, LLC (“UP”, “LARGAGENIX”, “US”, “WE” or “OUR”). THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION OR HAVE A JURY DECIDE YOUR DISPUTE.
BY USING THIS WEBSITE AND/OR PLACING AN ORDER FOR UP’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS, AND AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, LEGALLY ELIGIBLE TO USE THIS SITE AND LEGALLY CAPABLE OF PLACING AN ORDER FOR UP’S PRODUCTS AND SERVICES.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO HAVE ALL DISPUTES RELATING TO YOUR USE OF THIS WEBSITE AND UP’S PRODUCTS OR SERVICES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO FILE A LAWSUIT IN COURT TO RESOLVE THEIR DISPUTES.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE UP’S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of our website after any such changes constitutes your acceptance of the new terms and conditions. Any updates or amendments will be posted on our website. The Terms and Conditions displayed on our website at the time an order is accepted will apply to the order.
These Terms and Conditions govern and apply to your access to and use of our website, any order you place through our website, and all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with UP for products, services, or otherwise, that other agreement will prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms will apply therein as well, if you are a user of our website.
• User Conduct
You must only use our website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of our website. You may not, without our prior written consent: (a) copy, reproduce, use, or otherwise deal with any content on our website; (b) modify, distribute, or re-post any content on our website for any purpose; or (c) use the content of our website for any commercial exploitation whatsoever.
In using our website, you further agree not to (a) disrupt or interfere with the security of, or otherwise abuse, our website or any services, system resources, accounts, servers, or networks connected to or accessible through our website, or affiliated or linked sites; (b) disrupt or interfere with any other user’s enjoyment of our website, or affiliated or linked Web sites; (c) upload, post, or otherwise transmit through or on our website any viruses or other harmful, disruptive, or destructive files; (d) use, frame, or utilize framing techniques to enclose any UP trademark, logo, or other proprietary information (including the images found at our website, the content of any text, or the layout/design of any page or form contained on a page) without UP’s express written consent; (e) use meta tags or any other “hidden text” utilizing an UP name, trademark, or product name without UP’s express written consent; (f) deep link to our website without UP’s express written consent; (g) create or use a false identity on our website, share your account information, or allow any person besides yourself to use your account to access our website; (h) collect or store personal data about others; (i) attempt to obtain unauthorized access to our website or portions of it that are restricted from general access; and (j) post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by UP.
In addition, you agree you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on our website and our products. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website, or the misuse of our products. We have the right to remove any material or posting you make on our website if, in our sole opinion, such material does not comply with the content standards set out in these Terms and Conditions.
• Content Uploaded to Our Website
In the event you upload any photographs, comments, video clips, or other media to our website (the “Uploaded Content”), Largagenix has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of our business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or our website, in perpetuity throughout the world, as Largagenix in its sole discretion sees fit and without further consent or payment. Largagenix has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Largagenix has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Largagenix may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Largagenix’s sole discretion. Largagenix is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions, or respond to any comments posted by you. If requested, at our expense, you will execute any document necessary to confirm your transfer of ownership of Uploaded Content to us.
Users of our website must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Users posting Uploaded Content via a user profile must treat their login credentials and password confidentially and ensure that they are not shared with any third party that might jeopardize the security of their account.
• Changes to Our Website
Largagenix may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of our website or any products available through or outside of our website, temporarily or permanently, including the availability of any features of our website or access to any parts of our website, at any time without notice to you, and you agree that Largagenix will not be liable therefor.
• Linked Sites
• Copyright and Trademarks
All of our website’s materials, including, without limitation, all UP product logos, design, text, graphics, software, other files, and the selection and arrangement thereof, and including but not limited to the Largagenix name and marks (the “Content”) are Copyright© UP, LLC ALL RIGHTS RESERVED. Unless expressly stated otherwise, UP retains other proprietary rights in all products available through our website. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of UP or the respective copyright owner. You may not, without the express written permission of UP or the respective copyright owner (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of our website, its content, services, or products obtained through our website; (b) collect or use any product listings or descriptions; (c) make derivative uses of our website or its Content; or (d) use any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of UP or any third party.
Together with other logos and product names described on our website, the following includes a partial list of trademarks or registered trademarks of UP in the United States or other countries: Largagenix®. These and all other UP trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of UP or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of UP, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of UP. Other names and brands on the website may be claimed as the property of others.
• Copyright Policy and Copyright Agent
It is UP’s policy to respect the copyright and intellectual property rights of others. UP may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, UP may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, UP complies with the Digital Millennium Copyright Act.
If you believe UP or any user of our website has infringed your copyright in any material way, please notify UP, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material you claim is infringing so that we may locate it on our website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;
- a statement by you that the above information in your notice is accurate, made under penalty of perjury; and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to support@Argagenix.com, or at Largagenix, 205 North Stephanie Street, Suite D, Henderson, Nevada 89074.
• Product Information and Disclaimers
The statements on our website and the materials and supplements distributed or sold by Largagenix have not been evaluated by the Food and Drug Administration. The products and services offered by Largagenix are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition we suggest consulting with a physician before using any of our products. Results of use of the products are not typical and not everyone will experience results.
We provide information on this website for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the website for diagnosing or treating a medical condition. If you have a medical condition, see a doctor. Read all product instructions before use and completely follow all product instructions.
Any offer for any product or service made on this site is void where prohibited.
For questions about the products or services on our website, please use the Customer Service links found on each product page or section. For questions about orders placed through our website or otherwise, please use the Customer Service link in the email receipt you receive or by filling out the Contact Us form found on the website.
• Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices, and other information shown on our website are correct and fairly described. However, when ordering products or services through our website, please note that Largagenix reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise. Packaging may vary from that shown on our website. Any weights, dimensions, and capacities shown on our website are approximate only. All items are subject to availability and we will inform you as soon as reasonably possible if the product(s) you have ordered is not available.
Please also note that the terms of any products offered by Largagenix and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by Largagenix by providing you advanced notice, including by posting notice of the change on our website or sending you an email to the address you provided at purchase.
• Money Back Guaranty – APPLICABLE TO ONLY CERTAIN ORDERS
If you purchased one of our packages shipped with the free gift pack (which includes the DVD, book, and Largagenix stretch device), your purchase comes with an unconditional seventy-five (75) day money back guarantee. If you are unsatisfied with your purchase for any reason, simply call Customer Service at 1-800-326-9714 within seventy-five (75) days of your purchase and obtain a refund. You will need to return any opened or unopened supplement bottles in accordance with our return policy set forth in Section 15, below. No returns will be accepted without a Return Authorization Number.
• Order and Payment Information
If you use our website or other means to purchase a product, payment must be received by Largagenix prior to Largagenix’s acceptance of an order, unless otherwise agreed in advance by Largagenix. All Largagenix products are subject to sales/use taxes which we will collect and remit if you are a resident of California or Nevada. Residents of other states must report and pay applicable sales/use taxes as required by the law of their state of residence. Largagenix may need to verify information you provide before Largagenix accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Largagenix will refund you any payment made for the product that will not be shipped due to cancellation or limitation in the same tender as the original purchase. Largagenix expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through our website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Largagenix is registered to you. Largagenix will have the right to bar your access to and use of our website if it has reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information to Largagenix, or for any other reason Largagenix, in its sole discretion, deems appropriate. You agree that your placement of an electronic order on our website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Largagenix reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Unauthorized resale of the gift pack or of Largagenix is strictly prohibited.
Largagenix reserves the right, but undertakes no obligation, to report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you for any order placed or shipment, including through telephone, email or other confirmation. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order.
Largagenix may reject orders where the stated delivery address is outside the United States. If stated, Largagenix will add applicable shipping and handling fees.
Largagenix’s descriptions of, or references to, products not owned by Largagenix on and outside of our website do not imply endorsement of that product, or constitute a warranty, by Largagenix.
• Membership Program
If you are purchasing our products and enrolling in our membership program (the “Program”), your order will remain in effect until cancelled. If you sign up for the Program on the Website in connection with your purchase, the payment card or alternate payment method you provide will be charged at the price shown on the checkout page plus shipping and handling and applicable tax. There is no charge for the gift pack, which includes the DVD, book, and Largagenix stretch device, but only one gift pack will be provided per household per year. IF YOU SIGN UP FOR THE PROGRAM ON THE WEBSITE, YOU WILL BE ENROLLED IN OUR MEMBERSHIP PROGRAM AND RECEIVE MONTHLY SHIPMENTS UNLESS YOU CANCEL WITHIN TWENTY (25) DAYS OF PLACING YOUR ORDER.
This means that, unless you cancel, you will automatically receive an additional 30-day supply of Largagenix about 25 days after you placed your initial order, and you will be charged the price shown on the checkout page plus shipping and handling and any applicable tax. You will continue to receive an additional 30-day supply of Largagenix about every 30 days for as long as you stay a member of our membership program. THE CARD OR ALTERNATE PAYMENT METHOD YOU PROVIDED WHEN YOU ENROLLED IN THE PROGRAM WILL BE AUTOMATICALLY CHARGED THE PRICE SHOWN ON THE CHECKOUT PAGE (PLUS SHIPPING AND HANDLING AND TAX IF APPLICABLE) WITH EACH MONTHLY SHIPMENT.
By proceeding with your membership purchase, you agree that Largagenix WILL NOT get another authorization from you before sending you additional monthly shipments and charging you the price shown on the checkout page plus shipping and handling and applicable tax. These charges will be placed on the payment card or alternative payment method you provided when you placed your order. You agree that Largagenix will not be responsible in any manner for any overdraft charges, interest charges, late fees, other fees, damages or consequential damages, which you might incur as a result of charges placed on the payment card or alternative payment method you provided while you are a member of the Program.
YOUR MEMBERSHIP WILL REMAIN IN EFFECT UNTIL CANCELLED BY YOU. IF YOU WISH TO CANCEL YOUR MEMBERSHIP AT ANY TIME, YOU MAY DO SO BY CALLING CUSTOMER SERVICE AT 1-800-326-9714. CANCELLATION WILL BE EFFECTIVE IMMEDIATELY AND YOU WILL HAVE NO OBLIGATION TO PURCHASE ADDITIONAL QUANTITIES.
We may, in our sole discretion, terminate your membership in the program at any time without notice to you. We reserve the right to refuse or discontinue the supply of Largagenix to any user at any time, in our sole discretion. You must provide current, complete, and accurate information for your shipping and billing accounts. You are responsible for insuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (such as a change in shipping or billing address, credit card number, or credit card expiration date, etc.). Shipments sent to the address of record are deemed complete upon shipment; Largagenix is not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason. You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to your account information can be made by calling a Customer Service at 1-800-326-9714.
By enrolling in the membership program and receiving an initial order and gift pack, you agree to all terms and conditions of the trial, including the limit of one gift pack per household each year. You may purchase the items in the gift pack separately through Customer Service at 1-800-326-9714 or support@Argagenix.com should you want additional quantities.
• International Orders
Largagenix does not directly sell products in any jurisdiction other than the United States of America. While Largagenix may choose to accept orders for the purchase of its products from non-residents of the United States, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
You agree that the purchase of any Largagenix products by you, as a non-resident of the United States, will be (a) ex works Largagenix’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States, and (b) for your own personal use only and not for further resale or distribution in any manner.
You hereby expressly authorize and direct Largagenix to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose.
You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties, and import requirements from Largagenix’s facilities in the United States to your foreign ship to destination.
The United Nations Convention on the International Sale of Goods will not apply to any purchase or sale, and Largagenix expressly opts out of such application.
All orders are processed and shipped on business days only, Monday through Friday, excluding major holidays. Orders placed on Saturday and Sunday will be processed on the following business day. Although Largagenix may provide delivery or shipment timeframes or dates, you understand that those are Largagenix’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Argagenix will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
Shipping and handling charges will apply as disclosed on our website. Shipping and handling charges are subject to change. Freight charges for orders shipped outside the United States will be based on actual postage rates.
Largagenix will accept returns of unopened product in its original packaging within seventy-five (75) days of purchase. To return a product, you must call Customer Service at 1-800-326-9714 within seventy-five (75)days of your purchase and obtain a Return Authorization Number. No returns will be accepted without a Return Authorization Number. You must ship your return to us within seven (7) days of your receipt of your Return Authorization Number. Be sure to clearly write the Return Authorization Number on the outside of the box. We DO NOT accept any returns without a valid Return Authorization Number written on the outside of the box. We do not pay shipping for returns.
Returned merchandise should be sent to:
UP LLC 205 North Stephanie Street, Suite D-244 Henderson, Nevada 89074
We will not accept or issue a refund for any packages marked return to sender or refused. Upon receipt of your returned product with a valid Return Authorization Number, we will issue a refund to your credit card or other form of payment for the full purchase price, including shipping and handling and applicable tax. Please allow one or two billing cycles for the return to be posted to your account, depending on your financial institution.
If you are a participant in our Membership Program, your membership can only be cancelled by a specific request to terminate your membership. You can request termination of your membership through Customer Service at the time you ask for a Return Authorization Number. The return of any product purchased through the Membership Program does not automatically result in cancellation of your membership. Receipt of a Return Authorization Number for any shipment does not constituted cancellation of your membership.
• Disclaimer of Warranties – Website and Products
ALTHOUGH LARGAGENIX STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, LARGAGENIX DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, LARGAGENIX DOES NOT WARRANT THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
LARGAGENIX DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH OUR WEBSITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, LARGAGENIX DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LARGAGENIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING PRODUCTS PURCHASED THROUGH THE WEBSITE OR OTHERWISE PURCHASED FROM LARGAGENIX, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
The terms of this section apply to the extent permitted by law and survive any termination of these Terms and Conditions.
• Limitations on Liability – Website and Products
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL LARGAGENIX’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO LARGAGENIX FOR ANY PRODUCTS SUPPLIED BY ARGAGENIX THROUGH YOUR USE OF OUR WEBSITE OR OTHERWISE.
LARGAGENIX WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
IF ANY PROVISION OR PART-PROVISION OF THIS SECTION 17 IS DECLARED INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, IT WILL BE DEEMED SEVERABLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS TERMS AND CONDITIONS.
THIS LIABILITY LIMITATION PROVISION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The terms of this section survive any termination of the Terms and Conditions.
NOTICE TO NEW JERSEY RESIDENTS: If you are a consumer residing in New Jersey, this Section 17 limitation of liability section does not apply to you.
• International Users
Our website is controlled, operated, and administered by Largagenix from its offices in Nevada, United States of America. Largagenix makes no representation that materials on our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through our website are illegal is prohibited. You may not use our website or export the Content or products in violation of United States export laws and regulations. If you access our website from a location outside of the United States, you are responsible for compliance with all local laws.
You agree to indemnify and hold harmless UP, its parents, subsidiaries, shareholders, members, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) resulting from or in any way connected to your use of our website, your use of our products, your violation of these Terms and Conditions, or your violation of any rights of a third party.
NOTICE TO NEW JERSEY RESIDENTS: If you are a consumer residing in New Jersey, this Section 19 does not require you to indemnify anyone for our negligence or fraud.
Notwithstanding any of these Terms and Conditions, UP reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use our website and to block and prevent future access to and use of our website. You agree that UP will not be liable for any termination of your use of or access to our website. In the event we terminate your access to our website, we may, in our sole discretion, cancel any outstanding orders or shipments under any automatic renewal purchase, with our liability limited to a refund of the prepaid purchase price in the event of cancellation of an order or shipment based on our termination of your right of access to our website.
• Third-party rights
Only you and Largagenix will be entitled to enforce these Terms and Conditions. No third party will be entitled to enforce any of these Terms and Conditions, except as provided in this section. If UP assigns, transfers, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party in writing, such third party may enforce those Terms and Conditions that are assigned, transferred, or sub-contracted.
If any part of these Terms and Conditions is deemed invalid, unlawful, void, or for any reason unenforceable, then that part will be severable from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining part or provision in these Terms and Conditions.
The terms of this section survive any termination of the Terms and Conditions.
• Governing Law
• DISPUTES, CONFIDENTIAL AND BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Confidential and Binding Arbitration. You and UP further agree to confidential and binding arbitration of all Disputes between the parties pursuant to this provisions. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. You and UP further agree that (a) this Terms and Conditions memorializes a transaction in interstate commerce; and (b) the Federal Arbitration Act (9 U.S.C. §§1, et seq.) governs the interpretation and enforcement of this section; and (c) this section will survive termination of this Terms and Conditions. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court. UP does not hereby waive any defense and expressly reserves its right to assert any defense available to it in any such action, whether jurisdictional or otherwise.
Dispute Notice. In the event of a Dispute, you or UP must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to UP must be addressed to: UP, LLC, 205 North Stephanie Street, Suite D, Henderson, Nevada 89074, Attn: Support (the “UP Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If UP and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or UP may commence an arbitration proceeding pursuant to this section or you may file an individual suit in small claims court. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration or your filing suit in small claims court.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND UP AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE CONFIDENTIAL ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
Confidential Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be governed by the Expedited Arbitration Procedures of JAMS, Inc. in effect at the time the arbitration is initiated (the “JAMS Procedures”), available at www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this section. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. If there is a conflict between the JAMS Procedures and the rules set forth in this section, the rules set forth in this section will govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes will be resolved by a single neutral JAMS arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this section. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; or (d) trademark infringement or dilution, each of which is excluded from the definition of “Dispute”" as stated above. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in Clark County, Nevada, at your option.
- Initiation of Confidential Arbitration Proceeding. If either you or UP decide to arbitrate a Dispute, the parties agree to the following procedure:
- Write a Demand for Arbitration. The Demand must briefly explain the dispute, state the amount of money sought and identify any other remedies desired, contain the names and addresses of the claimant and respondent, and, if known, the names of any their representatives, and it must state the requested location for the hearing if an in-person hearing is requested.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS 3800 Howard Hughes Parkway 11th Floor Las Vegas, NV 89169
- Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to in advance by the parties.
- Hearing Format. In all hearings, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.
- Arbitration Fees. UP will pay, or (if applicable) reimburse, you for all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or UP) pursuant to provisions of this section, unless the arbitrator determines that you initiated the arbitration in bad faith. If the arbitrator determines that you initiated the arbitration in bad faith, the arbitrator may order you to pay all or any portion of the arbitrator’s fees and costs.
- Opt-out. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to the UP Notice Address within thirty (30) days of your first visit to and use of the website that specifies your (a) name; (b) mailing address; and (c) request to be excluded from the confidential and binding individual arbitration procedure and waiver of class and representative proceedings specified in this section. In the event you opt-out, consistent with the procedure set forth above, all other provisions in this Terms and Conditions will continue to apply, including the requirement to provide notice prior to initiating any individual arbitration, small claims, or other lawsuit.
Amendments to this section. Notwithstanding any provision in this section to the contrary, you and UP agree that if UP makes any future amendments to the dispute resolution procedure and class action waiver provisions in this section (other than a change to the parties’ addresses), UP will post notice of such amendments on the website and you will have thirty (30) days from your first visit to or use of the website containing such amendments to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current section, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments.
Severability. If any provision in this section is found to be unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect. The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void and the parties can pursue any recovery in any appropriate court of law. The terms of this section will otherwise survive any termination of these Terms and Conditions.
• Exclusive Venue for Judicial Controversies
UP and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in these Terms and Conditions (other than an individual action filed in small claims court) will be filed only in the Justice or District Courts of Clark County, Nevada, or the United States District Court for the District of Nevada, and each party hereby irrevocably and unconditionally consents and submits to the exclusive personal and subject matter jurisdiction of such courts for any such controversy. Any arbitration award may be enforced in any court of competent jurisdiction. The parties may pursue collection of any judgment in any court of competent jurisdiction.
The terms of this section survive any termination of these Terms and Conditions.
By placing your order and agreeing to the terms and conditions, you will be receiving a 30 day trial of Largagenix and only pay a small shipping fee of $4.95. You will also be placed into our auto-ship program which will send you a new order of Largagenix every 30 days. You will be billed $39.99 every 30 days, beginning the day after your trial period ends unless you decide to take an action to cancel (by calling our customer service center at 800-326-9714)
• Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions will operate as waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed to by us in writing.
Billing Description: all charges will show up from "Largagenix" on your card statements. Any Q contact us below.
• Contact Us
You may contact us about these terms and conditions at:
205 North Stephanie Street, Suite D
Henderson, NV 89074
Last updated and effective: April 21, 2016