Purchase And Continuity Shipment Plan Agreement

THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THIS 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.

WHEN YOU CLICK THE "Finalize Order" BUTTON ON THE ORDER PAGE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, FULLY UNDERSTAND AND FULLY ACCEPT THE TERMS OF THIS PURCHASE AND CONTINUITY SHIPMENT PLAN AGREEMENT.

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

The parties to this Agreement are Healthy Living Supplements LLC, the owner of The Ultimate Diet Formula®, and TheUltimateDietFormula.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, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of The Ultimate Diet Formula®, where The Ultimate Diet Formula® 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 Agreement

The subject matter of this Agreement is The Ultimate Diet Formula® as described in promotional or sales materials on TheUltimateDietFormula.com and/or in an email message that referenced TheUltimateDietFormula.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 Ultimate Diet Formula® product that is the subject matter of this Agreement. The Ultimate Diet Formula® product may be termed 'product' throughout this Agreement but the word 'product' shall mean The Ultimate Diet Formula® product that is offered for sale as described in sales or promotional materials.

Buyer warrants an understanding that the Buyer has no license, permission or right to duplicate The Ultimate Diet Formula® 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.

Buyer also warrants an understanding that the following are incorporated by reference into this Agreement and Buyer hereby agrees to their terms and conditions:

Rights And Obligations Of The Buyer

The Buyer must pay the full consideration for The Ultimate Diet Formula product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, shipping and handling charge, and any applicable customs duties, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this 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/her/its 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 such contacts 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/her/its 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 previously described.

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 The Ultimate Diet Formula® or other products and which will be able to determine if Buyer retains 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 customs duties and/or VAT taxes to be collected understand that, unless customs 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 customs 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.

Continuity Shipment Plans

Seller offers a FREE 30-Day trial supply of The Ultimate Diet Formula® and only requires that the Buyer pay a low shipping and handling charge and any applicable customs duties for this initial supply of The Ultimate Diet Formula®. Seller does this so that Buyer can evaluate the benefits of using The Ultimate Diet Formula® and decide whether to continue using the product. Upon ordering the FREE 30-day trial supply of The Ultimate Diet Formula®, the Buyer is automatically enrolled in the Seller's Ultimate Weight Loss Club and selects one of three Continuity Shipment Plans, either every month, 3 months, or 6 months, which provide for the automatic shipment of a new supply of The Ultimate Diet Formula® unless the Buyer has Cancelled his/her/its membership in the Ultimate Weight Loss Club at least 7 days prior to the end of the FREE 30-day trial period or any subsequent scheduled shipment date. Unless so Cancelled in accordance with this Agreement and the Return/Cancellation Policy, Buyer agrees to continue to pay the recurring payment, including the shipping and handling charge, and the Buyer hereby authorizes the Seller to bill the Buyer's credit card for said charges, for the Continuity Shipment Plan initially selected.

Buyer can change to a different Continuity Shipment Plan at any time by emailing Seller at ChangePlan@TheUltimateDietFormula.com, indicating the Buyer's name, original Order date and Continuity Shipment Plan selected, and which new Continuity Shipment Plan they wish to change to. Buyer agrees to pay the then prevailing cost of such changed Continuity Shipment Plan including the then prevailing shipping and handling charge.

Buyer also acknowledges that if Buyer Cancels membership in the Ultimate Weight Loss Club he/she/it is not entitled to another FREE 30-day trial supply of The Ultimate Diet Formula®.

In addition, Buyer acknowledges that because of the high and unpredictable demand for The Ultimate Diet Formula® Seller may at times be out-of-stock of The Ultimate Diet Formula® and in such cases Seller agrees to notify Buyer of such out-of-stock situation within 7 days of Buyer's initial Order or subsequent scheduled shipment. Upon such notification Buyer can Cancel his/her/its Ultimate Weight Loss Club membership or accept the estimated shipment terms then offered by Seller. Instructions for such Cancellation or Acceptance by the Buyer will be included in such Seller notification.

Credit Card Charges And Credit Card Fraud Penalties

Buyer warrants that he/she/it 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 The Ultimate Diet Formula® and is the true and authorized owner of the credit card used to complete any purchase of The Ultimate Diet Formula®. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages to Healthy Living Supplements LLC in an amount the equivalent of US $25,000 dollars per each individual fraudulent transaction, plus actual damages, and Buyer further agrees that all information collected by Healthy Living Supplements LLC whether through the HealthyLivingSupplements.com or TheULtimateDietFormula.com websites 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.

Guaranty And Warranty

The Ultimate Diet Formula® product is sold 'as is' and without any warranty or guarantee of any kind, whether express or implied. The Ultimate Diet Formula® 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 Ultimate Diet Formula® product. There is no 'warranty period'. There is only a refund period as described in the Return/Cancellation Policy.

Assumption Of Risk

Buyer agrees to accept all risks associated with the purchase or use of The Ultimate Diet Formula®, including but not limited to, ingestion of or application to Buyer's person, the use of The Ultimate Diet Formula® product personally or in business, all taxes and regulations that are or may be applicable to the purchase of The Ultimate Diet Formula® by Buyer, and 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 indirectly from the purchase and/or use of The Ultimate Diet Formula®. Buyer agrees, as part of the consideration that is required to purchase The Ultimate Diet Formula® to carefully review and test this product during the refund period and to immediately and properly request a refund, in accordance with the Refund/Cancellation Policy, 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 The Ultimate Diet Formula® disclaims all liability for the product or damages resulting from the use of The Ultimate Diet Formula® for any reason. Buyer alone accepts full responsibility for allowing others to use The Ultimate Diet Formula®. 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 The Ultimate Diet Formula® or from subsequent contact with Seller or Third Parties.

Buyer expressly agrees that no matter what may happen because of his/her/its purchase and/or use of The Ultimate Diet Formula®, no matter what damage may be allegedly or actually caused by the purchase and/or use of The Ultimate Diet Formula®, or no matter the harm or damage that may result directly or indirectly from the purchase and/or use of The Ultimate Diet Formula®, 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 Ultimate Diet Formula® website or other websites. Seller disclaims liability for any of Buyer's interaction with other visitors or other members of The Ultimate Diet Formula® 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 Of Product

If claims about results from using The Ultimate Diet Formula® 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 The Ultimate Diet Formula®. If Buyer is purchasing and/or using The Ultimate Diet Formula® 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 because of differences in body chemistry and other factors, and that the refund of the purchase price (subject to the return of the product to the Seller as described in the Return/Cancellation Policy) 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 The Ultimate Diet Formula® are in conflict, this 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 The Ultimate Diet Formula®.

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 Ultimate Diet Formula® product and Buyer warrants a clear understanding that Buyer's sole and only course of action is to test The Ultimate Diet Formula® product within the extent of the refund period and if Buyer is not satisfied prior to expiration of the refund period set forth in the Refund/Cancellation Policy, then to properly request a refund from Seller in the manner set forth therein 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 The Ultimate Diet Formula® product, the maximum amount of liability shall be the purchase price of The Ultimate Diet Formula® product.

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 The Ultimate Diet Formula® or information contained on TheUltimateDietFormula.com website that results in a damage award against the Seller.

Right To Stop Selling The Ultimate Diet Formula® To Certain Purchasers

Buyer agrees that Seller has the exclusive and sole right to continue and/or discontinue the sale of The Ultimate Diet Formula® product at any time, for any reason, with or without notice, subject only to the Return/Cancellation Policy.

Buyer understands that the Seller may discontinue providing customer service to current or prospective purchasers of The Ultimate Diet Formula® at any time with or without notice subject only to the Return/Cancellation Policy.

Jurisdiction And Other Points To Consider

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Nevada, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent Buyer has in any manner violated or threatened to violate TheUltimateDietFormula.com and/or its affiliates' intellectual property rights, TheUltimateDietFormula.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Nevada, and Buyer consents to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this Agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Las Vegas, NV. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Las Vegas, NV, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The other party shall reimburse the prevailing 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.

If any matter concerning this purchase shall be brought before a court of law, whether pre-arbitration or post-arbitration, Buyer knowingly acknowledges and agrees that the sole, exclusive and proper jurisdiction shall be the County of Clark, State of Nevada.

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

TheUltimateDietFormula.com may modify this Agreement at any time, simply by updating this posting and without notice to Buyer. This is the ENTIRE Agreement.