Thank You for considering our products. Xcele Brain will provide our goods and services to you subject to the following terms and conditions. Please read this information carefully before placing any orders. You will be asked if you understand and agree to the terms and conditions of this Terms of Sales and Service ("Agreement"). By checking the "Rush My Order" button you agree to the terms and conditions of this agreement which becomes a binding contract between you and Xcele Brain.
2. INTENDED FOR USERS OVER 18:
This website is intended only for use by individuals 18 years of age or older. If you have not yet attained the age of 18 please leave this site immediately.
3. Purchase Options:
3a. Each bottle (30 day supply) of Xcele Brain may be purchased for $69.99 through our website. Discounts are available for purchasing larger quantities of the product.
4. Refund Policy:
If you are unhappy with product for any reason, Xcele Brain offers a refund for the most recent product purchased within the last 60 days. To qualify for a 60 day refund, customers must do the following: -Call our 24/7 Customer Support Hotline: 1-877-219-6620 or email [email protected] and Request an RMA (Return Merchandise Authorization) number. -Mail back your bottle (unopened or opened) to our fulfillment center (see shipping address below). - We STRONGLY RECOMMEND that when you return your product via a Postal Carrier, that you receive a tracking number and a receipt from your postal carrier. -Package must be postmarked within 60 days of initial order. - Please clearly and visibly write the RMA number on the package. Please ship to the following address: Xcele Brain Returns PO Box 25380 Santa Ana, CA 92799 Note: Packages without an RMA number will NOT be accepted or issued a refund. After the fulfillment center has received the package with a valid RMA number, and the order is processed within 3-5 business days, a refund will be issued. All shipping and handling charges are non refundable. It does take some time for your bank to post the refund to your account. Please allow 10 business days for your refund to appear on your bank statement. If you have questions about a refund that has been issued, please call our 24/7 Customer Support Hotline: 1-877-219-6620.
5. Shipping Policy:
Order details are processed within 1 business day after customer inputs their order and the initial charge is accepted. This is done to ensure the accuracy of the address. Including processing and handling, the most customers should expect a shipping time of (1) to five (5) business days.
Xcele Brain service is provided on an "as is" and "as available" basis. You expressly agree that use of any service offered by Xcele Brain is at your sole risk. To the fullest extent permissible pursuant to applicable law, Xcele Brain disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantablity, fitness for a particular purpose or non-infringement. Xcele Brain does not make any warranty that its service will meet your requirements, or that any service offered by Xcele Brain will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected; nor does Xcele Brain make any warranty as to the results that may be obtained from the use of any product or service offered by Xcele Brain or as to the accuracy or reliability of any information obtained through any service offered by Xcele Brain. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of any service offered by Xcele Brain is at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Xcele Brain does not make any warranty regarding any goods or services purchased or obtained through or from any service offered by Xcele Brain or any transactions entered into by use of or through any service offered by Xcele Brain. No advice or information, whether oral or written, obtained by you from Xcele Brain or through any service offered by Xcele Brain shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
7. Limitation of Liability:
Under no circumstances, including, without limitation, negligence, shall Xcele Brain or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use any product or service offered by Xcele Brain, or for the cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received, or transactions entered into by means of or through any service offered by Xcele Brain, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if Xcele Brain has been advised of the possibility of such damages. You also agree that Xcele Brain shall not be responsible or liable to you, or to anyone, for the statements or conduct of any third party on or arising from use of any service offered by Xcele Brain. If you are dissatisfied with any service offered by Xcele Brain your exclusive remedy is to discontinue use of the service with only a refund for the last purchase made within 30 days of the requested refund.
Class Action: To the extent allowed by law, we each waive any right to pursue disputes on a consolidated or classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. No trial by jury: to the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration, or other proceeding.
8. Force Majeur:
Xcele Brain shall not be liable for delays or non-performance of this agreement caused by strike, fire or accidents, nor shall either party be liable for delay or non-performance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign your rights or obligations under this agreement without our prior written consent.
10. Term of Agreement:
Either party may terminate this agreement at any time for any reason or for no reason.
We reserve the right to modify this agreement at any time by sending you an email notification. If you do not agree with the modification to this agreement your sole remedy is to cease doing business with us.
All notices to us under this agreement shall be in writing and shall be delivered: a) personally; b) by express overnight courier; or c) by usps, registered or certified, return receipt requested, postage prepaid to the address above, unless specified otherwise below. Notices shall be deemed received on the date of personal delivery, the date of actual receipt as indicated on the delivery notice or return receipt or the date the receipt is refused; whichever is earlier.
If any provision, or portion thereof, of this agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, you understand and agree that such invalidity shall not affect the validity of the remaining portions of the agreement and understand and agree that we may substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
14. Section Titles:
The section titles in the agreement are for convenience only and have no legal or contractual effect.
15. Entire Agreement:
This agreement sets forth the entire agreement between the parties. You acknowledge and agree that you have reviewed this agreement in its entirety, and every part thereof, and that you understand the agreement. You further acknowledge and agree that you have had the opportunity to review this agreement and otherwise consult with your independent counsel as to the agreement.
16. Electronic Signatures:
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the site or services offered by us. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
17. Governing Law:
This agreement is governed by and shall be construed in accordance with the laws of the state of Nevada.