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Terms of Use
Introduction
Welcome to mms-lab.com. This Terms of Use
Agreement sets forth the Agreement between MMS Lab ("MMS-Lab.com" or
"MMS Lab" or "we") and each user ("you" or "user" or "customer")
governing the use by you of this site. Please read this Agreement
carefully before using this site. By using this site, you signify your
assent to this Terms of Use Agreement. If you do not agree to the terms
and conditions contained in this Terms of Use Agreement, you may not
access or otherwise use this site. This Agreement applies to any
transaction or relationship between the parties, including those
related to the use of this website and/or the purchase and sale of
merchandise through this website or from Miracle Mineral by other
means, email and telephone communication.
Order Acceptance
By
placing your order on our website, you authorize us to charge your
credit card for the amount calculated during your order, or as modified
by us for the reasons stated below, or modified as a result of your
personal request. Please note that there may be certain orders that we
are unable to accept, either in full or in part, and must cancel or
modify. We reserve the right, at our sole discretion, to refuse, cancel
or modify any order for any reason.
Some situations that may
result in your order being canceled or modified include limitations on
quantities available for purchase; inaccuracies or errors in product or
pricing information; product or ingredient restrictions mandated by
local, state, national or international regulations; address
inaccuracies; or problems identified by our credit and fraud avoidance
group. We may also require additional verifications or information
before accepting any order. We will contact you if all or any portion
of your order is canceled or if additional information is required to
accept your order.
If your order is canceled by us after your
credit card has been charged, we will issue a credit to your credit
card in the amount of the charge.
Your order will generally
be shipped the same day as your credit card is charged. However, there
may be an unexpected situation which causes your order to be shipped up
to 24 to 72 hours later.
Customs
MMS Lab strictly follows
all international regulations regarding export to other countries. A
variety of customs fees, taxes, and duties may be charged on orders
sent outside of the United States, which are out of our control.
Customer agrees that they are responsible for any charges incurred to
obtain possession of package. Customer is advised to determine any and
all fees and taxes that may be imposed to import products offered at
mms-lab.com, and agrees to be fully responsible for such fees and taxes.
If
a customer fails to claim a package due to refusal to pay customs fees,
we will not issue a refund even if the goods are returned to us. By the
time we did receive the goods, they would have been exposed to unknown
elements and would be unsellable and have to be destroyed. This is one
of the reasons for our policy to NOT accept any returns or issue any
refunds for international orders.
MMS Lab strictly follows
all known national and international regulations regarding the sale,
purchase and shipment of any product or product ingredient that is
considered restricted or prohibited by any law within the United States
or abroad.
Order Cancellations
Shoud you wish to cancel
your order after it is placed on our website, we will do so if your
order has not been shipped. You will receive a full refund. However,
you must allow us at least 24 hours (Monday thru Friday) to receive
your communication to cancel your order, or it may be shipped before
your communication was received by us. If your order has already been
shipped, you may refuse it when it reaches you. When your refused order
is received by us, we will credit you for the amount charged for the
product, less a 10% restocking fee. You will not be credited for the
shipping charges.
Order Returns
ORDERS SENT WITHIN THE
U.S.: When you buy from our website you may return any
UNOPENED PRODUCT
in its original condition** WITHIN THIRTY (30) DAYS of receiving the
order, and receive a refund of the original amount charged for the
products, less a 10% restocking fee. You will not be refunded for
shipping. Shipping charges will only be refunded if the return is due
to our error. Contact us via email or telephone to obtain authorization
to return your order. You must write the Return Authorization number on
the outside of your package. All returns should be accompanied by a
copy of your sales receipt packing slip and must be returned within the
30 day time period. After your return has been received it will take a
few days to process. If you originally ordered using a credit card,
refunds will be credited to your account. If you paid by check or money
order, a refund check will be mailed to you. As an option, you may also
apply the credit to your account with us to be used toward future
purchases. NOTE: Credits for returns are subject to our acceptance of
the condition** of the goods returned. A Return Authorization number is
not a guarantee that a credit will be issued.
ORDERS SENT
OUTSIDE THE U.S.: We are sorry, but we cannot accept
returns of
products shipped OUTSIDE OF THE U.S. our products need to be stored at
proper temperatures. The conditions in which a package has traveled
when returned to us cannot be known, and therefore the product can not
be restocked. Please choose your products carefully and read all
available information on the website, including the list of ingredients.
**ORIGINAL
CONDITION: Our products are susceptible to damage from
heat and cold.
We can only accept returns when the product has been kept in the proper
temperature and dry conditions. Bottles that have suffered heat damage
will often have a wrinkled label and the bottle will expand -
particularly at the bottom. Do not leave your products unattended in
your automobile or other hot or extremely cold environment. It is very
apparent when a bottle has been exposed to too much heat or cold. If we
receive returned products with this type of evident damage, we will be
unable to issue a credit, even if you have received a Return
Authorization number. We appreciate your understanding about this
policy.
Lost or Stolen Merchandise
If your domestic or
international order has NOT been sent insured we cannot replace lost or
stolen merchandise that has been shown to be delivered by the United
States Postal Service, by UPS, by any other delivery service, or by the
delivery service in a foreign country. If you feel that your package
cannot be safely delivered to your home, please request that we add
insurance to your order. If it has been insured, a replacement order
will be sent along with documents for your signature, which we will
need to make a claim with the delivery service so that we may recover
the cost of the merchandise.
Prices & Currency
The
prices displayed on this website are quoted in U.S. dollars and are
valid and effective only within the United States, and such prices do
not include shipping and handling or sales taxes, if applicable, unless
otherwise stated, which will be added to your total invoice price. You
are responsible for the payment of any shipping and handling charges
and state and local sales or use taxes that may apply to your order.
International shipment rates vary based on total package weight and
final destination. All pricing does not include duties, insurance
costs, tariffs, or value-added taxes. If assessed, these charges are
the responsibility of the package recipient, who will be billed for
them by the local Customs office.
Pricing or Typographical
Errors
We
work hard to provide accurate product and pricing information. However,
pricing or typographical errors may occur. In the event that an item is
listed at an incorrect price or with incorrect information due to an
error in pricing or product information, MMS Lab shall have the right,
at our sole discretion, to refuse or cancel any orders placed for that
item. If an item is incorrectly priced, we will modify your order to
the accurate price, may contact you for instructions, or cancel your
order and notify you of such cancellation. Prices and availability are
subject to change without notice.
Items for Resale
MMS
Lab reserves the right to limit the quantity of items purchased per
person, per household or per order. These restrictions may be
applicable to orders placed by the same account, the same credit card,
and also to orders that use the same billing and/or shipping address.
We will provide notification to the customer e-mail and/or billing
address provided should such limits be applied. Miracle Mineral also
reserves the right to prohibit sales to dealers.
MMS Lab is not
responsible for any product or service sold on or through this site or
any claims of quality or performance made on or through this site,
including any claims of quality or performance made on or through any
site to which this site links (each a "Linked Site"). You are advised
that other sites on the internet, including without limitation Linked
Sites, might contain material or information that some people may find
offensive or inappropriate; or that is inaccurate, untrue, misleading
or deceptive; or that is defamatory, libelous, infringing of others'
rights or otherwise unlawful. MMS Lab expressly disclaims any
responsibility for the content, legality, decency or accuracy of any
information, and for any products and services, that appear on any
Linked Site.
Copyright and Trademarks
All website design,
text, graphics, sound, software and other content, and the selection
and arrangement thereof, are the property of MMS Lab or its licensors,
and are protected by United States and international copyright law. All
rights to such materials are reserved to their respective copyright
owners. Permission is granted to electronically copy and to print in
hard copy portions of this website for the sole purpose of placing an
order with MMS Lab
Any other use of materials on this site,
including without limitation reproduction for purposes other than noted
above, modification, distribution, replication, commercial or other
exploitation, or creation of derivative works, without the prior
written permission of MMS Lab, is strictly prohibited.
MMS
Lab, and all logos, page headers, custom graphics and icons are service
marks and/or trademarks of MMS Lab or its licensors or affiliates. All
other trademarks, service marks, product names and company names or
logos that appear on this site are the property of their respective
owners.
No Warranty - Disclaimer
MMS Lab is providing
this site and its contents on an "as is" basis. MMS Lab and its
officers, directors, employees, agents, licensors, suppliers, content
providers and the like (together, "affiliates") make no representations
or warranties of any kind, express or implied, with respect to this
site or its contents, including without limitation the products,
information or services offered or sold on or through this site or any
Linked Site and the uninterrupted and error-free use of this site. MMS
Lab and its affiliates expressly disclaim all such representations and
warranties, including without limitation all warranties of
merchantability, accuracy, timeliness, completeness, fitness for a
particular purpose and non-infringement. MMS Lab and its affiliates do
not warrant that the site or files available on the site will be free
from corrupted data, computer viruses or similar destructive or
contaminating code. No oral or written statements by MMS Lab or its
affiliates will create any warranty not expressly set forth herein.
Your use of this site and any Linked Site is at your sole risk.
Usage
You
agree to maintain the security of your account on the site, including
the security of your password and other confidential information
relating to the use of the site and your account on the site. You agree
to be responsible for all charges resulting from the use of your
account on the site, including charges resulting from unauthorized use
of your account prior to your taking steps to prevent such occurrence
by changing your password and notifying MMS Lab
You agree to
use this site only for lawful purposes, and that you are responsible
for your use of and communications on the site. You agree not to post
on or transmit through this site any unlawful, infringing, threatening,
harassing, defamatory, vulgar, obscene, profane, indecent, offensive,
hateful or otherwise objectionable material of any kind, including
without limitation any material that encourages criminal conduct or
conduct that would give rise to civil liability, infringes others'
intellectual property rights or otherwise violates any applicable
local, state, national or international law. You agree not to use this
site in any manner that interferes with its normal operation or with
any other user's use and enjoyment of the site. You agree not to
reproduce, modify, distribute, replicate, commercially exploit or
create derivative works of any portion of the site or material thereon.
You
further agree that you will not access our website by any means except
through the interface provided by MMS Lab for access to the site. You
agree that you will not access this site from any territory where its
contents are illegal, and that you, and not MMS Lab and its affiliates,
are responsible for compliance with applicable local laws.
These
terms are effective unless and until terminated by either you or MMS
Lab You may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. MMS Lab also may terminate or
suspend this Agreement, at any time, without notice, and accordingly
deny you access to the site, if in MMS Lab's sole discretion you fail
to comply with any term or provision of this Agreement or your use is
harmful to the interests of another user or MMS Lab or its affiliates.
Upon any termination of the Agreement by either you or us, you must
promptly destroy all materials downloaded or otherwise obtained from
this site, as well as all copies of such materials, whether made under
the terms of use or otherwise.
You agree that MMS Lab may
terminate or suspend your access to all or part of this site, without
notice, for any conduct that MMS Lab, in its sole discretion, believes
is in violation of these Terms of Use or any applicable law or is
harmful to the interests of another user, MMS Lab or its affiliates.
Limitation of Liability
MMS
LAB AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING
TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT
LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A
RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS,
(IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY
UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA,
(VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII)
FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS
A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF
ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS
OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR
INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES
OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN MMS LAB AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES
OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE
EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the
foregoing, the sole and entire maximum liability of MMS Lab and its
affiliates for any reason, and your sole and exclusive remedy for any
cause or claim whatsoever, shall be limited to the amount paid by you
for any product, information or service purchased by you from MMS Lab
on this site.
You agree to indemnify, defend and hold
harmless MMS Lab and its affiliates against all claims, demands, causes
of action, losses, expenses, damages and costs, including without
limitation any reasonable attorneys' fees, resulting or arising from or
relating to your use of or conduct on the site, any activity related to
your account by you or any other person, any material that you submit
to, post on or transmit through the site, your violation of these Terms
of Use, your infringement or violation of any rights of another, or
termination of your access to this site.
Applicable Law;
Jurisdiction
This
Agreement shall be governed by and construed in accordance with the
laws of the State of Arizona without regard to choice of law rules.
Each user agrees to submit to personal jurisdiction in the State of
Arizona and further agrees that any cause of action arising from or
relating to the use of this site or this Agreement shall be brought
exclusively in Federal or State Courts for Yavapai County, Arizona, USA.
Severability;
Interpretation
If
any provision of this Agreement shall be deemed unlawful, void, or for
any reason unenforceable by a court of competent jurisdiction, the
validity and enforceability of any remaining provisions shall not be
affected. When used in this Agreement, the term "including" shall be
deemed to be followed by the words "without limitation."
Entire Agreement
This
Agreement constitutes the entire and only Agreement between MMS Lab and
each user of this site with respect to the subject matter of this
Agreement and supercedes any and all prior or contemporaneous
Agreements, representations, warranties and understandings, written or
oral, with respect to the subject matter of this Agreement. You agree
to review this Agreement prior to your use of this site and your use of
this site shall be deemed acceptance of and assent to this Agreement by
you.
Changes to Terms of Use
Agreement
MMS Lab may, in
its sole discretion, amend this Terms of Use Agreement from time to
time. Please check this Agreement area periodically for changes. Use of
this website after any modification implies that you consent to this
Agreement as modified.
Miscellaneous
The failure of MMS
Lab or its affiliates to insist upon strict adherence to any term of
this Agreement shall not constitute a waiver of such term and shall not
be considered a waiver or limit that party's right thereafter to insist
upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any
claim of cause of action arising from or relating to use of this site
or this Agreement must be filed within one (1) year after such claim or
cause of action arose, or will be forever barred. The "No Warranty -
Disclaimer" and "Limitation of Liability" provisions of this Agreement
are for the benefit of MMS Lab and its affiliates as defined herein,
and each of these individuals or entities shall have the right to
assert and enforce these provisions directly against you on its own
behalf.
With the prior agreement of MMS Lab, any claim,
dispute or controversy arising or concerning this site and/or this
Agreement shall be decided by binding arbitration with the Rules of the
American Arbitration Association and any such arbitration pro brought
and held in Yavapai County, Arizona, USA. The decisions of the
arbitrators shall be conclusive upon all parties involved and judgment
upon any award of the arbitrator by any court having competent
jurisdiction. This provision shall be specifically enforced by a court
of competent jurisdiction.