Terms and Conditions of Sale and Disclaimers
for Kollagen Intensiv™ Home Delivery Program
The following terms and conditions for participation in the Kollagen Intensiv™ Home Delivery Program (the “Program”), as well as all uses of associated web pages, all interpretations of associated products' disclaimers, any sale of Program-associated products, and any services rendered in association with the Program (“Terms”) constitute a binding agreement between you and Leading Edge Marketing, Inc. (the latter, Leading Edge Marketing Inc., is occasionally referred to as “we” or “us” below).
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR ENROLLING IN THE PROGRAM AND, IF ENROLLED, WHILE CONTINUING TO BE ENROLLED (“USE”). YOUR USE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT MAKE USE. ONLY THE TERMS IN EFFECT AS OF ANY PARTICULAR PERIOD OF USE SHALL GOVERN YOUR USE DURING SUCH PERIOD, UNLESS EXPRESSLY INDICATED OTHERWISE. THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, AND THEREFORE PLEASE REVIEW THE TERMS REGULARLY. CONTINUED USE AFTER AMENDMENT OF TERMS SHALL INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THE AMENDED TERMS, except for certain provisions which we expressly state below do not apply to customers who purchased products in the past (e.g., regarding possible changes in pricing and cancellation policies, which shall remain as they were at the time that such customers enrolled in the Program). You should print a copy of the Terms for future reference since, as noted, some changes in the future to Terms will not apply to you.
- For your current particular Use, these Terms supersede all terms and conditions that may have been published previously on this site, unless expressly indicated otherwise regarding prior Enrollment (as “Enrollment” is defined below).
- If you are not 18 years old, please ask your parents or other adults whether you are of age to use this website, enroll in the Program, and order goods and services via the Program. There may be local laws that make it inappropriate for you to enroll in the Program and use this website. You and the adults whom you must consult are solely responsible for determining if you may use this site lawfully and enroll in the Program.
- These Terms are subject to change at any time without notice, by our updating this posting. The new Terms will be binding upon you for all further Use, unless expressly indicated otherwise regarding prior Enrollment. If you do not wish to accept the Terms as amended, you must opt out of the Program, unless expressly indicated otherwise regarding prior Enrollment. If you choose instead to continue Use, such Use shall signify your unconditional acceptance of the Terms as amended. You should visit this page from time to time to review the then-current Terms.
- You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with the Terms.
- We attempt to ensure that information provided by us on this and other websites relating to the Program is complete, accurate and current. Despite all efforts, such information may occasionally be inaccurate, incomplete, or out of date.
- Descriptions, depictions, representations, and/or specifications for the products and services on offer through the Program are intended as a guide only and only give a general approximation of the efficacy of the products.
- You shall use this website and participate in the Program in a legal, honest, and inoffensive manner, in compliance with generally accepted internet usage practice, and in compliance with the prevailing standards of your own community.
- The Program and this website may offer online entertainment services that are adult in nature. They may involve graphic depictions and descriptions of explicit sexual activity and offer adult products for sale. You acknowledge that you are aware of the nature of the content on this site and the nature of the goods and services on offer in the Program, that you are not offended by them, and that you access this site and enroll in the Program voluntarily.
- These Terms are organized under titles in order to group information into “user-friendly” categories. The titles are not to be used for purposes of interpreting the Terms.
- In order to enroll in the Program, as well as to receive your first benefits, your credit card will be charged $4.95 (U.S. dollars) for shipping and handling (“Initial S&H Fee”). There will be no retroactive effect on customers who enrolled earlier when a different initial shipping and handling fee may have been in place.
- Enrollment in the Program is contingent on successful processing of the Initial S&H Fee.
- The Initial S&H Fee is non-refundable.
- Once the Initial S&H Fee is processed, you are enrolled in the Program (“Enrollment”)
- The Initial S&H Fee will cover shipping and handling for a month's supply of Kollagen Intensiv™, which consists of one (1) jar (the “Initial Membership Benefit”), and for any other benefits that you may have been offered and chosen to accept (“Extra Benefits”).
- Other than the Initial S&H Fee, there are no charges associated with the shipment upon Enrollment.
- Shortly after Enrollment, we will ship the Initial Membership Benefit and, if applicable, the Extra Benefits.
- If you do not cancel your Enrollment within thirty (30) days (inclusive) of Enrollment (“Trial Period”), your credit card will be charged $99.95 (U.S. Dollars) (“Continuing Membership Fee,” shipping and handling costs included), for a two (2) months' supply of Kollagen Intensiv™, which is two (2) jars (“Continuing Membership Benefit”).
- If you chose to receive Extra Benefits, your credit card will be charged an additional fee in the amount stated on the website for such item(s) at the time that you opted to receive Extra Benefits (“Extra Benefits Fee,” which is also in U.S. dollars). The Extra Benefits Fee is in addition to the Continuing Membership Fee. There are no additional shipping and handling charges to receive any Extra Benefits that you may have chosen. If the cost of such Extra Benefits changes on the website, you will continue to pay only the cost as it was stated on the website at the time of your Enrollment.
- At the end of the Trial Period, and for every two (2) months (sixty  days) thereafter, you will pay the Continuing Membership Fee (and Extra Benefits Fee, if applicable) and be shipped the Continuing Membership Benefit (and Extra Benefits, if applicable), for as long as you retain Enrollment.
- Cancellation is effected by calling our toll free number 1-866-269-1550 (9am - 10pm PST) (“Cancellation”). You may not cancel in any other manner unless expressly agreed in writing by us. Please note that you may cancel your Enrollment for Extra Benefits without affecting your Enrollment for the Initial Membership Benefit or Continuing Membership Benefit, and you may cancel Enrollment for the Initial Membership Benefit or Continuing Membership Benefit without affecting your Enrollment for Extra Benefits. Shipping and handling in the amount of $6.95 (U.S. dollars) will be charged for each shipment of Extra Benefits, along with the Extra Benefits Fee, if you choose to retain Enrollment only for Extra Benefits.
- Requests for Cancellation once the Trial Period is over must be made within twenty-four (24) hours of the sixtieth (60th) day from the day of the last charge to your credit card in order to avoid subsequent product shipments and charges.
- If the Continuing Membership Fee, Extra Benefits Fee, and/or shipping fees change in the future, prior enrollees will not be subject to changes. The pricing will remain as at the time of Enrollment for prior Enrollees. Similarly, in the event that the Trial Period is changed, this will not pertain to prior Enrollees.
- There shall be no refunds or product returns.
- Upon or after Enrollment, you might be extended additional one-time offers and discounts. Any additional one-time offer or discount shall be governed by the terms and conditions that you will find here.
- If you cancel Enrollment for all benefits for which you enrolled, you may not participate in the Program again. We will immediately terminate re-Enrollment, and we reserve the right to use any appropriate legal and equitable means to recover damages caused by your re-Enrollment.
- If you enroll more than once, whether under your name or under an alias, and you cancel one of the Enrollments, we shall be entitled to terminate all your Enrollments, and charge you for any product already shipped. We also reserve the right to use any appropriate legal and equitable means to recover damages caused by your multiple enrollments.
- It is your obligation to ensure that you maintain the e-mail address that you provided us when you enrolled in the Program, and that you check it regularly. We are not responsible for any consequences of your failure to receive messages from us due to your use of a different e-mail address than the one you provided us and/or your failure to check messages regularly at the e-mail address that you provided us.
- We have the right to refuse to accept any orders placed for our products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped.
- You are responsible for the accuracy of all information you provide that is necessary for us to process your order. If an order has not been shipped due to such inaccuracy, you alone are responsible.
- The provision of products and services is subject to availability. If products are out of stock, we will inform you as soon as possible. You will be given the option of waiting until the products are in stock or canceling your order.
- If you have any problems or concerns regarding our products, you can reach us via the customer service contact information supplied on this website.
- Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
- If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
- Any products purchased are for personal use only. The products can not be resold and cannot be given to any third party.
- The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantee the level of availability of this site for your orders or other Use.
- We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with its details upon request.
- We do not accept your order until we receive notice from our credit card processor that your payment has been authorized and/or we have received payment in full in cleared funds.
- If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
- The word "Liability," as used in these Terms, means any and all damages, claims, proceedings, actions, awards, expenses, costs and other losses.
- LEADING EDGE MARKETING INC. MAKES NO WARRANTIES FOR THE PRODUCTS SOLD ON THIS WEBSITE AND/OR THROUGH THE PROGRAM. LEADING EDGE MARKETING INC. MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS ON THIS SITE AND/OR THE PROGRAM FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LEADING EDGE MARKETING INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS ON THIS SITE AND/OR IN THE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- THE REPRESENTATIONS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS EXPRESSED BY LEADING EDGE MARKETING INC. ABOUT PRODUCTS PURVEYED IN THE PROGRAM ARE BASED ON REPRESENTATIONS AND CONCLUSIONS BY THIRD PARTIES INCLUDING THIRD-PARTY SCIENTIFIC AND MEDICAL RESEARCHERS, CUSTOMERS PROVIDING TESTIMONIALS, EXPERT ENDORSERS, INFORMATION FROM SUPPLIERS, PARTICIPANTS ON INTERNET FORUMS, AND AUTHORS WHO PUBLISH LITERATURE ABOUT THE PRODUCTS' INGREDIENTS AND THEIR EFFICACY. LEADING EDGE MARKETING INC. DOES NOT ITSELF REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ALL SUCH REPRESENTATIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
- LEADING EDGE MARKETING INC. SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR OTHER SITES ASSOCIATED WITH THE PROGRAM, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM SUCH WEBSITES.
- WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
- LEADING EDGE MARKETING INC. URGES YOU TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER COMPETENT MEDICAL PRACTICIONER BEFORE USING THE PRODUCTS OFFERED ON OR THROUGH THE PROGRAM, SINCE YOU MAY BE TAKING A MEDICATION OR MAY HAVE A MEDICAL CONDITION THAT MAKES SUCH PRODUCTS INAPPOROPRIATE FOR YOUR USE. LEADING EDGE MARKETING INC. DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITNG SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER.
- IF ANY DISPUTES ARISE BETWEEN YOU AND US AS A RESULT OF THESE DISCLAIMERS AND EXCLUSIONS OF WARRANTY AND LIABILITY, OR FOR ANY OTHER REASON, AND NEITHER OUR CUSTOMER SERVICE DEPARTMENT NOR GOOD FAITH MEDIATION IS ABLE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY, WE BOTH AGREE THAT SUCH DISPUTE SHALL THEN BE SETTLED SOLELY BY ARBITRATION STRICTLY BETWEEN YOU AND US, THE RESULT OF WHICH SHALL BE BINDING UPON ANY PARTIES INVOLVED, AND ANY JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. TO LEARN ABOUT THIS DISPUTE RESOLUTION POLICY IN FULL, PLEASE VIEW OUR ARBITRATION POLICY here.
- LEADING EDGE MARKETING INC. DISCLAIMS ALL LIABILITY FOR REPRESENTATIONS AND WARRANTIES MADE ON OTHER WEBSITES ABOUT THE PRODUCTS AND SERVICES ON OFFER THROUGH THE PROGRAM IF SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE INCONSISTENT WITH REPRESENTATIONS AND WARRANTIES MADE BY OR THROUGH THE PROGRAM.
- YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS LEADING EDGE MARKETING INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, DISTRIBUTORS, AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS AND/OR OF THE TERMS OF OUR ARBITRATION POLICY.
- THESE DISCLAIMERS AND EXCLUSIONS APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE ON OR THROUGH THE PROGRAM AND ITS ASSOCIATED WEBSITES.
- THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by Leading Edge Marketing Inc. You may not forward or copy any portion of this for any purpose other than your own personal reference.
- Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to Leading Edge Marketing Inc. or its affiliates. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of Leading Edge Marketing Inc. You are forbidden from copying or using these in any manner without the written permission of Leading Edge Marketing Inc. or other owner.
DATA PRIVACY AND SECURITY
- We do not sell databases to third parties that contain our customers' personal information. We are committed to safeguarding your personal information.
- We may contact you in the event that we wish to inform you of other products and services that we believe may interest you.
- If we are under an order from a court of law, law enforcement authority, or regulatory agency to render personal details of our customers, such a legal mandate may leave us no choice but to comply. Please be aware that every business, both on and off the internet, is subject to the same privacy limitation.
- When you order products and provide certain personal information such as your contact details, credit/debit card details, or other payment details, this information may be processed by us on servers that reside outside North America or the European Union. By placing orders for the products, you consent to the transfer of your data to the location(s) at which our servers reside.
- We may use a third party credit card processor to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card processors' handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.
- There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
- Our site may place cookies on your computer. Cookies are software applications placed on your hard drive by many websites. The aim of a cookie is to track your website preferences and habits in order to make visits more productive. You should ensure that your browser software is set not to accept cookies if you do not wish to receive them.
- You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.
- Leading Edge Marketing Inc. is not responsible for the content of any websites that link to this one, including such websites that review and/or promote Leading Edge Marketing Inc.'s products and services. A link to this site from another website does not imply that Leading Edge Marketing Inc. endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites.
- This site may contain links to websites owned or operated by parties other than Leading Edge Marketing Inc. Such links are provided for your reference only. Leading Edge Marketing Inc. does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Our inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
- No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision.
- If any provision of these Terms is held by any competent legal or regulatory authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
- We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
- All third party rights are excluded and no third party shall have any right to enforce these Terms.
- This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this website and/or the Program, except as expressly indicated otherwise. No modification of this agreement shall be effective unless it is authored by us and physically signed in blue ink by a director of Leading Edge Marketing Inc.
- The rules of arbitration, as set forth at our ARBITRATION POLICY shall govern the enforcement of the Terms between you and us.
- In light of the danger to public safety if products are resold, given the possibility of adulteration or contamination if products are offered on the market by persons who are not authorized dealers, persons who resell the products shall be subject to liquidated damages of $100,000.00 in addition to any other remedies available to us pursuant to the Arbitration Policy.
- If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us at Toll Free 1-866-269-1550 (9am - 10pm PST).