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Terms & Condition of Sale

MD NUTRICOSMETIC LABS, LLC d/b/a LANAKIN (together with its affiliates “MDNL”) Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY.

THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH LANAKIN. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and MDNL. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile or otherwise. (References to “you” or “your” shall relate to the Customer; references to “MDNL” shall relate to MDNL and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and MDNL relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by MDNL. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity, enforceability thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), MDNL’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Consumer shall have the ability to choose between these two forums as well as choose a venue that is convenient for Consumer. Additionally, MDNL shall bear the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and MDNL. Hearings shall be held as provided by the Code and if any in-person hearing is required, it shall be held in a venue chosen by Consumer. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration; provided however, in the event that Customer should prevail on its claim against MDNL then Customer shall be entitled to recover attorneys’ fees from MDNL to at least the same extent as Customer would recover in court.

THIS SALE AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE NAF PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALE AGREEMENT, YOU AND MDNL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Opt-out: You may opt-out of this dispute resolution provision only by notifying MDNL within 30 days of the date that it first applies to you. You must do so by writing to MD NutriCosmetic Labs, LLC, 770 Sycamore Avenue, Suite 122-109, Vista, CA 92083, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with MDNL through arbitration.

Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IN THE EVENT, AND FOR WHATEVER REASON, SHOULD THE ARBITRATION CLAUSE ABOVE BE INAPPLICABLE, THEN CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SAN DIEGO COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by MDNL is MDNL’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).

Export Sales
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.

General Legal Disclaimer
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MDNL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REFUND OF PRICE PAID OR REPLACEMENT OF PRODUCT IS YOUR EXCLUSIVE REMEDY.

Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, MDNL reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While MDNL uses reasonable efforts to include accurate and up-to-date information on the Site, MDNL makes no warranties or representations as to the Site’s accuracy. MDNL assumes no liability or responsibility for any errors or omissions in the content on the Site. By clicking the ‘Finalize Order’ button you are agreeing to purchase the supply you placed into your cart.  If you are receiving the Trial Supply for free, you are agreeing to enrollment in our PSP program. You have no obligation to buy anything in the future as long as you call to cancel the auto-shipments within 10 days after your order ships. As part of this offer, if you do not cancel, we will send you a fresh full size supply of LANAKIN beginning 10 days and every 26 days thereafter, charged to the same card you provided. You may cancel by calling 1-888-373-7819.  Applicable Local Sales Tax will be added for California.

I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT I MAY BE LIABLE FOR PAYMENT GOODS AND SERVICES UNDER THE TERMS AND CONDITIONS OF SALE, IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED BY PLACING MY ORDER, I PROVIDE MY ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST MY CREDIT OR DEBIT ACCOUNT UNLESS I CALL TO CANCEL.

Limitation of Liability
MDNL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. MDNL WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, MDNL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Orders; Payment Terms; Interest; Taxes
Terms of payment are within MDNL’s sole discretion, and unless otherwise agreed to by MDNL payment must be received by MDNL prior to MDNL’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by MDNL Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. MDNL may invoice parts of an order separately. Orders are not binding upon MDNL until accepted by MDNL. Any quotations given by MDNL will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Freight Policy
Shipping and handling charges on all orders vary; contact your MDNL Customer Service for our most current and competitive rates, options and shipping specials.

Return Policy
All products shipped by MDNL have a 30-day money-back guarantee less shipping and handling. Return authorization numbers must be received from Customer Service and written on the shipping box. Please contact Customer Service with any questions about MDNL’s guarantee at 1-888-373-7819, The above mentioned Guarantee & Return Policy applies to Internet and TV purchases directly from LANAKIN only.

MDNL reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY.

Severability
If any provision of this Sale Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

Acceptance
By ordering any product from MDNL, whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as any other Contract terms contained elsewhere on the LANAKIN site.

Credit Cards
Credit card charges are processed online after ordering the products and/or services.

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