Welcome to Fai Loa, LLC., a brand and website (“Website”) of
The Agreement is the contract that governs your relationship with Company for any purchases or other transactions with Company through the Website. It is your exclusive obligation to review this Agreement carefully. Please do so. If you do not agree to be bound by all provisions, do not purchase any products from the Website.
Use of the Website and products and services offered by the Company (“Products” or “Product”) are available to and may be purchased by only such individuals who are: (1) at least 18 years of age, and (2) capable of entering into enforceable and legally binding contracts. The Company, in its sole discretion, may, at any time and for any reason, deny and/or reject any order made by anyone. When you access the Website, you: (1) certify you are at least 18 years of age, and (2) agree to provide true, accurate, current, and complete information when prompted by the Website and/or Company to enter and/or disclose such information.
When you transact any business with the Company, including but not limited to your placing any order on the Website, you expressly acknowledge this Agreement is enforceable and legally binding, and provides the binding terms and conditions for your use of the Website and the purchase of any Products. In submitting any order for any Product, you expressly certify that you read, understood, and agree to be bound by all of the Terms and Conditions herein and the Agreement.
Fai Loa products.
For your convenience, we offer three one-time purchase options:
5 Bottles (One-time shipment with five Product containers);
3 Bottles (One-time shipment with three Product containers); and
1 Bottle (One-time shipment with one Product container).
One-time purchase means a one-time purchase. You place one order, you receive one shipment, and your credit card is charged one time. There is no trial period, no obligation to purchase any additional Product, and no obligation to enter into a Subscription.
As consideration for Company’s sale and delivery of Products to you, you agree to timely pay all sums due and owing (including the purchase price of Products and related shipping and handling costs). For your convenience and at your option, you may elect to pay with a credit card or debit card.
You expressly acknowledge and agree that the Company may rely upon your click and submission of an order as confirming your agreement (1) to purchase the Products ordered and (2) to be bound by this Agreement.
You expressly acknowledge and agree that the Company’s reliance upon your click and submission is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws recognizing only paper and handwritten signatures. You expressly waive any claim and/or right purporting to require only paper and handwritten signatures, in favor of your click and submission as described herein.
Any and all Products you purchase from the Company are subject to the terms of this Agreement. Any and all risk of loss or damage, and title for Products, pass to you upon the Company’s delivery of the Products to the carrier for your benefit.
REFUND POLICY AND PROCEDURE:
All sales are final once the Product is delivered by the Company to the carrier. However, the Company, in its sole discretion, may offer a refund of up to the purchase price for authorized, returned products. The Company is entitled to retain a restocking fee of $20.00 or 20% of the total purchase price, whichever is greater. Due to the nature of the Product, the Company can only process refund for unused Product returned in an acceptable condition suitable for resale, received within 30 days from the date the order is placed. If you are not satisfied with your purchase, please call customer service at 1 (801) 215-9411 , and a customer service representative will assist you in processing any eligible refund request pursuant to the Company’s Refund Policy and in the Company’s sole discretion.
To properly ensure the processing of an authorized refund, and as a requirement of our Refund Policy and Procedure, you must call customer service to obtain an RMA number and to process your refund request. By way of illustration and not limitation, packages marked “Return to Sender” or “Refused” WILL NOT be eligible for refunds. All refund requests require three to five business days for approval.
By completing an order, you acknowledge, understand, and agree to be bound by the Refund Policy and Procedure stated herein. You also acknowledge and understand that adherence to the Refund Policy and Procedure is strictly required and is your sole responsibility. You acknowledge that failure to follow the Refund Policy and Procedure, including your obtaining an authorized RMA, may result in Company’s inability to authorize or process a refund.
PROCEDURE TO CANCEL:
As stated previously, to cancel an order, contact customer service at 1
(801)215-9411 . You may also send an email with the written subject heading “Cancellation” to email@example.com. In the event that your email fails to contain the appropriate subject heading, your cancellation may not be processed. By transacting business with Company through the Website, including submission of any order for any Product, you expressly acknowledge, agree, and understand that written cancellation is required to cancel any order, and is your sole responsibility.
GOVERNING LAW, FORUM, AND DISPUTE RESOLUTION:
You expressly acknowledge and agree that Pennsylvania law governs this Agreement, and that the only appropriate forum for any action, dispute, or proceeding is within Pennsylvania.
For purposes of the Dispute Resolution Policy below, a “Dispute” is defined as any controversy, claim, dispute, or difference arising between you and the Company out of or relating to this Agreement, the Products, your transacting business with Company, or your use of the Website in any way.
Dispute Resolution Policy: Any Dispute shall be resolved solely and exclusively by arbitration to be held in Pennsylvania by a single disinterested arbitrator and pursuant to Pennsylvania law. You expressly acknowledge that arbitration does not permit class action proceedings, and by entering into this Agreement, you expressly waive any right to participate in a class action proceeding, either as a representative, participant, or member, and you expressly agree to proceed in a non-class arbitration. Except as may be required to enforce an arbitration decision, you and the Company expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.
DISCLAIMER OF WARRANTIES:
ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU BY THE COMPANY AND THROUGH THE WEBSITE, AND THE WEBSITE ITSELF, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED IN WRITING BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH, THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING BY THE COMPANY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE, IS AT YOUR SOLE DISCRETION AND RISK.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF CONFORMANCE TO THE STANDARDS OF TRADE FOR THE PRODUCTS OFFERED THROUGH THE WEBSITE, AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING BY COMPANY. YOU ALSO AGREE THAT THE COMPANY’S SOLE LEGAL RESPONSIBILITY AND LIABILITY FOR ANY UNTIMELY OR NON-DELIVERY OF PRODUCT, FOR NONCONFORMING PRODUCTS, OR FOR MISHANDLING OR PRODUCT DEFECTS OF ANY KIND, SHALL BE TO REFUND THE PURCHASE PRICE PAID FOR, OR TO REPLACE, ANY PRODUCT, IN THE COMPANY’S SOLE DISCRETION. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO USE THE WEBSITE OR TO USE THE PRODUCTS.
INTEGRATION, ACCEPTANCE, AND SEVERABILITY:
You expressly acknowledge and agree that you have read, understand, and agree to be bound by the terms and conditions of this Agreement. This Agreement constitutes the entire, complete, and only agreement between you and the Company as to your access or use of the Website, your purchase and/or use of Products, and your transacting any business with the Company in any way. You expressly acknowledge and agree that this Agreement supersedes all prior or contemporaneous agreements, representations, warranties, or understandings, oral or written, and that you did not rely on any statements or representations outside of this Agreement.
The content of this Agreement, and the content, analyses, opinions, research, and any other information provided by or through the Website, through customer service representatives, and/or through any other agent of the Company, may be updated or amended from time to time, in whole or in part, without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued access or use of the Website, or receipt and acceptance of new Products shall constitute your acceptance of all of the terms and conditions posted at the time of those specific transactions. You agree to regularly check the Website for such updates or amendments.
If any term or provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable by a court or tribunal having authority and jurisdiction over the matter, that term or provision shall be deemed severable and shall not affect the validity and enforceability of any other term or condition.
FAI LOA LLC.
5200 South Pinemont Drive
Murray, UT 84123
HIPAA NOTICE: FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE COMPANY IS NOT A COVERED ENTITY. THE INFORMATION PROVIDED BY YOU TO THE COMPANY IS NOT CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, ANY ADDITIONAL PRIVACY AND/OR SECURITY PROTECTIONS UNDER HIPAA ARE NOT CONTEMPLATED BY, OR CONTAINED WITHIN, THIS AGREEMENT.