The parties to this agreement are Boomers Forever Young LLC, the owners of Boomers Forever Young LLC, www.boomerboost.com or its owners, agents, servants and/or employees, (Hereafter referred to as “SELLER,”) and you, the prospective purchaser, (Hereafter referred to as “BUYER”). Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.”
YOU MUST ACCEPT THESE TERMS, OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL BOOMERS FOREVER YOUNG LLC PRODUCTS TO YOU, AND YOUR ORDER FOR BOOMER FOREVER YOUNG LLC WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS. YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE. PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are Boomers Forever Young LLC, the owners of Boomers Forever Young LLC, the www.boomerboost.com website, and DBA boomerboost.com /or its owners, agents, servants and/or employees, (Hereafter referred to as “SELLER,”) and you, the prospective purchaser, (Hereafter referred to as “BUYER”). Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.”
The recipient of Boomers Forever Young LLC Products, where a Boomers Forever Young LLC Product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as ‘RECIPIENT”.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT The subject matter of this agreement is Boomers Forever Young LLC as described in promotional or sales materials on www.boomerboost.com and/or in an email message that references www.boomerboost.com, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the Boomers Forever Young LLC product, that is the subject matter of this Purchase Agreement.
The Boomers Forever Young LLC Product may be termed ‘product’ throughout this agreement, but the word ‘product’ shall mean the Boomers Forever Young LLC Product that is offered for sale as described in sales or promotional materials.
Buyer warrants an understanding that the Buyer has no license, permission, or right to duplicate the Boomers Forever Young LLC Product in any form or to sell it, distribute it or redistribute it, whether for profit or not for profit, to any person or entity for any reason.
Rights and Obligations of the Buyer
The Buyer must pay the full consideration for the Boomers Forever Young LLC Product that the Seller requires as the total price of the product. This consideration includes not only the purchase price but also other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego.
By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller, including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls, and/or text messages from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the product or any other product or service. The buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller.
Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including the address and phone number, may be placed in a general database and agrees that this information may be shared, rented, or sold to third parties. However, the Buyer shall always be fully empowered to sever contact with the Seller by notification using the ‘unsubscribe link in solicitations.
Moreover, the Buyer retains the right to refuse specific contact with some third-party solicitors and maintain it with others.
The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer’s agreement to accept solicitation and contact may be reduced, enhanced, limited, or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred to Buyer by the Seller.
The buyer accepts full responsibility for limiting unsolicited contact, and the Buyer understands that he or she retains all rights to directly restrict communication or solicitation from any party, including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by, or otherwise ascertained by electronic or other means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an email related to Boomers Forever Young LLC or other products and which will be able to determine if you retain the right and desire to receive shipments of the product. The buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller’s computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties and/or VAT taxes are collected at the point of sale by the Seller, the Buyer remains entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to Buyer’s instructions.
If for any reason, it should happen that the Seller’s courier or freight account is charged for custom duties and/or VAT taxes, instead of the Buyer paying the referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, is of legal age to enter into contractual agreements in the state in which he or she is present when he or she completes any purchase from Boomers Forever Young LLC and is the true and authorized owner of the credit card used to complete any purchases of Boomers Forever Young LLC Products.
If the true and/or authorized owner of the credit card attempts to perpetrate or actually perpetrates a fraud upon the Seller, then he or she hereby authorizes each and every credit card company and merchant service provider to disclose to the Seller all information that could be construed as proof of fraud, including proof of credit card fraud.
Buyer agrees that, in addition to paying actual damages to Seller, Buyer may owe Seller liquidated damages.
Guarantee and Warranty:
Boomers Forever Young LLC Products are sold ‘as is’ and without any warranty or guarantee of any kind, whether express or implied, and are being sold to Buyer with no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing to Buyer in terms of the Boomers Forever Young LLC products. There is no ‘warranty period’. There is only a refund period as described herein.
Returns and Refund Policy:
However, without waiving any rights and defenses as described herein, in the event that the Boomers Forever Young LLC product is deemed to be allegedly defective in the sole opinion and discretion of Seller, then the sole and exclusive remedy available to Buyer is to accept a replacement of the Boomers Forever Young LLC Product or accept a credit toward the purchase of another product, if any, that may be offered by the Seller from time to time at Seller’s sole discretion.
The period of time within which the Buyer must submit a report by email detailing in what way the Boomers Forever Young LLC Product is defective and requesting that a replacement product be shipped or requesting a refund is 60 days from the date of the initial placement of the order that resulted in the receipt of the allegedly defective product. During this initial 60-day period, the Buyer may request and will receive a refund for any reason.
During this initial 60-day period, Buyer may request a replacement product in lieu of a refund, which request may be granted by Seller, but Seller is and will continue to be under no obligation to do anything other than offer a refund to Buyer in the amount of the initial product purchase price.
If the sales or promotional material conflict with this “as is” warranty, then the sales and promotional material are herewith incorporated and shall be controlling.
However, in no case, shall the warranty period be construed to be longer than the refund period. ASSUMPTION OF RISK Buyer agrees to accept all risks associated with the purchase or use of Boomers Forever Young LLC Products, including but not limited to, ingestion of or application to Buyer’s person, the use of the Boomers Forever Young LLC Product personally or in business, all taxes and regulations that are or may be applicable to the purchase of Boomers Forever Young LLC Products, by Buyer, all legal compliance issues related to the product. Buyer warrants a complete and thorough understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from the purchase and/or use of Boomers Forever Young LLC Products.
Buyer agrees, as part of the consideration that is required to purchase Boomers Forever Young LLC Products, to carefully review and test this product during the refund period and to immediately and properly request a refund if the product is not deemed satisfactory to Buyer.
Limitation of Liability and Disclaimer
Buyer warrants an understanding, as required consideration, that the Seller of Boomers Forever Young LLC Products disclaims all liability for the product or damages resulting from the use of Boomers Forever Young LLC Products for any reason. Buyer alone accepts full responsibility for allowing others to use Boomers Forever Young LLC Products.
Buyer understands, acknowledges, agrees to, and accepts that Seller disclaims any and all liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer and/or others.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase and/or use of Boomers Forever Young LLC Products or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his/her purchase and/or use of Boomers Forever Young LLC, no matter what damage may be allegedly or actually caused by the purchase and/or use of Boomers Forever Young LLC Products, or no matter the harm or damage that may result directly or indirectly from the purchase and/or use of Boomers Forever Young LLC Products, for any reason whatsoever, that the absolute maximum extent of Seller’s liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using this product; Seller disclaims liability for Buyer’s interactions with advertisers on Boomers Forever Young LLC Products website or other websites. Seller disclaims liability for any of Buyer’s interaction with other visitors or other members of the Boomers Forever Young LLC Products website, if any.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller’s total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT Buyer agrees that the Seller’s total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND Buyer agrees that the Seller’s total liability for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION Buyer understands that some states do not allow the limitation of liability.
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT If claims about results from using Boomers Forever Young LLC Products were made and considered by Buyer, Buyer understands and acknowledges that such claims may be true for the persons who made the claims, including claims made by the Seller about his/her/its own experience with Boomers Forever Young LLC Products.
If Buyer is purchasing and/or using Boomers Forever Young LLC Products as a product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his/her/its understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller as described herein) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
Where this disclaimer and claims made in sales and promotional materials describing details pertaining to Boomers Forever Young LLC Products are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity.
The sole burden is exclusively upon the Buyer to substantiate any deliberate deception allegedly committed by Seller that, in specified ways, caused Buyer to purchase Boomers Forever Young LLC Products on one or more occasions. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer bring suit against the Seller and Buyer does not prevail in court or at arbitration.
No warranties are made whatsoever about the Boomers Forever Young LLC Products product, and Buyer warrants a clear understanding that Buyer’s sole and only course of action is to test the Boomers Forever Young LLC Products product within the extent of the refund period and if Buyer is not satisfied prior to the expiration of the refund period set forth herein, then to properly request a refund from Seller in the manner set forth herein and subject to other relevant terms and conditions.
Buyer, again, warrants a clear understanding and agreement that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for the purchase of this Boomers Forever Young LLC Products, the maximum amount of liability shall be the purchase price of the Boomers Forever Young LLC Products.
Thank you for visiting and shopping at www.boomerboost.com. The following are the terms and conditions that constitute our Shipping Policy.
All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.
If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in the shipment of your order, we will contact you via email or telephone.
Shipping charges for your order will be calculated and displayed at checkout. Delivery delays can occasionally occur.
Shipment confirmation & Order tracking:
You will receive a Shipment Confirmation email once your order has been processed containing your tracking number(s). The tracking number will be active within 24 hours.
Customs, Duties, and Taxes:
Boomers Forever Young is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Boomers Forever Young is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.
Our Return & Refund Policy provides detailed information about options and procedures for returning your order.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller’s sole discretion, and Buyer will receive no consideration in the event that Seller uses for commercial purposes the full or partial content of any and all communications with Buyer.
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using Boomers Forever Young LLC Products or information contained on the www.boomerboost.com website that results in a damage award against the Seller.
RIGHT TO STOP SELLING
Boomers Forever Young LLC Products TO CERTAIN PURCHASERS Buyer agrees that Seller has the exclusive and sole right to continue and/or discontinue the sale of the Boomers Forever Young LLC Products at any time, for any reason, with or without notice, subject only to the return policy set forth herein.
Buyer understands that the Seller may discontinue providing customer service to current or prospective purchasers of Boomers Forever Young LLC Products at any time with or without notice subject only to the return policy set forth herein.
California Residents Notes
You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. In the event the website elects at its sole discretion to release any information to you, you must properly identify yourself to the website in a manner that is appropriate under the circumstances as the named customer who has previously purchased Boomers Forever Young LLC Products.
We are doing this to protect private customer information from being inadvertently provided to unauthorized persons such as identity thieves. The required identifying information may include credit card information, social security numbers, notarized copies of state-issued identification, or other identification that is deemed sufficient to allow our counsel to determine that it is appropriate to release account information – in the event that we divulge the information at all without a court order directing us to do so.
The arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. The hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to seek relief in court or to demand or otherwise be entitled to have a jury trial for any matter arising from the purchase and/or use of Boomers Forever Young Products or the material set forth in Boomers Forever Young Products advertisements or promotions.
Buyer also acknowledges and agrees that Buyer will not have any right to engage in pre-trial discovery except as may be provided in the American Arbitration Association rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute and/or arbitration, including, but not limited to, attorney fees, collection fees, investigation fees, travel-related expenses, and other costs as may be deemed appropriate.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, whether pre-arbitration or post-arbitration, Buyer knowingly acknowledges and agrees that the sole, exclusive and proper jurisdiction shall be the County of Pinellas, State of Florida declared in the contact information.
In the event that litigation is initiated in federal court, the proper court selected by the party that initiates litigation shall be the USDC for the Middle District of Florida, the closest federal court to the Seller’s address.
APPLICABLE LAW Buyer agrees that the applicable law to be applied in all cases shall be the law of the State of Florida.
NOTICE Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
COSTS The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs associated with the arbitration or litigation, including filing fees, investigation fees, collection fees, travel expenses from the other party, and others. MODIFICATION This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer. ENFORCEABILITY OF PROVISIONS In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
Waiver of Breach
The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
By taking the affirmative step of clicking the “I Accept” button, or checking an Acceptance box, and purchasing any Boomers Forever Young LLC Product, you, the Buyer, voluntarily and knowingly attest that you have fully read, understood, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
User Opt In The Program allows Users to receive SMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program. You agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or predetermined mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt-out if you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, STOPALL, to any mobile message from Us in order to opt-out of the program. You may receive an additional mobile message confirming your decision to opt-out.
You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by an individual(s) who are later assigned that mobile telephone number.
This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et sec., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the management of the user's digital subscription, services, and events.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. Participant requirements you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service.Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18)years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction Applicable Law to use and/or engage with the Platform.
You acknowledge and agree to not send any prohibited content over the Platform.
Prohibited content includes
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act)
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.Dispute resolution the event that there is a dispute, claim, or controversy between you and Us, or between you and ReChargeSMS or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ReChargeSMS’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement.
In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.
The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable, such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement as modified.
Boomers Forever Young
5401 Central Ave
St. Petersburg, FL 33710