Advanced Test-O-Boost Program —Terms of Offer
Any statements on this site or any materials or supplements distributed or sold by www.niwali.com have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
How Does the Auto-Ship Trial Offer Work?
A. You will receive the product for free; however, you must pay a shipping and handling fee of $4.99 for us to send you a 10 day trial supply of Advanced Test-O-Boost. We ship the product the day after you place your order (except that orders placed Friday-Sunday will be shipped the following Monday). We allow up to 4 days for you to receive the trial supply. Thus, in order for you to have 14 days to try the product, we consider the end date for your trial period to be 14 days after you place your order, which is 10 days plus 4 days for processing and transit.
B. b) If you do not call customer service to cancel within  days of ordering your free trial, you will continue with our auto-ship program. See details below.
Unless you cancel before the end of your trial period as specified above, we will ship your first 30-day supply of Test-O-Boost at the end of your trial period. Thereafter, you will continue to receive a fresh 30-day supply of Advanced Test-O-Boost each month for as long as you stay a member of our auto-ship program. The card you provided when you ordered the trial product will be automatically charged $59.95 (plus tax if applicable and shipping for orders outside the US) when each new product ships. To cancel future shipments in the auto-ship program, you must call 1-800-209-0445 at least 1 day prior to the date that your next monthly delivery ships. Our customer service center is open Mon-Fri: 9am - 6pm Central Time and Sat: 9am - 1pm Central Time.
The Advanced Test-O-Boost Guarantee:
Return Policy for Auto-Ship Deliveries
Platinum Success LLC retains a total guarantee of customer satisfaction on all Advanced Test-O-Boost auto-ship products. If you, the buyer, are unhappy with the product for any reason — even if you've used the full supply of the supplement— you can return the empty bottle for a full refund of the purchase price minus shipping and handling. To obtain your refund, you must do the following: Call us at 1-800-209-0445 Mon-Fri: 9am - 6pm Central Time and Sat: 9am - 1pm Central Time. You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, your return must be received at our shipping facility within 30 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department is NOT allowed to accept any packages without an RMA number. You pay for return shipping.
Address the return package to: niwali.com: 22100 E 26th Avenue 100 Aurora, CO 80019. We will not accept or issue a refund for any packages marked return to sender or refused that do not include a valid RMA number. If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes 3-5 business days or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
Return Policy for Standard Deliveries
To be considered for reimbursement, products purchased through standard delivery ("all non-auto-ship purchased products") must be unopened and in the original packaging. To return a product you must do the following: Call us at 1-800-209-0445, Mon-Fri: 9am - 6pm Central Time and Sat: 9am - 1pm Central Time, within 30 days of purchase (Product issues not declared within 30 days of purchase are not entitled to a refund. You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 30 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department does NOT accept any packages without an RMA number. You pay for return shipping.
Address the return package to: niwali.com: 22100 E 26th Avenue 100 Aurora, CO 80019. We will not accept or issue a refund for any packages marked return to sender or refused. If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes 2 business days or less to process your refund. Once a return is processed, it usually takes 3-5 business days for this return to be posted to your account, depending on your financial institution.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and between Platinum Success LLC ("we" or "us") and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, "you"). This TOS governs your use of the niwali.com web site ("Web Site") and the services we offer on the Web Site ("Services"), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
Information and Content
All material present on niwali.com, whether text, video, audio, or any other form is subject to intellectual property rights such as copyright, trademark and other property rights. This material is property of the respected owners. All rights are expressly reserved. Reproducing, copying, manipulating, or using this information without the prior written consent of the legal owner of such material could result in civil or criminal prosecution.
niwali.com is designed for personal, non-commercial use. We would like to inform you that using any material or information from our site for any non-personal purpose could be considered illegal and may result in criminal or civil prosecution.
niwali.com will not be held responsible in the event that you encounter material that you deem offensive, indecent or otherwise objectionable.
Errors, Mistakes and Missing Information
Despite our tireless efforts, niwali.com cannot guarantee that our website will be completely free of errors and misleading information. In the event of an error or other content related issue, niwali.com reserves the right to correct such error without notification. niwali.com also reserves the right to cancel any order that may have been made under the pretense of such error. In the event where an order is canceled, but has been paid for, the user will receive a full refund.
Please note that all customer feedback given to niwali.com shall be considered the property of niwali.com. This includes all customer communication, testimonials and contact information. By releasing this information to niwali.com, you are hereby giving niwali.com the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of niwali.com.
Taxes will be calculated based on the laws of the jurisdiction in which the product is scheduled to be delivered.
Use by Minors
To purchase a product from niwali.com you must be the legal age of majority as stated by the law of the jurisdiction in which you reside.
By purchasing a product from niwali.com you are agreeing to pay any and all charges associated with the purchased product.
niwali.com reserves the right to limit quantities products. niwali.com also reserves the right to eliminate products from our website, cancel orders or prohibit access to certain pages at any time.
niwali.com shall not be held liable for any damages resulting from the misuse of any product. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner.
niwali.com shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.
niwali.com or any affiliated party is not responsible for any damages, either in contract, warranty, tort (including passive or imputed negligence), product liability, strict liability or other theory, that may result from the use of our website.
Please note that the services provided by niwali.com are available only on an as is and as available basis. niwali.com is not responsible for any and all losses, whether direct or indirect, exceeding the price of the goods purchased.
niwali.com may link to websites outside the control of niwali.com. Please understand that a link should be in no way considered an endorsement of a website. niwali.com cannot be held liable under any circumstances for any damages that may occur as a result of a user visiting a page through an outbound link.
It is illegal to use niwali.com for any illegal or destructive purpose. This includes any use of the website that could result in damaging, disabling, overloading or in any other way compromising the website.
Accessing or attempting to access information not intentionally made available to you is illegal and may result in civil or criminal prosecution.
Misrepresenting your identity while using niwali.com will be considered a clear violation of our terms of service and may result in you being banned from the website and possibly civil or criminal prosecution.
As a user of niwali.com, you are responsible for any monetary charges resulting from your use of the site. These fees include any claim, cause of action, demand, including but not limited to, legal, accounting and any other fees that result from the use of the website.
User Right to Termination
You must agree to these terms of service in order to use niwali.com. If you can not or decide you do not want to agree with the Terms of Services displayed on this page, you are prohibited from using this website and should leave niwali.com immediately.
In the event that one or more of the provisions of niwali.com's terms of service is regarded as unenforceable, the remaining provisions will continue to be in place and enforced to the greatest extent of the law.
Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Indemnification. You agree to defend, indemnify and hold the Web Site, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
((a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THE PRODUCTS, AND SERVICESON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY 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.
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
Force Majeure. You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event the Website will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Domestic Use; Export Restriction. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Termination. We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site.
Integration. This TOS contains the entire understanding between you and us regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
These terms of service, and furthermore, the use of niwali.com shall be governed solely by the laws of the state of Florida and consequently the laws of United States of America.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the use of niwali.com.
Please feel free to contact us, if you have any questions regarding our terms of service.