By placing this order through this website, you agree to all of the terms and conditions set forth below. These Terms and Conditions constitute a legally binding Agreement (hereinafter referred to as "Agreement") between you, the Customer, and Brain Health Breakthroughs, the Company. This Agreement governs your use of this website and the products offered on this website. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sub-license from materials or content available on this website, except as expressly set forth in this Agreement. You may only use this website or make purchases from this website if you are of legal age in your state. You must comply with all of the terms and conditions of this Agreement, the policies referenced below, and all applicable laws, regulations and rules. You may not infringe any patent, trademark, trade secret, copyright, right of publicity, nor shall you not defame, abuse, harass or disrupt or interfere with the security or use of this website. You shall also not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited solicitation.
Accordingly, by accessing and using this website, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. HEALTH DISCLAIMER. ANY STATEMENTS ON THIS WEBSITE REGARDING ANY OF THE MATERIALS OR SUPPLEMENTS DISTRIBUTED OR SOLD BY COMPANY HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS SOLD ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. IF YOU ARE PREGNANT, NURSING, TAKING MEDICATION OR HAVE A MEDICAL CONDITION, WE STRONGLY RECOMMEND THAT YOU CONSULT WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS. THE RESULT OF ALL PRODUCTS ARE TYPICAL, BUT NOT EVERYONE WILL EXPERIENCE THE SAME RESULTS. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE
2. CONFIDENTIALITY. Unless otherwise noted, all information received by Customer from the Company is deemed confidential including, but not limited to, pricing, product specifications and facility information. Please see our Privacy Policy on this website.
3. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY LAW, COMPANY SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR AP ARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF CONDUCT OR USAGE OF TRADE. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE PRODUCTS OTHER THAN PROVIDED IN THIS SECTION. COMPANY EXPRESSLY DISCLAIMS 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 AND CLAIMS BY THIRD PARTIES FOR ANY INDIRECT, PUNITIVE INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OF THIS WEBSITE AND THE PRODUCTS SOLD ON THIS WEBSITE.
4. AUTO-SHIP AND TRIAL OFFERS TERMS AND CONDITIONS
Auto-Ship:
When you order a product online on our Auto-Ship offers, you will be enrolled into our Auto-ship program (“Program”). At the time of enrollment, you can enjoy our product, which will be replenished at the frequency of the Program. Your enrollment in the Auto-Ship program will be ongoing and remain in effect until you cancel it. If at any time you are not satisfied with your purchase, you may call to cancel the Program. To cancel future shipments in the Auto-Ship program, you must call 800-893-1694 at least 1 day prior to the date that your next delivery ships.
Trial Offers:
For orders placed online on our Trial Offers, you agree to the following:
A. By accepting a Trial Offer, you agree that the Company will enroll you into a continuity program during your trial period.
B. As part of the trial offer, you will receive 2-bottles of fresh product as part of our trial offer and pay a non-refundable $9.95 shipping and handling fee.
C. IF YOU SIGN UP FOR A TRIAL OFFER, YOU WILL BE ENROLLED IN OUR AUTOSHIP PROGRAM UNLESS YOU CANCEL WITHIN 30 DAYS OF PLACING YOUR ORDER.
D. If at any time within the trial period you are not satisfied with the product, simply contact us at 800-893-1694 within the 30-day trial period to ensure you are not charged for the product you received as part of our trial offer, or in the future.
E. Your membership in the program will remain in effect until you cancel. You agree that if you do not contact us to cancel your enrollment into our Auto-Ship program up to 1 day before your trial period is over, the Company shall charge you on the 30th day of your trial period and continue to automatically charge you for every consecutive ship cycle as part of your Auto-Ship enrollment until you cancel your program.
F. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS.
G. BY PROCEEDING WITH YOUR PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT HYPERION LLC WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH FUTURE INSTALLMENT OF THE AUTOMATIC SHIPMENT PROGRAM THAT WILL BE CHARGED TO THE PAYMENT CARD YOU PROVIDED INITIALLY. IN ADDITION, YOU DO NOT HOLD HYPERION LLC RESPONSIBLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR DURING THE ONGOING AUTO-SHIP PROGRAM.
H. We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. We reserve the right to refuse or discontinue the supply of product on Auto-Ship to any user at any time in our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 800-893-1694.
RETURN POLICY FOR TRIAL PERIOD OFFERS. Hyperion LLC offers a 30-day Satisfaction Guarantee on all trial offers. If you, the customer, are not satisfied with the product for any reason during your trial period as stated, even if you have used a full supply of the supplement, you can return the empty or unused bottle (s) and you will not be charged another cent. Please note, we do not refund the initial shipping and handling charge. Even if you do not contact us before your 30-day trial period ends, orders will be covered under our 90-day money back Satisfaction Guarantee as outlined in the section below. If you are not satisfied, simply call us at 1-800-893-1694 or email customerservice@brainhealthbreakthroughs.com for instructions on the returns and refunds process. Return packages should be sent to:
When the shipping department receives your request, it can take up to 5-7 business days to process your refund. Once a refund is processed, it can take up to one billing cycle for the refund to be posted to your account, depending on your financial institution.
Please note Hyperion LLC reserves the right to deny refunds for abuses of its return policy.
RETURN POLICY FOR ALL ORDERS AND DELIVERIES UNDER THE 90-DAY SATISFACTION GUARANTEE. Hyperion LLC offers a 90-day money back Satisfaction Guarantee on all orders, including auto-ship products. If you are not satisfied with the product for any reason, even if you have used a full supply of the supplement, you can return the empty or unused bottle (s) for a full refund of the purchase price only – we do not refund shipping charges. To obtain your refund, you must call us at 1-800-893-1694 or email customerservice@brainhealthbreakthroughs.com for instructions on the returns and refunds process. Return packages should be sent to:
When the shipping department receives your request, it can take up to 5-7 business days to process your refund. Once a refund is processed, it can take up to one billing cycle for the refund to be posted to your account, depending on your financial institution.
Please note Hyperion LLC reserves the right to deny refunds for abuses of its return policy.
5. SALES TAX. If you purchase any products from this website, you will be responsible for any applicable sales tax indicated on the website.
6. FRAUD. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other type of fraud on the Company. We may, in our discretion, require further authorization from you such as 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 website 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.
7. THIRD PARTY WEBSITES. This website may contain links to other websites on the internet that are owned and operated by third parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the third-party website or those associated with its use and operation. You therefore agree that Company shall not be liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such materials available on or through any such site or any such dealings or promotions.
8. COMMENTS. All comments, feedback, suggestions, ideas, and other submissions that you disclose, post, submit or offer to us in connection with your use of the website shall become the exclusive property of the Company. We will own exclusively all such right, title and interest and shall be limited in any way in the use, commercial or otherwise, of any comments. We are under no obligation to maintain any comments in confidence, pay you or any third-party compensation for such comments, or respond to any comments. You shall remain solely responsible for the content of any comments you make on the Company’s website.
9. LIMITATION OF LIABILITY. Company shall not be responsible or held liable to Customer for indirect, consequential, incidental, special or exemplary damages including, but not limited to, loss of revenue or anticipated profits, loss of investment, loss of product, business interruption or lost business, personal injuries or any payments due to personal injury. Notwithstanding the foregoing, Company’s liability, including obligations under indemnity, shall be limited to the value of the product(s) actually purchased by Customer from the Company that gave rise to the claim or liability, These terms shall apply regardless of the form or cause of action, whether in contract, tort or otherwise, and extends to Company’s employees, agents, assigns and representatives.
10. INDEMNIFICATION. Customer shall indemnify, defend and hold Company, its’ successors, assigns, affiliates, officers, directors, affiliates, employees, agents, representatives, members and shareholders harmless from and against any and all claims, demands, losses, liabilities, costs, damages and causes of action, including reasonable attorney fees and costs, arising out of or in any way related to Customer’s negligence, acts or omissions, whether arising out of contract, tort or otherwise, unless due to Company’s willful acts or omissions.
11. VENUE AND CHOICE OF LAW. The terms of this Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. The parties agree that Virginia courts shall have jurisdiction and be the proper venue with respect to enforcement of this Agreement, whether through litigation, arbitration, mediation or otherwise. Customer waives the right to a trial by jury in any action relating to this Agreement.
12. ATTORNEY FEES AND COSTS. Customer shall be liable to the Company for reasonable attorney fees and costs incurred by the Company for enforcement and collection of this Agreement, whether such fees and costs are incurred in or out of court.
13. ARBITRATION. All disputes arising out of or relating to any purchase made on this website or use of this website shall be solely resolved by arbitration in accordance with the rules of the American Arbitration Association ("AAA") in effect at the time of the dispute. Arbitration shall be conducted in Rockbridge County, Virginia. Each party shall be responsible for its own attorney fees and costs in filing for arbitration. However, if Company prevails in arbitration, Customer shall reimburse Company for all reasonable attorney fees and costs, as set forth in Paragraph 12 of these Terms and Conditions. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
14. WAIVER OF CLASS ACTION RIGHTS. Any dispute arising out of or relating to any purchase made on this website or use of this website shall be submitted individually by Customer rather than part of any class action suit. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION OR OTHERWISE.
15. ASSIGNATION. Customer may not assign its rights or obligations under this Agreement without Company’s consent. This Agreement shall be binding upon the parties hereto, their heirs, assigns or successors in interest by merger, operation of law, or by purchase of the entire or substantially all of the business of either party.
16. ACCEPTANCE. Customer acknowledges that, before accepting any goods and services from Company, it has read and understood all of the terms and conditions herein and agrees to be bound by them.
17. CONFLICTS. The terms of this Agreement shall control if it conflicts with the terms of the Customer’s purchase order.
18. SEVERABILITY. If all or any part of this Agreement is rendered invalid or unenforceable pursuant to a court order or judicial decree, then the remainder shall remain valid and enforceable according to its terms.
19. CONTENT. Company attempts to ensure that the information on this website is complete and accurate. However, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. Company assumes no responsibility for such errors or omissions, and reserves the right to (I) revoke any offer state on its website, (ii) correct any errors, inaccuracies or omissions, and (iii) make changes to price, content, promotions, product descriptions or specifications, or other information on the Website.
20. ELECTRONIC SIGNATURE. When you place your order, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic signature constitutes your consent to be bound by these Terms and Conditions, as well as any and all applicable statutes, regulations, rules, ordinances or other laws including, but not limited to, the United States Electronic Signatures in Global and National Commerce Act ("the "E-Sign Act") and other similar statutes. Further, you hereby waive any rights or requirements under any statutes, regulations, rules ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic record, or to payments or the granting of credit by other than electronic means.
21. CONTACT INFORMATION. Questions regarding Company’s Terms and Conditions should be sent to us at customerservice@brainhealthbreakthroughs.com.