TERMS & CONDITIONS

Alpha Evolution Products

Terms of Use & Conditions of Sale

LAST UPDATED: 04/10/2021

Contact Details

Contact customer service for any reason at 855-322-2104 or by email at [email protected].

User Agreement

You must read and agree to these Terms and Conditions before placing Your order for the 14 Trial Offer of  Alpha Evolution Vital Keto. By placing Your order for the 14 day Trial Offer of Alpha Evolution Vital Keto and free trial issue of The Fitness Index eBook You agree to be bound by the following Terms and Conditions:

ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“You”, “Your” or “Customer”), and Alpha Evolution Products, the sellers of Alpha Evolution Vital Keto and Alpha Femme Uitra Detox, and the owner and administrator of this Website and all content and functionality contained herein (“Our”, “Us”, or “Company”) (collectively, the “Parties” or “We”). These terms and conditions, as well as any additional terms, conditions and covenants referenced in this document (collectively, these “Terms”, “Terms of Use” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).

ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with Alpha Evolution Products through the Website or customer service center, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Policy. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.

These Terms of Use constitute the entire agreement between Alpha Evolution Products and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I Agree”; “Rush My Order”; “Complete Checkout”; “Submit” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.

You further agree not to use or access the Website if doing so would violate the laws of Your state, province, or country. At the top of this page appears a “Last Updated” date. A changed “last updated” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

Product Disclaimer: The statements regarding these products have not been evaluated by the Food and Drug Administration (“FDA”). This product is not intended to diagnose, treat, cure or prevent any disease.

The information on this Website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses without consulting your doctor. You also understand that our products are not intended or to be used to treat any type of medical condition.

WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or herbal medications.

Alpha Evolution Vital Keto 14 day Trial Offer Terms and Conditions:

Upon signing up for your trial offer, the credit card you provide will be charged a One-time Shipping & Handling fee disclosed on the website and you will be shipped a 1 month supply of Alpha Evolution Vital Keto and your free trial issue of The Fitness Index eBook. If you contact customer service to terminate your trial enrollment before 14 days after the date that you enroll in the Program, you will not receive any additional product and you will not be charged anything else.

Unless you cancel prior to the 14th day from the day you place your order, you will automatically be charged the full purchase price (US$128.25) on the 14th day and you will be enrolled in our auto-recurring shipment plan (“Subscription Plan”). You will be sent a 30-day supply about every 30 days thereafter, and you will be charged US$128.25 plus applicable taxes to the same card that you used at the time of your order, until you cancel. You will also receive a new issue via email of The Fitness Index eBook every 30 days, and your card will be charged US$4.95 plus applicable taxes. You acknowledge and agree that your enrollment in the Subscription Plan constitutes preauthorization to be charged for each installment, and Alpha Evolution Products will not obtain additional authorization from you after today for charges to your credit card or debits made from your debit card account. You are solely responsible for any overdraft charges or fees you incur resulting from any purchase you make of any Merchandise, and enrollment and continued participation in the Subscription Plan.

Summary of charges/cancellation timing

Upon confirming your order you will be shipped one trial bottle of Alpha Evolution Vital Keto. You can cancel your auto-shipment program and avoid further monthly charges at any time by contacting customer service at 855-322-2104 24 hours a day, 7 days a week. Your enrollment date is the date that you submit your order for the trial product. Orders are shipped the next day, excluding weekends and holidays, in which case your order will be shipped the morning of the next business day. Alpha Evolution Products does not guarantee specific arrival dates or times.  Alpha Evolution Products does not refund delivery or handling charges for any shipments. 

PLEASE NOTE: Shipping is generally about 4 days, however it may take longer. This is not a guarantee of delivery in 4 days. Regardless of the shipping time, your trial period is 14 days from the date of purchase.

By proceeding with your purchase, you acknowledge and agree that Alpha Evolution Products will not obtain additional authorization from you for each future installment of the US$128.25 auto-shipment program and US$4.95 The Fitness Index eBook subscription that will be charged to the credit card you provided initially. You agree that as part of the auto-shipment program, Alpha Evolution Products will ship a new supply every month. In addition, you do not hold Alpha Evolution Products responsible for any overdraft charges or fees which you might incur during the ongoing auto-ship program Membership .

IMPORTANT: If you do not receive your shipment prior to 14 days from the date you place your order, please contact us immediately so we can address the situation appropriately. 

Refund Policy

1. We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company.

2. We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company.

3. In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered. Multiple refunds for purchases processed in multiple months are not permitted – i.e. We will only consider refunding the most recent month’s transaction and never multiple past months.

4. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.

5. To request a refund, you must contact Our Customer Service Department at 855-322-2104. 

6. Shipping and handling costs are not refundable. 

Credit Card Declines

In the event a credit card transaction is declined, after product has been shipped or received, and you have not exercised your cancellation rights per the terms and conditions, we reserve the right to reprocess the transaction in full. This includes the right to resubmit the charge on or about every two (2) days from the original declined transaction date and up to three (3) additional attempts thereafter. In the event of subsequent credit card declines, you authorize us to re-submit a reduced amount from one-half (1/2) or one-third (1/3) of the full purchase price until the full amount is obtained.

Damaged or Incorrect items

In the event that your order arrives damaged, or you receive the wrong item, please call our Customer Service Department at 855-322-2104 within 5 business days. Damaged orders not reported within five (5) business days of delivery confirmation cannot be adjusted, credited or replaced.

NEGATIVE OPTION CLAUSE

BY PROCEEDING WITH THIS PURCHASE, YOU UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR US$128.25 PER MONTH FOR Alpha Evolution Vital Keto AND US$4.95 FOR The Fitness Index eBook IF YOU FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Alpha Evolution Products DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Alpha Evolution Products OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. Alpha Evolution Products ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Alpha Evolution Products WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Alpha Evolution Products FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Alpha Evolution Products DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Alpha Evolution Products WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

You agree that Alpha Evolution Products’s entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Alpha Evolution Products in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Alpha Evolution Products was aware of or advised in advance of the possibility of damages or such CLAIMS. You understand that this is a significant limitation on your right to sue Company and you should not proceed if you do not agree. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.

YOUR REPRESENTATIONS

You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Alpha Evolution Products has the right to rely upon all information provided to Alpha Evolution Products by You, and Alpha Evolution Products may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.

SMS and Auto Dialed Calls

By contacting Alpha Evolution Products online and sharing your telephone number with Alpha Evolution Products—even if you do not complete a transaction and close the internet page—you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/pre-recorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing the goods or services that Alpha Evolution Products offering. Standard text message rates and cellular data charges apply. You may opt-out by replying “stop” to any message that you receive.

INTELLECTUAL PROPERTY

The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Alpha Evolution Products or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.

WEBSITE USER CONDUCT AND RESTRICTIONS

You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not use the Website for any unlawful purpose;

LINKS

The Website may provide links to other World Wide Web sites or resources. Alpha Evolution Products has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Alpha Evolution Products’s Website.

FORCE MAJEURE

Alpha Evolution Products shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Alpha Evolution Products’s performance.

INDEMNITY

You agree to defend, indemnify, and hold harmless Alpha Evolution Products, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.

Reversals and Chargebacks

We consider chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services

DISPUTE RESOLUTION BY BINDING ARBITRATION

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the National Arbitration Forum (“NAF”), and conducted under NAF’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “NAF Rules”) then in effect at the time of the dispute. You may obtain copies of the NAF Rules and forms and instructions for initiating arbitration by visiting the NAF website at www.adrforum.com, or by calling NAF at 1-800-474-2371. If you initiate arbitration, Alpha Evolution Products will reimburse you for any standard filing fee which may have been required by NAF once you have notified Alpha Evolution Products in writing and provided a copy of the arbitration proceedings. However, if Alpha Evolution Products is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorney’s fees and costs to Alpha Evolution Products. If for any reason the NAF is unavailable, the parties shall mutually select another arbitration forum.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Alpha Evolution Products and may not preside over any kind of representative or class proceeding against Alpha Evolution Products, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Alpha Evolution Products, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, AND NOT USE OUR PRODUCT OR WEBSITE, PURSUANT TO THESE TERMS AND CONDITIONS.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.

NO WAIVER

No waiver of or by Alpha Evolution Products shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

HEADINGS

All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.

COMPLETE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

MODIFICATIONS OF AGREEMENT

Alpha Evolution Products reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Alpha Evolution Products does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Alpha Evolution Products in writing, these terms and conditions may not be amended by You.