This agreement is in effect as of June 29, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Please look at the bottom of this page for the last updated date.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. PhytAge Laboratories will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. While PhytAge Laboratories strives to keep product orders consistent in ingredients and appearance, we do not guarantee our ability to do so, due to the potential need to pull products for the same order from different lot numbers, and other factors beyond our control.
All content and materials available on https://www.fightfungusnow.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of PhytAge Laboratories, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by PhytAge Laboratories
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by PhytAge Laboratories. from our offices located in the state of NY, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of NY, by accessing our website, you agree that the statutes and laws of NY, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, NY, you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Definition of an “honest try”, “fair shot” and similar terms refer to the conditions upon which we will provide you with a check for $100:
1) You must purchase and receive at least a 90-day supply of Urgent Fungus Destroyer through this online promotion.
2) Within 48 hours after receiving your first bottle of Urgent Fungus Destroyer, take a picture of your affected nails and a bottle of Urgent Fungus Destroyer with the current day's newspaper (showing the date clearly). This is Day 1.
3) On Day 1, and for the next 89 consecutive days, take Urgent Fungus Destroyer as instructed on the product label.
4) Keep a daily journal of the dates and times you used Urgent Fungus Destroyer, and any noticeable improvements in relation to nail fungus, for the full 90 days.
5) If after 90 consecutive days of taking Urgent Fungus Destroyer you have not noticed your nails showing any signs of fungus improvement, take another picture of your affected nails with the then current newspaper and the bottle of Urgent Fungus Destroyer (showing the date clearly).
6) Send your Day 1 and Day 90 pictures, along with your completed journals, within 48 hours after Day 90 to:
Urgent Fungus Destroyer “Honest Try” Guarantee
1732 1st Avenue #28568
New York, NY 10128 USA
The photos and journal must be sent via a carrier who will provide a) a tracking number for the package and b) a confirmation signature once the package has been delivered.
7) If we agree that you have given Urgent Fungus Destroyer an "honest try" and still haven't seen positive results, we'll mail you a check for $100 within 7 business days after receiving your materials.
8) Failure to comply with all of the above requirements will result in automatic disqualification of the "honest try" guarantee. Further, you acknowledge that in the event of any dispute, the decision by PhytAge Laboratories shall be final.
9) You must be at least 18 years old to participate in the "honest try" guarantee. If you have any pre-existing medication conditions, consult a qualified healthcare professional before participating. Participants assume all risk.
Orders are typically shipped out within 2-3 business days and received within 10-12 business days. If you have any questions regarding your order status, you can call us at 1-800-822-5753 or email [email protected]
In order to claim a money back guarantee, contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write the RMA number on the outside of the shipping package, and return the bottle(s), whether empty or containing any remaining portion of the product, back to our fulfillment center within ninety-seven (97) days from the date your order was delivered, for a full refund. You pay for return shipping. Any money back guarantees claim received by us more than ninety-seven (97) days after the date the products were delivered will not be accepted. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 3-5 business days to show in your statement, depending on the speed of the processing bank.
UNLESS OTHERWISE EXPRESSED, PhytAge Laboratories EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Inquire for PhytAge Reseller/Distribution Program opportunities.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
1732 1st Avenue #28568
New York, NY 10128
37 Inverness Drive East, Suite 100
Englewood, CO 80112
This policy was last modified on June 29th, 2015.