I hereby request and authorize Global Nutraceuticals, LLC (“GLOBAL”) to charge my credit card (“Credit Card”) for purchases, including recurring monthly purchases, being made through any of the e-commerce websites owned and/or operated by GLOBAL or one of its affiliates (“Payment Obligation”).
This authority is to remain in full force and effect until GLOBAL has received written notice from me of its termination in such time and in such manner as to afford GLOBAL a reasonable opportunity to act on it.
I acknowledge that origination of transactions to and/or from my credit card account must comply with the provisions of U. S. law.
This information will only be used by GLOBAL and may be stored by GLOBAL for future purchases I may make. I understand GLOBAL will keep this information strictly confidential in accordance with U.S. laws.
TERMS AND CONDITIONS
AGREEMENT AND AUTHORIZATION
1.1: Charges. GLOBAL shall not initiate a transaction in connection with a Payment Obligation for the purpose of charging the Credit Card without your express authorization via another agreement, for example, a purchase/sale agreement giving rise to such Payment Obligation.
1.2: Your Information. The Parties expressly acknowledge and agree that with respect to transactions pursuant to this Agreement, GLOBAL and GLOBAL’s bank are entitled to reasonably rely on the information provided by You regarding the Credit Card and further that it is Your responsibility to provide GLOBAL with accurate, complete and timely information including any changes to such information regarding the Credit Card.
2.1: Confidential Information. Information that is considered confidential by either Party includes all electronic communications exchanged between the parties during the term of this Agreement including without limitation, the Credit Card information. Such information shall be held in confidence by the recipient and shall be disclosed only to those of its employees or authorized representatives who require access in the performance of his or her duties to the recipient. The recipient will exercise reasonable care in the safeguarding of such Confidential Information. The Parties expressly acknowledge and agree that all electronic communications exchanged between them during the term of this Agreement shall remain confidential and shall be solely used for the specific purpose for which it was intended by the sender.
2.2: Exceptions. Neither Party shall be liable for the disclosure or use of any information that
(a) is, or becomes, publicly known, other than by breach of this Agreement; (b) is obtained by the recipient from another person without restrictions; (c) is previously known by the recipient without restrictions; (d) is, at any time, developed by the recipient independently of any disclosures hereunder; (e) is disclosed pursuant to the consent of the Party that considers such information confidential; or (f) is required to be disclosed by law, provided that prior to disclosing such information the recipient shall notify the other Party of the demand to disclose or provide the information and the recipient agrees to reasonably cooperate if the other Party deems it necessary to seek a protective arrangement.
3.1: Limitation of Liability/Indemnification. GLOBAL specifically disclaims any and all liability that may arise under this Agreement. You agree to indemnify and hold GLOBAL harmless for all costs and expenses including, without limitation, reasonable attorneys’ fees and costs incurred by GLOBAL and GLOBAL’s bank in defending such claims and causes of action related to the actions of You or Your bank or Third Party Service Provider or arising from GLOBAL and/or GLOBAL’s bank’s reasonable reliance on information provided by You pursuant to this Agreement.
3.2: Consequential Damages. Neither Party shall be liable to the other under this Agreement for any indirect, special, incidental, punitive or consequential damages, even if such Party had been advised of the possibility of such damages.
3.3: Costs. Each Party shall bear the respective fees and other charges assessed by its designated banks and Third Party Service Providers.
CHANGES, SUSPENSION AND TERMINATION
4.1: Change of Designations. You may change Your designation of an account, bank, or Third Party Service Provider by written notice to GLOBAL. Any such change shall be effective no less than fifteen (15) days after the other Party receives notice of such change from the Party entitled to make the original designation.
4.2: Suspension of Operations. Either Party may suspend operations under this Agreement upon reasonable and timely notice to the other Party, in the event that the notifying Party has a good faith belief that there exists or may exist a breach of this Agreement.
4.3: Termination of Agreement. Either Party may terminate this Agreement upon thirty (30) days written notice to the other. Notwithstanding such termination, this Agreement shall remain in effect as to all funds transfers that have been initiated by GLOBAL and not cancelled prior to termination of this Agreement.
5.1: Notice. Any notice required herein shall be given in writing by certified mail return receipt requested or by overnight mail service to the party’s address set forth in this Agreement.
5.2: Waiver. No provision of this Agreement or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the Party claimed to have waived such provision or breach. No waiver of a breach shall constitute a waiver of or excuse of any different or subsequent breach.
5.3: Merger, Consolidation, etc. Any of the rights and obligations of GLOBAL under this Agreement may be assumed by any subsidiary or affiliate company of GLOBAL (including any successor corporation, whether by merger, consolidation, or reorganization), without prior written consent. Any reference in this Agreement to GLOBAL shall include its directors, officers and employees, as well as the directors, officers and employees of any of its subsidiaries or affiliate companies (including any successor corporations, whether by merger, consolidation or reorganization) and GLOBAL or its successor corporation shall be responsible and liable for all rights and obligations in connection with this Agreement.
5.4: Governing Law. This Agreement shall be governed by the applicable laws of the State of New Jersey.
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