Terms & Conditions

Last modified: June 13, 2012

Welcome To FixaFungus.com!

Thank you for using our information and products. FixaFungus.com (“Site”) is owned and operated by Olorin, Inc. (“Olorin”).  We at Olorin hold ourselves to a high standard of quality and integrity with FixaFungus.com. We take pride in making sure that you, our valued customer, knows that Olorin recognizes and supports your rights when you visit this Site.

Each time you use or cause access to this website, you agree to be bound by these Terms of Use, which can be amended at any time without notice to you.  Please also read the Site’s Privacy Policy, which is referenced from within these Terms of Use.

Our Order Acceptance Policy

Our confirmation of your order through electronic (or other forms) means that we have received it. The order confirmation you receive only constitutes that you offer to buy a product from us. Our confirmation of your order does not mean that we accept your order, nor does it represent our offer to sell.

If we need to back order an item to complete your order, we will notify you of this as well as the status of the back-ordered item. In this case:

  1. Your shipping charges will still equal that for the “Order Total” shown in your original order confirmation.  However, you will not be billed for additional shipping charges to complete your order.
  2. You will not be billed ahead of time for items that we must back order. You are only billed for a product when it is shipped to you.

For your protection, our credit department may require additional verification for orders over $200.00 (U.S.).

We currently do not accept orders from customers who live outside of the United States.

Further, we maintain the right to discontinue selling our products to anyone without notice. Please know that our products are intended for personal, not commercial or business use.

Payment Methods We Accept

FixaFungus.com accepts Visa, MasterCard, and American Express.  We also accept payments through PayPal and Google Wallet. Once we ship your order, we will notify you through email.

Please help us provide you with prompt and reliable service by making sure you include the following with every order:

  1. Your complete shipping address.
  2. Your email address where we can notify you of your shipped order(s).
  3. Your phone number where we can contact you about your order (if necessary).

Pricing and Product Availability Notice

The prices and availability of products on FixaFungus.com are subject to change without notice.

Our customers acknowledge that there could be that very rare instance where an Order or Shipping Confirmation has been received and, due to order process timing and product demand, the product is no longer available.  If this happens to you, you agree that we may rescind our acceptance and cancel your order without penalty if we cannot ship the order due to product unavailability.

Our Shipping Policy and Notice

At Olorin, we are committed to you receiving your order quick and secure. If we have to send you multiple shipments, you only pay shipping charges once. And you are charged only for your products that have shipped. We value your business and respect your time and money.

All orders accepted at FixaFungus.com receive “expedited handling” and USPS priority shipping service with delivery confirmation. We try to ship the same day all orders accepted before 3pm Eastern Standard Time. (We do not ship on Saturdays, Sundays, or Holidays.)

Shipments to remote or rural locations will require additional time for delivery.

You may be required to sign for delivery.

Currently, we do not ship anywhere outside of the United States.

We will notify you that your product has shipped by sending you an email to the address you gave us when you placed your order. Multiple shipments may be required to complete your order in the case where we may need to back order one or more products. If you need additional order or shipping status, please send an email to our Customer Service Department with your query. We want you to be assured and comfortable about your order.

Shipping Charges

Shipments that are refused or can’t be delivered may be subject to a 15% restocking fee.

Total Order Charges Shipping Charge
  US Only
$0 – $50 $8.95
$50+ $11.95

Our Refund Guarantee

FixaFungus is confident in our products and committed to providing you with the most advanced fungus fighting solutions. Because we know you will be delighted with the items you buy from us, we offer a 110% customer satisfaction guarantee for all products sold by our company to the original purchaser.

Take 60 days – that’s two months – to use the products you purchase from us absolutely risk free. We’re confident they will exceed your expectations. If for any reason they don’t – simply send them back. We will even pay you an extra 10% for having tried them. That’s how confident we are in our products!

Our Return Policy

Just follow these simple steps to return the unused portion of your product to get your 110% “No Hassle” refund:

  1. Send an email to returns@fixafungus.com within 60 days of the original order date and request your refund.
  2. We will provide you with a special number called the RMA along with shipping instructions to return the unused portion of the product.
  3. When we receive your return shipment, FixaFungus.com will either cancel the original credit card authorization or issue a full refund of the product purchase price if you have already been charged. (We don’t refund the shipping and handling charges.)

Please note the following restrictions and your agreement regarding refunds:

  • We offer the 110% refund one time per household. (What constitutes a household is at Olorin’s sole discretion based on customer order data and IP address.)
  • We will refuse a refund to anyone we suspect of having taken advantage of FixaFungus.com’s satisfaction guarantee on more than one occasion.
  • Providing you a refund in accordance with the terms and restrictions that are set forth herein is the full and complete liability that FixaFungus.com has to you.
  • You acknowledge the 60 day refund period as set forth herein and you agree that the length of the refund period is reasonable.
  • You agree to try the FixaFungus.com product during the initial 60 day period following your product order as a material consideration required by FixaFungus.com as part of the purchase price.
  • You warrant that you will make a determination during the initial 60 day period if the product is as described and to decide whether you wish to keep the product.
  • If you do not notify FixaFungus.com during the refund period in the manner described herein, you agree that FixaFungus.com may construe silence as a full, complete, and final acceptance of the terms of the sale of FixaFungus.com products and you will have no further right of redress or refund for any reason.

Promotional Offers

From time to time, we may offer a special promotion where you can receive an item we are promoting at no cost or a discounted price. A promotion like this will be attached to a purchase you make. If you return the purchased item for a refund, you must also return the attached promotional item. Otherwise, we may charge you a small fee for the promotional item if you keep it in this circumstance.

Disclaimer of Warranties

OLORIN MAKES NO WARRANTIES WHATSOEVER ABOUT THE PRODUCTS SOLD ON FIXAFUNGUS.COM. YOU AGREE THAT YOUR SOLE AND ONLY COURSE OF ACTION IS TO TEST THE PRODUCTS YOU PURCHASE FROM THIS SITE WITHIN THE REFUND PERIOD SET FORTH IN THESE TERMS OF SERVICE, THEN TO REQUEST A REFUND IN ACCORDANCE WITH THE TERMS HEREIN AND SUBJECT TO OTHER RELEVANT TERMS AND CONDITIONS.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF FIXAFUNGUS.COM AND INFORMATION OR SERVICES PROVIDED IS AT YOUR OWN RISK. PRODUCTS FOR PURCHASE, SERVICES, AND INFORMATION ARE PROVIDED TO YOU “AS IS”, AND OLORIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (THIS INCLUDES, BUT IS NOT LIMITED TO, THE DIAGNOSIS, TREATMENT, OR PREVENTION OF DISEASE AND/OR OTHER MEDICAL CONDITIONS) AND NON-INFRINGEMENT.

OLORIN MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER OLORIN NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLEY AT YOUR OWN RISK, AND THAT OLORIN WILL NOT BE HELD LIABLE IN ANY WAY.

Limitation of Liability

YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO OLORIN THAT ARISES FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED, NO MATTER THE AMOUNT OF DAMAGES CLAIMED. IN NO EVENT SHALL OLORIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUETIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD ON THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OLORIN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, MEDICAL EXPENSES RESULTING FROM USE OF PRODUCTS OR INFORMATION AVAILABLE FROM THIS SITE,  LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OLORIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

WE MAY NOT UPDATE OUR WEBSITE ON A REGULAR BASIS. THE INFORMATION AND MATERIALS CONTAINED ON OUR WEBSITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS OR OTHER ERRORS. WE MAY CHANGE THE INFORMATION ON OUR WEBSITE AT ANY TIME WITHOUT NOTICE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

  1. ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE FIXAFUNGUS.COM WEBSITE.
  2. THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRODUCTS SOLD ON THIS SITE.

Indemnification

You agree to indemnify and hold harmless Olorin and Olorin’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

Links

FixaFungus.com may provide links to other websites and other websites may link to FixaFungus.com. Olorin has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Olorin site. We do not endorse any third-party site , nor have we taken any steps to confirm the accuracy or reliability of any of the information or merchandise contained in such third-party sites or content. Neither Olorin nor its affiliates, employees, managers, members, officers, attorneys or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to FixaFungus.com.

Use of Content

Information obtained from FixaFungus.com is not intended to diagnose, treat, cure or prevent any disease. General information found on this Site may relate to various medical conditions and their treatment. However, this Site is not qualified to provide medical advice. Information on this Site is provided for informational purposes only and is not a substitute for consultation with a qualified healthcare professional.

Users of this website should be aware that products under development described herein have not been found to be safe or effective by any regulatory agency such as the Food and Drug Administration and are not approved for any use outside of clinical trials.

FixaFungus.com may alter, modify, substitute, delete, or restrict access to its content, or discontinue distribution of this Site, at any time and at its sole discretion.

You are welcome to download the content of this website for your personal and non-commercial use. No modification or further reproduction of the contents is permitted. By making content available to you, Olorin is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Olorin’s prior written consent.

Intellectual Property

FixaFungus.com and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, trademarks 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 Olorin.

Privacy and Use of Questions and Comments

Olorin is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to FixaFungus.com without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information.

Governing Law

This website is managed by Olorin, Inc. from its office in Wilmington, Delaware. Your access and use of this website and the contents hereof shall be governed by and interpreted in accordance with the laws of Delaware. FixaFungus makes no representation that the information contained in this website is appropriate or available in other locations where the content and access thereto may be illegal. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction situated in Delaware.

Copyright Infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Olorin’s copyright agent may be contacted at contact@olorininc.com

Arbitration

Any disputes that cannot be resolved between the customer and Olorin, Inc. through communication between the parties shall be resolved through arbitration administered by the applicable procedures of the American Arbitration Association (“AAA”). BY ENTERING INTO THIS CONTRACT TO PURCHASE MERCHANDISE FROM THIS WEB SITE, BOTH PARTIES ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. The demand for arbitration must be in writing and must be made by the aggrieved party within sixty days of the event giving rise to the demand. The arbitration shall take place in New Castle County, Delaware, and shall be based on the laws of the State of Delaware. The decision of the arbitrator shall be binding and conclusive on the parties and not revisable for error of law or legal reasoning of any kind. Judgment upon the award rendered by the arbitrator may be entered in any court having proper jurisdiction. Each party to the arbitration shall bear their own costs including attorney’s fees. Both parties shall pay the fees for the arbitrator equally.

THIS AGREEMENT REPRESENTS ALL OF THE TERMS AND CONDITIONS AGREED TO BY THE PARTIES (FixaFungus.com AND CUSTOMER) AND SUPERCEDES ALL OTHER COMMUNICATIONS BETWEEN BOTH PARTIES.

THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE (EXCLUSIVE OF CONFLICTS OF LAW PRINCIPLES) AND WILL, TO THE MAXIMUM EXTENT ALLOWABLE, BE DEEMED TO CALL FOR PERFORMANCE IN NEW CASTLE COUNTY, DELAWARE.

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