TERMS OF SERVICE

Last Updated: 03/09/2020

WELCOME TO FORMULA SECRETS. WE LOOK FORWARD TO HELPING YOU ELEVATE YOUR STATUS BEYOND ANYTHING YOU HAVE DONE BEFORE, SO YOU CAN TAKE YOUR PERSONAL LIFE  AS FAR AS YOU CAN IMAGINE. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS AS A FORMULA SECRETS USER. BY SIGNING UP FOR FORMULA SECRETS, YOU INDICATE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU WILL BE BOUND BY ITS TERMS.

I. DEFINITIONS

A. “FORMULA SECRETS” IS A TRADEMARK OF FORMULA SECRETS

B. “PARTIES” MEAN FORMULA SECRETS AND YOU. FORMULA SECRETS AND YOU ARE EACH A “PARTY.”

C. “TERMS” MEAN AND REFER TO THE TERMS AND CONDITIONS SET FORTH HEREIN.

D. “USER” REFERS TO A PERSON WHO HAS CREATED A FORMULA SECRETS ACCOUNT. “USER ACCOUNT” REFERS TO A USER’S FORMULA SECRETS ACCOUNT.

E. “YOU” AND “YOUR” MEANS THE FORMULA SECRETS USER WHO HAS EXECUTED THIS AGREEMENT BY SIGNING UP “I AGREE.”

II. BECOMING A FORMULA SECRETS USER

BY CLICKING “SIGN-UP” TO THESE TERMS, TRANSFERRING PAYMENT TO FORMULA SECRETS, AND CREATING A USER ACCOUNT, YOU BECOME A FORMULA SECRETS USER. THERE ARE VARIOUS PRODUCTS AND SERVICES AVAILABLE TO USERS, AND MONTHLY PRICES APPLICABLE TO SUCH PRODUCTS AND SERVICES. FORMULA SECRETS PRODUCTS, SERVICES, AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. PRICE CHANGES ARE EFFECTIVE ON THE FIRST DAY OF THE MONTH. , BY “SIGNING UP” AND PROVIDING FORMULA SECRETS YOUR CREDIT CARD INFORMATION YOU AUTHORIZE FORMULA SECRETS TO CHARGE YOUR CREDIT CARD IN THE AMOUNT INDICATED FOR THE VALUE OF THE SERVICES YOU SELECT, INCLUDING ANY FUTURE PRICE CHANGES. BY YOUR CONTINUED USE OF FORMULA SECRETS SERVICES, AND UNLESS YOU TERMINATE THIS AGREEMENT AS PROVIDED HEREIN, YOU AGREE THAT ETISON MAY CHARGE YOUR CREDIT CARD MONTHLY FOR THE PRODUCTS AND SERVICES YOU HAVE SELECTED, AND YOU CONSENT TO ANY PRICE CHANGES FOR SUCH SERVICES.

III. TERM AND TERMINATION

YOUR USER CONTRACT WITH FORMULA SECRETS BEGINS WHEN YOU SIGN-UP AND WILL CONTINUE UNTIL EITHER:

A. FORMULA SECRETS CANCELS YOUR ACCOUNT DUE TO YOUR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT. IN THE EVENT THIS AGREEMENT IS CANCELLED DUE TO YOUR BREACH, YOU WILL NOT BE ENTITLED TO PRO-RATE YOUR LAST MONTH’S USE, NOR WILL YOU BE ENTITLED TO ANY REFUND FOR ANY PAYMENTS YOU HAVE MADE TO FORMULA SECRETS.

OR

B. YOU PROVIDE FORMULA SECRETS A TEN (10) DAYS’ E-MAIL NOTICE, AS PROVIDED HEREIN, OF YOUR CANCELLATION OF YOUR ACCOUNT. IF YOU PROVIDE SUCH NOTICE LESS THAN TEN (10) DAYS BEFORE THE FIRST DAY OF THE NEXT MONTH, YOUR CREDIT CARD MAY STILL BE CHARGED. YOU WILL NOT BE ENTITLED TO PRO-RATE YOUR LAST MONTH’S USE, NOR WILL YOU BE ENTITLED TO ANY REFUND FOR ANY PAYMENTS TO FORMULA SECRETS.

OR

C. YOUR CREDIT CARD OR FORMULA SECRET’S CHARGE IS DENIED FOR ANY REASON AND YOU DO NOT PROVIDE FORMULA SECRETS A NEW CREDIT CARD WITHIN TEN (10) DAYS.

IV. REFUNDS FOR “HARD GOODS”

IF YOU HAVE PURCHASED A “HARD GOOD” (FOR EXAMPLE, A BOOK, MP3 PLAYER, OR OTHER TANGIBLE PRODUCT) FROM FORMULA SECRETS SOLD UNDER ANY OF ITS BRANDS OR RELATED BRANDS, INCLUDING WITHOUT LIMITATION FORMULA SECRETS, YOU MAY RECEIVE A LIMITED REFUND IF YOU COMPLY WITH THE FOLLOWING CONDITIONS:

1. YOU MUST REQUEST A REFUND IN WRITING BY CONTACTING INFO@FORMULA-SECRETS.COM;

2. YOUR REQUEST FOR A REFUND MUST BE MADE WITHIN FOURTEEN (14) DAYS OF YOUR PURCHASE;

3. YOU MUST RETURN THE HARD GOODS TO FORMULA SECRETS IMMEDIATELY, ACCORDING TO THE SHIPPING AND OTHER INSTRUCTIONS YOU WILL RECEIVE BY EMAIL AFTER REQUESTING A REFUND;

4. THE HARD GOODS MUST BE RETURNED TO FORMULA SECRETS IN LIKE-NEW, OR RE-SELLABLE CONDITION, AS DETERMINED IN FORMULA SECRETS SOLE, REASONABLE DISCRETION.

V. NO LICENSE TO USE FORMULA SECRETS MARKS

ANY CONTENT ON ANY FORMULA SECRETS WEBSITE MAY CONSTITUTE THE INTELLECTUAL PROPERTY OF FORMULA SECRETS. EXCEPT WHERE EXPRESSLY AUTHORIZED, NO MATERIAL ON ANY FORMULA SECRETS WEBSITE MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, UPLOADED, DISPLAYED, POSTED OR TRANSMITTED IN ANY WAY WHATSOEVER. THE FORMULA SECRETS TRADEMARK AND LOGO ARE PROPRIETARY MARKS OF FORMULA SECRETS, AND THE USE OF THOSE MARKS IS STRICTLY PROHIBITED. NOTHING HEREIN GIVES YOU THE RIGHT TO USE, COPY, REGISTER AS A DOMAIN NAME, REPRODUCE, OR OTHERWISE DISPLAY ANY LOGO, TAGLINE, TRADEMARK, TRADE NAME, COPYRIGHTED MATERIAL, PATENT, TRADE DRESS, TRADE SECRET, OR CONFIDENTIAL INFORMATION OWNED BY FORMULA SECRETS OR ANY OF FORMULA SECRETS’ AFFILIATES.

VI. INDEMNITY.

YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS FORMULA SECRETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNER(S), AND PARENT COMPANY(IES) AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER WITHOUT LIMIT ARISING OUT OF YOUR CONDUCT. YOUR INDEMNITY OBLIGATION INCLUDES, BUT IS NOT LIMITED TO, ANY THIRD PARTY CLAIM AGAINST FORMULA SECRETS FOR LIABILITY FOR PAYMENTS FOR, DAMAGES CAUSED BY, OR OTHER LIABILITY RELATING TO, YOU.

VII. NO WARRANTY; NO LEADS.

FORMULA SECRETS DOES NOT PROMISE, GUARANTEE OR WARRANT YOUR IMAGE SUCCESS, INCOME, OR SALES. YOU UNDERSTAND AND ACKNOWLEDGE THAT FORMULA SECRETS WILL NOT AT ANY TIME PROVIDE SALES LEADS OR REFERRALS TO YOU. ADDITIONALLY, FORMULA SECRETS’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FORMULA SECRETS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY KAIJU HOLDINGS, INC. OR FORMULA SECRETS WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. FORMULA SECRETS MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY FORMULA SECRETS WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY FORMULA SECRETS WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY FORMULA SECRETS' WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY FORMULA SECRET’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE FORMULA SECRETS WEBSITES MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT CONFLICT WITH THESE TERMS. IN THE EVENT OF ANY CONFLICT BETWEEN ANYTHING POSTED ON ANY FORMULA SECRET'S WEBSITE AND THESE TERMS, THESE TERMS SHALL CONTROL.

VIII. LIMITATION OF LIABILITY.

YOU AGREE THAT IN NO EVENT SHALL FORMULA SECRET’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO FORMULA SECRETS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST FORMULA SECRETS OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

IX. FORCE MAJEURE.

FORMULA SECRETS WILL NOT BE RESPONSIBLE TO YOU FOR ANY DELAY, DAMAGE, OR FAILURE CAUSED BY OR OCCASIONED BY A FORCE MAJEURE EVENT. AS USED IN THIS AGREEMENT, “FORCE MAJEURE EVENT” SHALL MEAN: ANY ACT OF GOD, ACT OF NATURE OR THE ELEMENTS, TERRORISM, INSURRECTION, REVOLUTION OR CIVIL STRIFE, PIRACY, CIVIL WAR OR HOSTILE ACTION, LABOR STRIKES, ACTS OF PUBLIC ENEMIES, FEDERAL OR STATE LAWS, RULES AND REGULATIONS OF ANY GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OVER THE PREMISES, INABILITY TO PROCURE MATERIAL, EQUIPMENT, OR NECESSARY LABOR IN THE OPEN MARKET, ACUTE AND UNUSUAL LABOR, MATERIAL, OR EQUIPMENT SHORTAGES, OR ANY OTHER CAUSES BEYOND THE CONTROL OF FORMULA SECRETS. DELAYS DUE TO ANY OF THE ABOVE CAUSES SHALL NOT BE DEEMED TO BE A BREACH OF OR FAILURE TO PERFORM UNDER THIS AGREEMENT. FORMULA SECRETS SHALL NOT BE REQUIRED AGAINST ITS WILL TO ADJUST ANY LABOR OR OTHER SIMILAR DISPUTE EXCEPT IN ACCORDANCE WITH APPLICABLE LAW.

X. ASSIGNMENT OF RIGHTS.

FORMULA SECRETS MAY ASSIGN ITS RIGHTS UNDER THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO YOU. YOUR RIGHTS ARISING UNDER THIS AGREEMENT CANNOT BE ASSIGNED BY WITHOUT FORMULA SECRETS’S OR ITS ASSIGNS EXPRESS WRITTEN CONSENT.

XI. INFORMATION; REGISTRATION; USER NAMES AND PASSWORDS

AS A FORMULA SECRETS USER, YOU WILL BE REQUIRED TO CREATE AN ACCOUNT WITH FORMULA SECRETS. YOU WARRANT THAT THE INFORMATION YOU PROVIDE US IS TRUTHFUL AND ACCURATE, AND THAT YOU ARE NOT IMPERSONATING ANOTHER PERSON. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD YOU MAY USE TO ACCESS YOUR FORMULA SECRETS USER ACCOUNT, AND YOU AGREE NOT TO TRANSFER YOUR PASSWORD OR USER NAME, OR LEND OR OTHERWISE TRANSFER YOUR USE OF OR ACCESS TO YOUR USER ACCOUNT, TO ANY THIRD PARTY. YOU ARE FULLY RESPONSIBLE FOR ALL TRANSACTIONS WITH, AND INFORMATION CONVEYED TO, FORMULA SECRETS UNDER YOUR USER ACCOUNT. YOU AGREE TO IMMEDIATELY NOTIFY FORMULA SECRETS OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR USER NAME OR ANY OTHER BREACH OF SECURITY RELATED TO YOUR USER ACCOUNT. YOU AGREE THAT FORMULA SECRETS IS NOT LIABLE, AND YOU WILL HOLD FORMULA SECRETS HARMLESS, FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.

XII. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS.

YOU GRANT FORMULA SECRETS PERMISSION TO USE ANY AND ALL PHOTOGRAPHS TAKEN BY FORMULA SECRETS OR ITS AGENTS OR EMPLOYEES, OR SUBMITTED BY YOU TO FORMULA SECRETS (HEREINAFTER “PHOTOGRAPHS”) IN ANY MEDIA (INCLUDING PRINT, INTERNET, FILM, TELEVISION AND NO MATTER HOW DISTRIBUTED OR PUBLISHED) FOR ANY PURPOSE, WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ADVERTISING, PROMOTION, MARKETING AND PACKAGING OF FORMULA SECRETS OR ANY PRODUCT OR SERVICE SOLD AND MARKETED BY FORMULA SECRETS. YOU AGREE THAT THIS AUTHORIZATION TO USE PHOTOGRAPHS MAY BE ASSIGNED BY KAIJU TO ANY OTHER PARTY. YOU AGREE THAT THAT THE PHOTOGRAPHS MAY BE COMBINED WITH OTHER PHOTOGRAPHS, SOUNDS, TEXT AND GRAPHICS, AND THAT THE PHOTOGRAPHS MAY BE MANIPULATED, CROPPED, ALTERED OR MODIFIED IN FORMULA SECRETS' SOLE DISCRETION. YOU AGREE NOT TO CHARGE A ROYALTY OR FEE, AND NOT TO MAKE ANY OTHER MONETARY ASSESSMENT AGAINST FORMULA SECRETS IN EXCHANGE FOR THIS RELEASE AND ASSIGNMENT. YOU HEREBY RELEASE AND FOREVER DISCHARGE FORMULA SECRETS FROM ANY AND ALL LIABILITY AND FROM ANY DAMAGES YOU MAY SUFFER AS A RESULT OF THE USE OF THE PHOTOGRAPHS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS RELEASE IS BINDING UPON YOUR HEIRS AND ASSIGNS. YOU AGREE THAT THIS RELEASE IS IRREVOCABLE.

XIII. PROHIBITED ACTIVITY.

 FORMULA SECRETS HAS THE RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME IF YOU ENGAGE OR HAVE EVER ENGAGED IN ANY OF THE FOLLOWING:

A. HARMFUL ACTS. ANY DISHONEST OR UNETHICAL BUSINESS PRACTICE; ANY VIOLATION OF THE LAW; INFLICTION OF HARM TO FORMULA SECRETS’ REPUTATION; AND THE VIOLATION OF THE RIGHTS OF FORMULA SECRETS OR ANY THIRD PARTY.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. WE HAVE ZERO TOLERANCE FOR UCE/SPAM. ANY COMMUNICATIONS SENT OR AUTHORIZED BY YOU REASONABLY DEEMED “SPAMMING,” OR ANY OTHER UNSOLICITED SOLICITATIONS (INCLUDING WITHOUT LIMITATION POSTINGS ON SOCIAL MEDIA OR THIRD PARTY BLOGS) WILL BE DEEMED A MATERIAL THREAT TO FORMULA SECRETS’ REPUTATION AND TO THE RIGHTS OF THIRD PARTIES. IT IS YOUR OBLIGATION, EXCLUSIVELY, TO ENSURE THAT ALL BUSINESS COMMUNICATIONS COMPLY WITH STATE AND LOCAL ANTI-SPAMMING OR ANALOGOUS LAWS.

C. OFFENSIVE COMMUNICATIONS. ANY COMMUNICATION SENT, POSTED, OR AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION POSTINGS ON ANY WEBSITE OPERATED BY YOU, OR SOCIAL MEDIA OR BLOG, WHICH ARE: SEXUALLY EXPLICIT, OBSCENE, OR PORNOGRAPHIC; OFFENSIVE, PROFANE, HATEFUL, THREATENING, HARMFUL, DEFAMATORY, LIBELOUS, HARASSING, OR DISCRIMINATORY; GRAPHICALLY VIOLENT; SOLICITOUS OF UNLAWFUL BEHAVIOR; OR THAT VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

XIV. MESSAGE SENDING POLICY AND BEST PRACTICES.

FORMULA SECRETS REQUIRES YOU TO FOLLOW THESE BEST PRACTICES WHEN SENDING ELECTRONIC COMMUNICATIONS USING OUR SERVICES:

USE ONLY PERMISSION-BASED MARKETING ELECTRONIC COMMUNICATIONS LISTS (I.E., LISTS IN WHICH EACH RECIPIENT AFFIRMATIVELY OPTED-IN TO RECEIVING THOSE ELECTRONIC COMMUNICATIONS).

ALWAYS INCLUDE A WORKING “UNSUBSCRIBE” MECHANISM IN EACH MARKETING ELECTRONIC COMMUNICATION THAT ALLOWS THE RECIPIENT TO OPT OUT FROM YOUR MAILING LIST (RECEIPT/TRANSACTIONAL MESSAGES THAT ARE EXEMPT FROM “UNSUBSCRIBE” REQUIREMENTS OF APPLICABLE LAW ARE EXEMPT FROM THIS REQUIREMENT).

COMPLY WITH ALL REQUESTS FROM RECIPIENTS TO BE REMOVED FROM YOUR MAILING LIST WITHIN THE EARLIER OF 10 DAYS OF RECEIPT OF THE REQUEST, OR THE DEADLINE UNDER APPLICABLE LAW.

MAINTAIN, PUBLISH, AND COMPLY WITH A PRIVACY POLICY THAT MEETS ALL APPLICABLE LEGAL REQUIREMENTS, WHETHER OR NOT YOU CONTROL THE SENDING OF THE ELECTRONIC COMMUNICATIONS, AND INCLUDE A LINK TO SUCH PRIVACY POLICY IN YOUR ELECTRONIC COMMUNICATIONS..

INCLUDE IN EACH ELECTRONIC COMMUNICATIONS A LINK TO YOUR THEN-CURRENT PRIVACY POLICY APPLICABLE TO THAT ELECTRONIC COMMUNICATION.

INCLUDE IN EACH ELECTRONIC COMMUNICATION YOUR VALID PHYSICAL MAILING ADDRESS OR A LINK TO THAT INFORMATION.

DO NOT SEND ELECTRONIC COMMUNICATIONS TO ADDRESSES OBTAINED FROM PURCHASED OR RENTED LISTS.

DO NOT USE THIRD PARTY ELECTRONIC ADDRESSES, DOMAIN NAMES, OR MAIL SERVERS WITHOUT PROPER PERMISSION FROM THE THIRD PARTY.

DO NOT ROUTINELY SEND ELECTRONIC COMMUNICATIONS TO NON-SPECIFIC ADDRESSES (E.G., WEBMASTER@DOMAIN.COM OR INFO@DOMAIN.COM).

DO NOT SEND ELECTRONIC COMMUNICATIONS THAT RESULT IN AN UNACCEPTABLE NUMBER OF SPAM OR SIMILAR COMPLAINTS (EVEN IF THE ELECTRONIC COMMUNICATIONS THEMSELVES ARE NOT ACTUALLY SPAM).

DO NOT DISGUISE THE ORIGIN, OR SUBJECT MATTER OF, ANY ELECTRONIC COMMUNICATIONS OR FALSIFY OR MANIPULATE THE ORIGINATING MESSAGE ADDRESS, SUBJECT LINE, HEADER, OR TRANSMISSION PATH INFORMATION FOR ANY ELECTRONIC COMMUNICATION.

DO NOT SEND OFFERS TO OBTAIN OR ATTEMPT TO OBTAIN PERSONAL INFORMATION, OR GENERATE LEADS, FOR THIRD PARTIES.

DO NOT SEND “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR OTHER TYPES OF ELECTRONIC MESSAGES THAT ENCOURAGE THE RECIPIENT TO FORWARD THE CONTENT TO STRANGERS.

DO NOT SEND TO LISTS OF ADDRESSES THAT ARE PROGRAMMATICALLY GENERATED OR SCRAPED FROM THE WEB.

DO NOT EMPLOY SENDING PRACTICES, OR HAVE OVERALL MESSAGE DELIVERY RATES, WHICH NEGATIVE IMPACT OUR SERVICES OR OTHER USERS OF OUR SERVICES.

DO NOT USE OUR SERVICES TO SEND MESSAGES THAT MAY BE CONSIDERED JUNK MAIL. SOME EXAMPLES OF THIS TYPE OF MESSAGES INCLUDE MESSAGING RELATED TO: PENNY STOCKS, GAMBLING, MULTI-LEVEL MARKETING, DIRECT TO CONSUMER PHARMACEUTICAL SALES, PAYDAY LOANS, ETC.

COMPLIANCE WITH LAW. YOUR USE OF OUR SERVICES MUST COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND COURT ORDERS OF ANY KIND OF ANY JURISDICTION APPLICABLE TO YOU, US, AND ANY RECIPIENT TO WHOM YOU USE OUR SERVICES TO SEND DIGITAL MESSAGES (“APPLICABLE LAW”). YOU HAVE THE RESPONSIBILITY TO BE AWARE OF AND UNDERSTAND ALL APPLICABLE LAWS AND ENSURE THAT YOU AND ALL USERS OF YOUR ACCOUNT COMPLY AT ALL TIMES WITH APPLICABLE LAW. SOME EXAMPLES OF APPLICABLE LAWS INCLUDE: THE U.S. CAN-SPAM ACT, THE E.U. DIRECTIVE OF PRIVACY AND ELECTRONIC COMMUNICATIONS, THE U.K. PRIVACY AND ELECTRONIC COMMUNICATIONS (EC DIRECTIVE) REGULATIONS 2003; THE CANADA ANTI-SPAM LAW (CASL) AND/OR ANY SIMILAR LAW, LAWS RELATING TO INTELLECTUAL PROPERTY, PRIVACY, SECURITY, TERRORISM, CORRUPTION, CHILD PROTECTION, OR IMPORT/EXPORT LAWS. COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. YOU MUST NOT USE OUR SERVICES TO: STORE, DISTRIBUTE OR TRANSMIT ANY MALWARE OR OTHER MATERIAL THAT YOU KNOW, OR HAVE REASONABLE GROUNDS TO BELIEVE, IS OR MAY BE TORTIOUS, LIBELOUS, OFFENSIVE, INFRINGING, HARASSING, HARMFUL, DISRUPTIVE OR ABUSIVE; OR COMMIT (OR PROMOTE, AID OR ABET) ANY BEHAVIOR, WHICH YOU KNOW, OR HAVE REASONABLE GROUNDS TO BELIEVE, IS OR MAY BE TORTIOUS, LIBELOUS, OFFENSIVE, INFRINGING, HARASSING, HARMFUL, DISRUPTIVE OR ABUSIVE. EXAMPLES MAY INCLUDE DIGITAL MESSAGES THAT ARE THEMSELVES ARE OR PROMOTE RACISM, HOMOPHOBIA, OR OTHER HATE SPEECH.

SENSITIVE INFORMATION. YOU WILL NOT IMPORT, OR INCORPORATE INTO, ANY CONTACT LISTS OR OTHER CONTENT YOU UPLOAD TO ANY WEBSITE, SOFTWARE, OR OTHER ELECTRONIC SERVICE HOSTED OR PROVIDED BY FORMULA SECRETS, ANY OF THE FOLLOWING INFORMATION: SOCIAL SECURITY NUMBERS, NATIONAL INSURANCE NUMBERS, CREDIT CARD DATA, PASSWORDS, SECURITY CREDENTIALS, BANK ACCOUNT NUMBERS, OR SENSITIVE PERSONAL, HEALTH OR FINANCIAL INFORMATION OF ANY KIND.

XV. CONTACT

IF YOU HAVE ANY QUESTIONS OR COMPLAINTS CONCERNING ANY OF THE TERMS, YOU MAY CONTACT FORMULA SECRETS BY E-MAIL AT INFO[A]FORMULA-SECRETS.COM, OR BY REGULAR MAIL AT 340 ROYAL POINCIANA WAY, STE.317-203, PALM BEACH, FLORIDA 33480.

CALIFORNIA RESIDENTS, UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, MAY ALSO REACH THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY MAIL AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834

XVI. DIGITAL MILLENNIUM COPYRIGHT ACT

IF YOU BELIEVE THAT MATERIALS OR CONTENT AVAILABLE ON ANY FORMULA SECRETS WEBSITE INFRINGES ANY COPYRIGHT YOU OWN, YOU OR YOUR AGENT MAY SEND FORMULA SECRETS A NOTICE REQUESTING THAT FORMULA SECRETS REMOVE THE MATERIALS OR CONTENT FROM THE FORMULA SECRETS WEBSITE. IF YOU BELIEVE THAT SOMEONE HAS WRONGLY FILED A NOTICE OF COPYRIGHT INFRINGEMENT AGAINST YOU, YOU MAY SEND FORMULA SECRETS A COUNTER-NOTICE. NOTICES AND COUNTER-NOTICES SHOULD BE SENT TO FORMULA SECRETS, ATTENTION LEGAL DEPARTMENT, AT 340 ROYAL POINCIANA WAY, STE.317-203, PALM BEACH, FLORIDA 33480, OR BY E-MAIL TO SUPPORT[A]FORMULA-SECRETS.COM.

XVII. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.

A. ARBITRATION. ANY CLAIM OR GRIEVANCE OF ANY KIND, NATURE OR DESCRIPTION THAT YOU HAVE AGAINST FORMULA SECRETS INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE, SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION IN PALM BEACH COUNTY, FLORIDA. YOU AGREE NOT TO FILE SUIT AGAINST FORMULA SECRETS OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. THE ARBITRATION WILL TAKE PLACE BEFORE A NEUTRAL ARBITRATOR (HEREAFTER, “ARBITRATOR”) AGREED UPON BY YOU AND FORMULA SECRETS. IN THE EVENT THAT YOU AND FORMULA SECRETS ARE UNABLE TO REACH AGREEMENT ON AN ARBITRATOR, YOU AND FORMULA SECRETS WILL EACH SELECT AN ARBITRATOR, AND THE TWO OF THEM WILL SELECT THE ARBITRATOR, WHO MUST BE A RESIDENT OF PALM BEACH COUNTY, FLORIDA. THE ARBITRATORS SELECTED BY YOU AND FORMULA SECRETS WILL HAVE NO FURTHER INVOLVEMENT IN THE ARBITRATION. THE ARBITRATOR WILL DETERMINE THE RULES GOVERNING ARBITRATION. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON YOU AND FORMULA SECRETS AND MAY BE REDUCED TO A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THIS AGREEMENT TO ARBITRATE SURVIVES ANY TERMINATION OR EXPIRATION OF THE AGREEMENT.

B. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED, CONSTRUED, AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ANY CHOICE OF LAW PROVISIONS.

C. WAIVER OF CLASS ACTION CLAIMS. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIMS THAT MAY ARISE UNDER, OR BE IN ANY WAY RELATED TO, THIS AGREEMENT. THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM YOU HAVE AGAINST FORMULA SECRETS TO BE BROUGHT ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR ON BEHALF OF OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. CLAIMS BROUGHT AGAINST FORMULA SECRETS MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY ANYONE ELSE.

D. LIMITATIONS PERIOD. ANY CLAIM BROUGHT IN ARBITRATION MUST BE BROUGHT WITHIN THE TIME PERIOD SET FORTH IN ANY STATUTE OF LIMITATIONS THAT, BUT FOR THIS AGREEMENT TO ARBITRATE, WOULD APPLY TO THE CLAIMS ASSERTED IN ANY ARBITRATION PROCEEDING.

E. INJUNCTIVE RELIEF. NOTHING IN THIS AGREEMENT PREVENTS FORMULA SECRETS FROM APPLYING TO AND OBTAINING FROM ANY COURT HAVING JURISDICTION A TEMPORARY INJUNCTION, PRELIMINARY INJUNCTION, PERMANENT INJUNCTION, OR OTHER RELIEF AVAILABLE TO PROTECT FORMULA SECRET’ RIGHTS PRIOR TO, DURING, OR FOLLOWING ANY ARBITRATION PROCEEDING.

F. ATTORNEYS’ FEES. YOU AGREE THAT IN THE EVENT OF ANY ARBITRATION OR LITIGATION, EACH PARTY WILL EACH BEAR ITS OWN COSTS AND ATTORNEYS’ FEES, REGARDLESS OF WHO IS DEEMED THE PREVAILING PARTY. THE FOREGOING NOTWITHSTANDING, IF EITHER YOU OR FORMULA SECRETS COMMENCES AN ACTION IN A COURT OF LAW OR EQUITY AND THE RESPONDING PARTY SUCCESSFULLY MOVES SUCH COURT TO COMPEL ARBITRATION, THE PARTY WHO MOVED FOR THE ORDER COMPELLING ARBITRATION SHALL BE ENTITLED TO RECOVER ITS REASONABLE COSTS AND ATTORNEYS’ FEES INCURRED ON THE MOTION TO COMPEL FROM THE OTHER PARTY.

XVIII. CHANGES TO TERMS

FORMULA SECRETS RESERVES THE RIGHT TO CHANGE THESE TERMS, IN WHOLE OR IN PART, FROM TIME TO TIME AT FORMULA SECRETS’ SOLE AND ABSOLUTE DISCRETION, AND TO PROVIDE YOU WITH NOTICE OF SUCH CHANGE BY ANY REASONABLE MEANS, INCLUDING WITHOUT LIMITATION POSTING REVISED TERMS HTTPS://WWW.FORMUAL-SECRETS.COM/TERMS. BY YOUR CONTINUED USE OF FORMULA SECRETS’ SERVICES, AND UNLESS YOU TERMINATE THIS AGREEMENT AS PROVIDED HEREIN, YOU MANIFEST YOUR AGREEMENT TO ANY SUBSEQUENT CHANGES TO THE TERMS.

XIX. SEVERABILITY

IF ANY TERM SET FORTH HEREIN IS DEEMED UNENFORCEABLE UNDER ANY APPLICABLE LAW, THE REMAINING TERMS SHALL REMAIN IN FULL FORCE AND EFFECT AND THESE TERMS SHALL BE READ, COLLECTIVELY, AS IF THE UNENFORCEABLE TERM(S) WERE OMITTED.

XX. WAIVER.

NO WAIVER BY FORMULA SECRETS OF ANY BREACH OR DEFAULT OF THESE TERMS WILL BE DEEMED TO BE A WAIVER OF ANY PRECEDING OR SUBSEQUENT BREACH OR DEFAULT.

XXI. HEADING.

ANY HEADING, CAPTION OR SECTION TITLE CONTAINED HEREIN IS INSERTED ONLY AS A MATTER OF CONVENIENCE, AND IN NO WAY DEFINES OR EXPLAINS ANY SECTION OR PROVISION HEREOF.

XXII. NOTICE.

ANY NOTICE REQUIRED TO BE GIVEN TO FORMULA SECRETS UNDER OR RELATED TO THESE TERMS MUST BE IN WRITING, ADDRESSED AS FOLLOWS:

FORMULA SECRETS

340 ROYAL POINCIANA WAY-STE 317-203

PALM BEACH, FL 33480

GENERAL SUPPORT AND INQUIRIES: INFO[A]FORMULA-SECRETS.COM.

AFFILIATES: AFFILIATES[A]FORMULA-SECRETS.COM

NOTICES TO YOU MAY BE MADE BY POSTING A NOTICE (OR A LINK TO A NOTICE) ON HTTPS://WWW.FORMULA-SECRETS.COM/TERMS, BY E-MAIL, OR BY REGULAR MAIL, AT FORMULA SECRET’S DISCRETION.


PLEASE READ-IMPORTANT FINAL RULES:

1.) THE INFORMATION PROVIDED HERE WITHIN THIS MEMBERSHIP IS TO BE USED AT ONES OWN RISK

3.) DIRECTIONS GIVEN BY ANY MEMBER OF THE FORMULA SECRETS TEAM IS TO BE FOLLOWED EXPLICITLY. IF THINGS ARE NOT DONE TO THE OUTLINE PROVIDED BY FORMULA SECRETS, THEY CAN NOT GUARANTEE ANY RESULTS FOR YOU. THE PROTOCOLS, COMPOUNDS AND DIRECTIONS PROVIDED CAN BE POTENTIALLY DANGEROUS AND LIFE THREATENING. YOU ARE ASSUMING THE PERSONAL RESPONSIBILITY OF THESE RISKS AT THIS TIME, AND FOR THE DURATION OF ENTIRE MEMBERSHIP.

4.) NO REFUNDS WILL BE HONORED 14 DAYS FROM DATE OF PURCHASE. ?

*Formula Secrets – Action-Based 14 Day Refund Policy

a.) Have completed 100% of the program videos in the members area.

b.) You must participate in a video chat call with Kai explaining the reason for the refund.

5.) IF YOU OPT TO REFUND YOUR MEMBERSHIP, YOU WILL NOT HAVE ACCESS TO ANY MATERIALS, AND YOUR ACCOUNT, PLUS ALL COMMUNICATIONS WITH THIS PROGRAM OR ITS AFFILIATES WILL BE REMOVED.

5.) AT NO TIME WILL ANY MEMBER NAME PUBLICLY OR PRIVATELY TO ANYONE ELSE, THE SOURCES OF PRODUCTS THAT FORMULA SECRETS DISCLOSES TO YOU. THIS INFORMATION IS FOR YOU, AND YOU ALONE. PROTECT YOUR PASSWORDS.

6.) PROTECT THE CONFIDENTIALITY OF ALL PERSONS INVOLVED EITHER DIRECTLY, OR INDIRECTLY WITH THIS PROGRAM.

7.) BY CHECKING THE BOX BELOW YOU ARE ACKNOWLEDGING THAT YOU ARE A LEGAL ADULT, AND AT THE 18 YEARS OF AGE OR OLDER

8.) THIS ELITE PROGRAM IS MADE UP OF DISTINGUISHED MEN. ALL MEMBERS ACT AS GENTLEMEN AND HAVE CONTROL OVER THEIR EMOTIONS AND LIFE. EVERYONE WITHIN THE FORMULA SECRETS GROUP EXPECTS YOU TO ACT THIS WAY AS WELL. FORMULA SECRETS STAFF RESERVES THE RIGHT TO REVOKE YOUR MEMBERSHIP TO THIS PROGRAM FOR ANY REASON AT ANYTIME. IF YOU DO NOT ACT IN A WAY THAT WE SEE FIT, WE WILL SWIFTLY REMOVE YOU FROM THE PROGRAM. IT IS A PRIVILEGE TO BE IN THIS PROGRAM, AND WE EXPECT YOU TO ACT LIKE IT. IF YOU ARE UNCLEAR ON HOW YOU SHOULD INTERACT AND HOLD YOURSELF, PERHAPS THIS PROGRAM IS NOT FOR YOU.

   

FINAL DISCLAIMER:

*WARNING: DO NOT TRY THIS AT HOME THESE VIDEOS ARE FOR EDUCATIONAL AND RESEARCH PURPOSES ONLY! CONTENT WITHIN THESE VIDEOS ARE NOT TO BE MISTAKEN FOR MEDICAL ADVICE-PLEASE CONSULT YOUR PERSONAL PHYSICIAN IN REGARDS TO YOUR HEALTH*

*ANY SUGGESTIONS CONTAINED WITHIN ARE DESIGNED AS A GUIDELINE, OBVIOUSLY EVERY PERSON IS DIFFERENT AND HAS DIFFERENT BACKGROUNDS AND DIFFERENT GENETIC TENDENCIES. 

KAI IS A PROFESSIONAL. HIS RESULTS, AND THOSE OF HIS TOP STUDENTS, ARE NOT TYPICAL. THEIR EXPERIENCES ARE NOT A GUARANTEE YOU WILL GET THE SAME GAINS AND BODY IMPROVEMENTS. YOU MAY MAKE MORE, LESS, OR THE SAME.


KAI PALAKIKO 

FOUNDER OF FORMULA-SECRETS.COM

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Palm Beach, FL 33480

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