Terms of Use/Return Policy
DISCLAIMER
The use of this site or any other site owned or maintained by OBSERVAMÉ®, LLC a limited liability company organized and existing under the laws of the state of Florida (hereinafter referred to as “OBSERVAMÉ®”) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your order placed on this site signifies your acceptance of the terms and conditions set forth below.
1. PRIVACY, SECURITY, DISCLOSURE
OBSERVAMÉ®’s privacy policy may be viewed at http://www.observame.net/privacy.
OBSERVAMÉ® reserves the right to modify its privacy policy in its reasonable discretion from time to time. Your personally identifiable information is kept secure. Only authorized employees, agents and/or contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
2. PAYMENT METHODS
We accept U.S. issued credit and debit cards, in addition to Paypal:
• Visa
• MasterCard
• American Express
• Discover
When placing an order online, you will need to provide:
a. The mailing address for the location where the credit card’s statement is delivered (billing address);
b. The address for the location where the product will be delivered;
c. The credit card number and expiration date; and
d. The 3 or 4 digit code found only on the card (CVV2 code).
Credit card orders can be placed online over our encrypted connection.
3. SHIPPING POLICIES
OBSERVAMÉ® ships orders within 2 business days via UPS/FedEx/USPS. Shipping rates are currently a flat rate, which may vary depending on your state and time period requested for delivery. Depending on product availability, orders shipped usually arrive within 2 to 5 business days. Each order is provided with a tracking number through UPS/FedEx/USPS. Accurate shipping address and phone number are required. Your signature may be required for delivery.
4. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
5. RETURN AND CANCELLATION POLICY
If you are unsatisfied with our product, you may return it within 14 days from the date that the product was originally shipped to you for a FULL refund of the purchase price according to the following terms. To obtain a FULL refund of the purchase price, your return must be approved and postmarked 14 days from the date that the product was originally shipped to you.
The following terms apply for all returned items:
• OBSERVAMÉ® cannot process or refund packages marked “Return to Sender.”
• Refunds will be issued to the same credit card or by the same payment method that was charged when ordering the product.
• Shipping charges, return shipping charges, and processing fees are not refundable in any case.
• To ensure a refund is processed for you, please send returns to the address provided. Returned products must be sent to the following address:
OBSERVAMÉ®, LLC
16350 Bruce B. Downs Boulevard
#47771
Tampa, FL 33647
OBSERVAMÉ® is not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery. After the shipping department receives your return, it generally takes 10-15 business days or sooner to process your refund. Once a return is processed, it usually takes 2-3 weeks for this return to be posted to your account, depending on your financial institution.
6. CHARGEBACK POLICY
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on www.observame.net. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on www.observame.net, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO THE AMOUNT OF THE CHARGEBACK BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
7. THIRD PARTY INTERACTIONS
During use of the OBSERVAMÉ® Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the OBSERVAMÉ® Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. OBSERVAMÉ shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. OBSERVAMÉ® does not endorse any sites on the Internet that are linked through its OBSERVAMÉ® Website. OBSERVAMÉ® provides these links to you only as a matter of convenience, and in no event shall OBSERVAMÉ® be responsible for any content, products, or other materials on or available from such sites. OBSERVAMÉ® provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
Cookie/Tracking Technology: The OBSERVAMÉ® site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
8. ORDERING DISCLAIMER
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. OBSERVAMÉ® reserves the right to accept or deny shipment to anyone for any reason. OBSERVAMÉ® reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, OBSERVAMÉ® reserves the right to cancel the order, notify the card holder and the proper authorities.
9. PRODUCT DISCLAIMERS; DISCLAIMERS OF WARRANTY
OBSERVAMÉ® MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. OBSERVAMÉ® DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR OBSERVAMÉ 'S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OBSERVAMÉ.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO OBSERVAMÉ IN THE TRANSACTION GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
11. NOTICE
OBSERVAMÉ® may give notice by means of a general notice on the www.observame.net, electronic mail to your e-mail address on record in OBSERVAMÉ® 's account information, or by written communication sent by first class mail or pre-paid post to your billing address on record in OBSERVAMÉ® 's account information. Such notice shall be deemed to have been given upon the expiration of 36 hours after mailing or posting (if sent by first class mail or pre-paid post) or 24 hours after sending (if sent by e-mail). You may give notice to OBSERVAMÉ (such notice shall be deemed given when received by OBSERVAMÉ® ) at any time by any of the following: (a) letter delivered by nationally recognized overnight delivery service or (b) first class postage prepaid mail to OBSERVAMÉ® at the following address: OBSERVAMÉ®, LLC, 16350 Bruce B. Downs Blvd, #47771, Tampa, Florida 33647; in either case, addressed to the attention of: Karen D. Fultz, Manager.
12. MODIFICATION TO TERMS
OBSERVAMÉ reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on www.observame.net. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
13. GENERAL
With respect to U.S. Customers, this Agreement shall be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and OBSERVAMÉ® as a result of this agreement or use of this Website. The failure of OBSERVAMÉ® to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OBSERVAMÉ® in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and OBSERVAMÉ® and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
14. DEFINITIONS
As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via www.observame.net, and any materials available on OBSERVAMÉ®‘s Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by OBSERVAMÉ® from time to time in its sole discretion; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed, the Effective date on the subscription form or the date you begin purchasing products from this site; “Order Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “OBSERVAMÉ®, LLC” means collectively OBSERVAMÉ®, a limited liability company and existing under the laws of the state of Florida and doing business as OBSERVAMÉ® and having an office at 16350 Bruce B. Downs Boulevard, #47771, Tampa, Florida 33647 together with its members, employees, agents and affiliated companies
15. QUESTIONS OR ADDITIONAL INFORMATION
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to: customerservice@observame.net