Overnight Genius Ripped off by sharp practices Boulder Colorado

It states right on the website https://offers.overnightgenius.com/overnightgenius/page/howitworks

How the Offer Works.

For a low shipping and processing fee, you receive the following:

A FREE learning CD from Overnight Genius, yours to keep with no obligation;
A SECOND FREE learning CD from Overnight Genius, yours to keep with no obligation and;
A FREE TRIAL learning CD from Overnight Genius, yours to review for FREE for 10 days from date of order!
If Customer chooses to keep the Product beyond the Free Trial Period, Customer does nothing. Company will bill Customer's credit card $78.23 and Customer's subscription will begin automatically once the Free Trial Period has expired. As long as Customer's subscription is active, about each month Company will send Customer a new software learning title and Company will bill Customer's credit card the same low monthly price plus $6.95 for shipping and processing. If at any time Customer wishes to end Customer's subscription and discontinue receiving new software learning titles from Company, Customer must call the customer service number at 866-475-5733 or email our customer care at customerservice@overnightgenius.com. In order to avoid being charged for any subsequent software learning titles, Customer must contact Company before Company ships Customer's next software learning title.




Overnight Genius Purchase Agreement

PLEASE READ CAREFULLY BEFORE DIGITALLY ACCEPTING THESE TERMS

This Purchase Agreement (the "Contract"), effective immediately upon your submission of an order to the Overnight Genius company site, (Effective Date), is made and entered into and digitally signed by and between Overnight Genius, (hereinafter "Company"), and you, (hereinafter "Customer").




Free Trial Period.

When Customer orders a free trial of computer learning software and agrees to pay the shipping and processing fee described on the order page, Company will ship Customer the title of Customer's choice, which includes three compact discs (the "Product"). Customer will have about ten days from the date of order (the "Free Trial Period") to review the Product and decide whether Customer would like to keep it and begin Customer's subscription, or contact the Company to return the Product as described below.




Subscription.

If Customer chooses to keep the Product beyond the Free Trial Period, Customer does nothing. Company will bill Customer's credit card $78.23 and Customer's subscription will begin automatically once the Free Trial Period has expired. After the trial period, simply follow the instructions in your product package shipment to claim any qualifying bonus gifts. As long as Customer's subscription is active, about each month Company will send Customer a new software learning title and Company will bill Customer's credit card the same low monthly price plus $6.95 for shipping and processing. If at any time Customer wishes to end Customer's subscription and discontinue receiving new software learning titles from Company, Customer must call the customer service number at 866-475-5733 or email our customer care at customerservice@overnightgenius.com. In order to avoid being charged for any subsequent software learning titles, Customer must contact Company before Company ships Customer's next software learning title. Company is NOT responsible for any overdraft fees or situations resulting from customers using cards with insufficient balances to cover the above costs. It is the sole responsibility of the customer to ensure funds are prepared to cover all applicable fees and taxes.




Account Cancellation (within Free Trial Period).

Account may NOT be cancelled until after Customer has received the Product. If Customer is not satisfied with the Product, Customer must contact Company's customer service department at 866-475-5733 or by emailing our customer care at customerservice@overnightgenius.com to cancel Customer's subscription before the Free Trial Period expires. Customer must return at least one of the three compact discs in the Product in order to cancel Customer's account with no further obligation. Customer service will issue Customer a return merchandise authorization (RMA) number, which must be prominently displayed on the outside of Customer's return shipment. If Customer cancels before the Free Trial Period has expired and returns one of the three compact discs using a valid RMA number, Customer will not be billed further. Customer will be able to keep two of the three compact discs FREE just for trying the Product.




Account Cancellation (after Free Trial Period).

If Customer wish to cancel Customer's subscription after the Free Trial Period has ended, Customer must contact Company's customer service department at the number listed below. Customer's account will be cancelled immediately, no further shipments of the Product will be sent and no further charges to Customer's credit card will be applied.




Dispute Resolution and Charge Back Procedure.

Company will make every effort to provide the Product as specified in this contract. In the event Customer feels that the handling of any operational issue or the handling of charges by Company has been unfair or unreasonable, Customer agrees to notify Company by certified mail of the unresolved issue prior to filing a credit card charge back, lawsuit or complaint. Customer agrees to give Company fourteen days from the date of receipt to resolve the dispute. If Customer does not receive a response from Company within fourteen days of the date of receipt of the original request, then Customer may pursue any action without penalty.




Incentive Offers.

If Customer orders the Product through a third party incentive website that qualifies Customer for a free gift and Customer cancels Customer's subscription before the Free Trial Period has expired, Customer will be disqualified from receiving the free gift. Any questions concerning incentive websites and/or associated free gifts should be directed to the website owner where the free gift offer was made.




Refund Policy.

All sales are final. Company will not refund shipping and processing fees. Customer cannot return product shipped during the Free Trial for credit if the Customer does not cancel during the Free Trial period. No refunds will be granted thirty days after the order date for subsequent shipments after the Free Trial. Refunds are limited to the last product shipped only. Any refunds within thirty days of the order date will be subject to a 25% processing and restocking fee.




Return of the Product.

If Customer wishes to return the Product to Company, Customer MUST obtain a return merchandise authorization (RMA) number from Company's customer service department at the number listed below. The RMA number must be prominently displayed on the outside of the returned package and the package must be returned within fifteen (15) days. Only the most recent shipment is eligible for an RMA. We do not accept items returned as "refused" or "return to sender".




Sales Taxes.

Company has offices in the State of Colorado and collects Colorado state sales tax whenever a Product is delivered to a Colorado address. Company is not obligated to determine whether sales tax applies to state or local taxes for any order shipped to any location other than the State of Colorado.




Warranty Disclaimer.

COMPANY HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.




Limitation of Liability.

IN NO EVENT SHALL COMPANY BE LIABLE FOR (1) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OF THE SOFTWARE LEARNING TITLES OR CUSTOMER'S SUBSCRIPTION, OR (2) ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO COMPANY.




Miscellaneous.

These terms and conditions shall be governed by the laws of the State of Colorado, without giving effect to any principles that may provide for the application of the law of another jurisdiction. Any dispute between the parties arising out of these terms and conditions shall be settled in Denver, Colorado by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA). If any provision herein is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. These terms and conditions are the complete and exclusive statement of the agreement between Company and Customer.




Customer Service

If you have any questions or comments, please call us toll free at 1.866.475.5733. Our customer service department is available from 7:00am - 6:00pm Monday through Friday (MST) and 9:30am - 4:00pm Saturday (MST). If you call outside of normal business hours, please leave a message, including your name and telephone number, and a customer service representative will respond within 48 hours. You may also visit our website anytime at http://www.overnightgenius.com.



Effective Date: February 25, 2008



Copyright 2007 Overnight Genius