HIGH PERFORMANCE NUTRITION, Inc.
PHYSICAL ACTIVITY NOTICE
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. High Performance Nutrition, Inc. is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
All intellectual property on the Platform (except for User Generated Content) is owned by High Performance Nutrition, Inc., which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the High Performance Nutrition name and the HPN logo design) are owned, registered and/or licensed by High Performance Nutrition, Inc. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of High Performance Nutrition, Inc.; All rights reserved.
PLATFORM USE RESTRICTIONS
High Performance Nutrition, Inc. does not authorize the resale or distribution of any kind of our product by any third party retailer and/or distributor without prior written consent. High Performance Nutrition, Inc. reserves the right to pursue any unlawful retailer and/or distributor for violations, not limited to, The Lanham Act.
This website and any webpage associated with High Performance Nutrition, Inc. are operated in and governed by, and in accordance with, the laws of the United States. This Site is intended for the use of residents of the United States. Please note that information we collect may be transferred and processed in the United States; therefore be aware if you are located in Canada, the European Union, or any other country outside the United States. By using the Site or by providing us with any information you irrevocably agree and acknowledge that (i) the Site is subject to the laws of the United States and (ii) the collection, processing, maintenance, and transfer of such information in done in the United States in which the laws on privacy may not be as comprehensive to those in the country where you, the User, reside and/or are a citizen of, and (iii) you waive any claims that may arise under those laws.
All orders placed through the Platform are subject to High Performance Nutrition, Inc.’s acceptance. This means that High Performance Nutrition, Inc. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, High Performance Nutrition, Inc. will issue you a refund.
Once an order has been shipped, it cannot be changed or canceled. You can wait until it's received and send it back to us for a refund. The customer is responsible for any additional shipping fees.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your High Performance Nutrition, Inc. account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. High Performance Nutrition, Inc. is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
When you elect the auto ship offer, you are electing into a recurring/continuity Program (the “Subscription Billing”). You will be receiving the Product you elected at the beginning of this offer every (30) thirty days from the point of your initial payment. You will be billed the Fee every (30) thirty days on the card that you have provided to begin this auto ship offer.
YOU UNDERSTAND AND AGREE THAT THIS AUTO SHIP OFFER IS PROVIDED ON A SUBSCRIPTION BASIS, AND YOUR CREDIT OR DEBIT CARD WILL BE CHARGED THE MONTHLY FEE DEPENDING ON YOUR ORIGINAL PURCHASE (THE “FEE”). YOU WILL BE BILLED THE FEE EVERY THIRTY (30) DAYS FROM THE DATE OF YOUR PURCHASE, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THIS AGREEMENT. You expressly authorize High Performance Nutrition, Inc.. (or its partners, affiliates, and/or agents) to charge your credit or debit card the recurring Fees. You acknowledge and agree that High Performance Nutrition, Inc.. will not obtain additional authorization from you for each monthly Fee charged to your credit or debit card.
HIGH PERFORMANCE NUTRITION, INC.. DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY OVERDRAFT CHARGES OR FEES YOU MAY INCUR FROM YOUR CARD ISSUER OR BANK FOR INSUFFICIENT FUNDS. All delinquent charges and charges not honored by your credit or debit card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s). Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes You may have raised regarding your invoiced charges, provided however that any disputed charges which are resolved in your favor will not be assessed a late fee or have the late fee removed from the charges.
Depending on your original purchase and the product you select, the monthly fee will be according to the option selected by you, the customer.
How you may cancel your Subscription:
You may cancel your subscription at any time. You may cancel your subscription by calling us at:
from 9:00am to 11:00pm Eastern Standard Time, Monday to Friday or you may call from 8:00am to 8:00pm Eastern Standard Time, Saturday and Sunday.
You can also email us “CANCEL MY SUBSCRIPTION” at firstname.lastname@example.org
Please allow 3-5 Days for us to respond with your Cancellation Confirmation. You will receive confirmation via email.
Automatic Recurring Payment Failure:
If the Subscription Billing is declined, you will be contacted by phone or email by one of our Sales Representatives. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your payment fails, you will need to replenish your account with another payment method. If payment is not made and you do not make a payment by the end of your billing cycle, your service may be suspended or cancelled.
You will receive a notice of Confirmation of Consent via email notifying you of your subscription and terms.
SHIPPING COST AND INFORMATION
You, the Customer are responsible for all shipping charges and fees, where it applies. All orders over $75 USD ship for free to the United States. There are no special rates for International Customers. International Customers are responsible for all landing cost associated with importing their order, that includes taxes and duties, broker fees, and importation fees. If International Customer refuses package upon arrival to destination, International Customer is responsible for all return fees. These fees may be deducted from your refund.
Below is a Shipping Table:
Standard Shipping: $3.99
International Shipping Fee: Price May Vary
International Air Shipping Fee: Price May Vary
SHIPPING FEES ON AUTOSHIP/MEMBERSHIP PROGRAMS:
Domestic Orders on Membership Program Shipping Fee: $3.99 (Free over $75)
International Orders on Membership Program Shipping Fee: Price May Vary
USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by High Performance Nutrition, Inc.
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose High Performance Nutrition, Inc. or its users to any harm or liability of any type.
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about High Performance Nutrition, Inc. and High Performance Nutrition, Inc. products, or anything else off topic.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in High Performance Nutrition, Inc.’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.
The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
Do not impersonate any person or entity, including without limitation athletes or HIGH PERFORMANCE NUTRITION, INC. employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one HIGH PERFORMANCE NUTRITION, INC. account, register a HIGH PERFORMANCE NUTRITION, INC. account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
GENERAL RULES FOR USER GENERATED CONTENT
HIGH PERFORMANCE NUTRITION, INC. does not prescreen User Generated Content. HIGH PERFORMANCE NUTRITION, INC. does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. HIGH PERFORMANCE NUTRITION, INC. is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event HIGH PERFORMANCE NUTRITION, INC. chooses to monitor any User Generated Content, HIGH PERFORMANCE NUTRITION, INC. assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. HIGH PERFORMANCE NUTRITION, INC. reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to HIGH PERFORMANCE NUTRITION, INC. a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
COPYRIGHT INFRINGEMENT COMPLAINTS
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give HIGH PERFORMANCE NUTRITION, INC. legally sufficient notice to HIGH PERFORMANCE NUTRITION, INC. of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
High Performance Nutrition, Inc.
1630 Superior Avenue Suite D
Costa Mesa CA 92627
We suggest that you consult your legal advisor before filing a notice with HIGH PERFORMANCE NUTRITION, INC.'s copyright agent, because there may be penalties for false claims.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using HIGH PERFORMANCE NUTRITION, INC.'s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. HIGH PERFORMANCE NUTRITION, INC. is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. HIGH PERFORMANCE NUTRITION, INC. is under no obligation to become involved with any user dispute, but may do so at its own discretion.
HIGH PERFORMANCE NUTRITION, INC. is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, HIGH PERFORMANCE NUTRITION, INC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. HIGH PERFORMANCE NUTRITION, INC. cannot guarantee and does not promise any specific results from use of the Platform. HIGH PERFORMANCE NUTRITION, INC. does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, HIGH PERFORMANCE NUTRITION, INC. does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. HIGH PERFORMANCE NUTRITION, INC. reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
IMPORTANT NOTICE FOR AMATEUR ATHLETES
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. HIGH PERFORMANCE NUTRITION, INC. IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
LIMITATION OF LIABILITY
HIGH PERFORMANCE NUTRITION, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A HIGH PERFORMANCE NUTRITION, INC. EVENT OR ANY USER GENERATED CONTENT, EVEN IF HIGH PERFORMANCE NUTRITION, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST HIGH PERFORMANCE NUTRITION, INC. FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF HIGH PERFORMANCE NUTRITION, INC. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, HIGH PERFORMANCE NUTRITION, INC.'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement and the resolution of any dispute related to this Agreement, the Site, or items you purchase through the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said disputes shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If for what every reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Any and all disputes shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST HIGH PERFORMANCE NUTRITION, INC. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLANTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
REFUNDS AND RETURNS
High Performance Nutrition, Inc. offers a 30-Day Money Back Warranty on all of its products purchased directly through this Site. Warranty shall commence on the date the order is shipped from our facilities. All return shipping charges, including without limitation, importing/exporting fees, are the responsibility of the customer. All returns must be shipped with a unique track-able number (a tracking number). Please contact our customer representative for return instructions.
ACCEPTED PAYMENT METHODS
High Performance Nutrition accepts all major credit cards including and limited to VISA, MasterCard, American Express, and PayPal. Please contact us if you have any questions regarding payment.
Order Status, Account Status: 1 (800) 971-4318
or General Questions: email@example.com
Please send all legal correspondences to: firstname.lastname@example.org
Please send all comments to: email@example.com