This Terms of Service Agreement (the
"Agreement") governs your use of this website, [Website Address] (the
"Website"), [Business Name] ("Business Name") offer of
products for purchase on this Website, or your purchase of products available
on this Website. This Agreement includes, and incorporates by this reference,
the policies and guidelines referenced below. [Business Name] reserves the
right to change or revise the terms and conditions of this Agreement at any
time by posting any changes or a revised Agreement on this Website. [Business
Name] will alert you that changes or revisions have been made by indicating on
the top of this Agreement the date it was last revised. The changed or revised
Agreement will be effective immediately after it is posted on this Website.
Your use of the Website following the posting any such changes or of a revised
Agreement will constitute your acceptance of any such changes or revisions.
[Business Name] encourages you to review this Agreement whenever you visit the
Website to make sure that you understand the terms and conditions governing use
of the Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with [Business Name] for
other products or services. If you do not agree to this Agreement (including
any referenced policies or guidelines), please immediately terminate your use
of the Website. If you would like to print this Agreement, please click the
print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale
certain products (the "Products"). By placing an order for Products
through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct
[Business Name] sales reps, while they are calling you, of your desire to opt
out from further direct company communications and solicitations, you are
agreeing to continue to receive further emails and call solicitations [Business
Name] and its designated in house or third party call team(s). Opt Out
Procedure: We provide 3 easy ways to opt out of from future solicitations.
1.
You may use the opt out link found in any
email solicitation that you may receive.
2.
You may also choose to opt out, via sending
your email address to: [opt-out email].
3.
You may send a written remove request to
[Company Address].
Proprietary Rights. [Business Name] has
proprietary rights and trade secrets in the Products. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed
by [Business Name]. [Business Name] also has rights to all trademarks and trade
dress and specific layouts of this webpage, including calls to action, text
placement, images and other information.
Sales Tax. If you purchase any Products, you
will be responsible for paying any applicable sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party
Links. In addition to making Products available, this Website also offers
information and marketing materials. This Website also offers information, both directly and
through indirect links to thirdparty websites, about nutritional and dietary
supplements. [Business Name] does not always create the information offered on
this Website; instead the information is often gathered from other sources. To
the extent that [Business Name] does create the content on this Website, such
content is protected by intellectual property laws of the India, foreign
nations, and international bodies.
Unauthorized use of the material may violate
copyright, trademark, and/or other laws. You acknowledge that your use of the
content on this Website is for personal, noncommercial use. Any links to
thirdparty websites are provided solely as a convenience to you. [Business
Name] does not endorse the contents on any such third-party websites. [Business
Name] is not responsible for the content of or any damage that may result from
your access to or reliance on these third-party websites. If you link to
third-party websites, you do so at your own risk.
Use of Website; [Business Name] is not
responsible for any damages resulting from use of this website by anyone. You
will not use the Website for illegal purposes. You will (1) abide by all
applicable local, state, national, and international laws and regulations in
your use of the Website (including laws regarding intellectual property), (2)
not interfere with or disrupt the use and enjoyment of the Website by other
users, (3) not resell material on the Website, (4) not engage, directly or
indirectly, in transmission of "spam", chain letters, junk mail or
any other type of unsolicited communication, and (5) not defame, harass, abuse,
or disrupt other users of the Website License. By using this Website, you are
granted a limited, non-exclusive, non transferable right to use the content and
materials on the Website in connection with your normal, noncommercial, use of
the Website. You may not copy, reproduce,
transmit, distribute, or create derivative works of such content or
information withoutexpress written authorization from [Business Name] or the
applicable third party (if third party content is at issue).
Posting. By posting, storing, or
transmitting any content on the Website, you hereby grant [Business Name] a
perpetual, worldwide, non-exclusive, royaltyfree, assignable, right and license
to use, copy, display, perform, create derivative works from, distribute, have
distributed, transmit and assign such content in any form, in all media now
known or hereinafter created, anywhere in the world. [Business Name] does not
have the ability to control the nature of the usergenerated content offered
through the Website. You are solely responsible for your interactions with
other users of the Website and any content you post. [Business Name] is not
liable for any damage or harm resulting from any posts by or interactions
between users.
[Business Name] reserves the right, but has
no obligation, to monitor interactions between and among users of the Website
and to remove any content [Business Name] deems objectionable, in MuscleUP
Nutrition 's sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE
AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. [Business Name]
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR
WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR
PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE
GENERALITY OF THE
FOREGOING, [Business Name]
MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS
WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO
THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE,
OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
IV. LIMITATION OF LIABILITY
[Business Name] ENTIRE LIABILITY, AND YOUR
EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE
CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED
TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA
THE WEBSITE.
[Business Name] WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES
RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR
PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY
PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO
THROUGH THE
WEBSITE; OR
(4) ANY LOST PROFITS YOU ALLEGE
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold
harmless [Business Name], and any of its contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, of third parties relating to or
arising out of
(1) this Agreement or the breach of your
warranties, representations and obligations under this Agreement; (2) the
Website content or your use of the Website content; (3) the Products or your
use of the Products (including Trial Products); (4) any intellectual property
or other proprietary right of any person or entity; (5) your violation of any
provision of this Agreement; or (6) any information or data you supplied to
[Business Name]. When [Business Name] is threatened with suit or sued by a third
party, [Business Name] may seek written assurances from you concerning your
promise to indemnify [Business Name]; your failure to provide such assurances
may be considered by [Business Name] to be a material breach of this Agreement.
[Business Name] will have the right to
participate in any defense by you of a thirdparty claim related to your use of
any of the Website content or Products, with counsel of [Business Name] choice
at its expense. [Business Name] will reasonably cooperate in any defense by you
of a third-party claim at your request and expense.
You will have sole responsibility to defend
[Business Name] against any claim, but you must receive [Business Name] prior
written consent regarding any related settlement. The terms of this provision
will survive any termination or cancellation of this Agreement or your use of
the Website or Produts.
VI. PRIVACY
[Business Name] believes strongly in
protecting user privacy and providing you with notice of MuscleUP Nutrition 's
use of data. Please refer to [Business Name] privacy policy, incorporated by
reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products,
you acknowledge that you have read and agree to be bound by this Agreement and all
terms and conditions on this Website.
VIII. GENERAL
Force Majeure. [Business Name] will not be
deemed in default hereunder or held responsible for any cessation, interruption
or delay in the performance of its obligations hereunder due to earthquake,
flood, fire, storm, natural disaster, act of God, war, terrorism, armed
conflict, labor strike, lockout, or boycott.
Cessation of Operation. [Business Name] may
at any time, in its sole discretion and without advance notice to you, cease
operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises
the entire agreement between you and [Business Name] and supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of [Business
Name] to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website
originates from the [City, State]. This Agreement will be governed by the laws
of the State of [Law State Name] without regard to its conflict of law
principles to the contrary. Neither you nor [Business Name] will commence or
prosecute any suit, proceeding or claim to enforce the provisions of this
Agreement, to recover damages for breach of or default of this Agreement, or
otherwise arising under or by reason of this Agreement, other than in courts
located in State of [State Name]. By using this Website or ordering Products,
you consent to the jurisdiction and venue of such courts in connection with any
action, suit, proceeding or claim arising under or by reason of this Agreement.
You hereby waive any right to trial by
jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Website or Products or this Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Waiver of Class Action Rights. BY ENTERING
INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO
JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH
THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. [Business Name] reserves the
right to terminate your access to the Website if it reasonably believes, in its
sole discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website
and [Business Name] may, in its sole discretion and without advance notice to you, cancel any
outstanding orders for Products. If your access to the Website is terminated,
[Business Name] reserves the right to exercise whatever means it deems
necessary to prevent unauthorized access of the Website. This Agreement will
survive indefinitely unless and until [Business Name] chooses, in its sole discretion and without advance to
you, to terminate it.
Domestic Use. [Business Name] makes no
representation that the Website or Products are appropriate or available for
use in locations outside India. Users who access the Website from outside India
do so at their own risk and initiative and must bear all responsibility for
compliance with any applicable local laws.
Assignment. You may not assign your rights
and obligations under this Agreement to
anyone. [Business Name] may assign its rights and obligations under this
Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS
FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
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