TERMS
OF SERVICE AGREEMENT
LAST REVISION: [Date-Month-Year]
PLEASE READ THIS
TERMS OF SERVICE AGREEMENT CAREFULLY. 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.
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 third-party 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
third-party 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 without
express 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, royalty-free, 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 user-generated 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
third-party 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
Products.
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.