These Terms and Conditions (“Terms”, “Terms of Use”) govern your relationship with alphafuzenutrition.com (the “Service”) operated by Alpha Fuze Nutrition (“us”, “we”, or “our”), whose registered office is at (email). Please read the Conditions carefully and if you do not accept the Conditions, do not use the Website.
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants, and other content providers. By using the Site and accepting these Terms of Use: (a) Alpha Fuze Nutrition grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by Alpha Fuze Nutrition; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of Alpha Fuze Nutrition.
As a condition of your use of the Site, you agree that:
Alpha Fuze Nutrition retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time at our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and the related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.
You represent and guarantee that you are of legal age and otherwise qualified to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.
Please review our Privacy Agreement, which also governs your visit to the Site. The personal information or data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site
Content means any information, text, graphics or other materials uploaded, downloaded or appearing on the Service, including, without limitation, ratings, presentations, reviews, other information, advertisements, interactive discussions, photos, videos, graphics, music, and sound contained, distributed, linked, downloaded or accessed from the Service, if such Content is owned by Alpha Fuze Nutrition or third parties.
For clarity, you retain all of your ownership rights in and to your Submissions. However, by submitting bio, pitch preferences, experience, testimonials, reviews, recommendations, ratings or other content to Alpha Fuze Nutrition through this Site (collectively, "Submissions"), you agree that we may, at any time, without limitation, modify, copy, publish, distribute, translate, and use any content submitted to us in any medium. We are and are under no obligation to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable criteria or violate the intellectual property of any party or these Terms of Service. You acknowledge that any of your contents will not violate any third party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also accept that your contents will not contain defamatory, illegal, offensive or obscene material or that contains computer viruses or other malware that may in any way affect the performance of the Service or any affiliated website. It is not possible to use a fake email address, pretend to be someone other than you, or otherwise deceive us about the source of any comments. You are solely responsible for the content you make and for their accuracy. We assume no responsibility and assume no responsibility for any content posted by you.
By posting Content on the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, create derivative works or adaptations thereof, incorporate it into advertising and other works, promote and distribute it, in and through the Service. Accordingly, you hereby irrevocably grant us rights throughout the world, perpetual, non-exclusive, royalty-free, assignable, sublicensable and transferable to use your Content for any purpose. You represent that you have sufficient rights in the content to make this grant.
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the (country). All content on the Website, but excluding User Content (the "Website Content"), are the proprietary property of Alpha Fuze Nutrition, its users or its licensors, with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Subject to these Terms of Use, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any properly-accessed portion of the Website Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license does not permit the use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. We may revoke this license at any time without notice and with or without cause.
Other marks on the site not owned by Alpha Fuze Nutrition may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Alpha Fuze Nutrition unless otherwise stated, or may be the property of their respective owners. You may not use Alpha Fuze Nutrition's name, logos, trademarks or brands, or trademarks or brands of others on the Site without Alpha Fuze Nutrition's express permission.
All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following activities are prohibited on the Site and constitute violations of these Terms of Use:
We hold the right in our sole discretion to correct or remove any documents, data or other content appearing on the Site at any time without notice. Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Alpha Fuze Nutrition will assume or have any liability for any action or inaction by Alpha Fuze Nutrition or such third party with respect to any submission.
The Services allow you to purchase products or services. To purchase any products or services through the Services, you must: (a) be at least eighteen years of age, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Services.
We stand behind the products and services that we sell, and we will list the return policy that will apply to purchases from the Services. In general, we accept returns for a limited period of time following a purchase, and your sole remedy if you are dissatisfied with a product that you have purchased through the Services will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and we will not accept returns or issue refunds.
In offering product descriptions on the Services, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with the return policy listed on the Services. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share the Company coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.
When you access or use the Services, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with the Company electronically. We may communicate with you by email or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
ALPHA FUZE NUTRITION AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ALPHA FUZE NUTRITION, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE WEBSITE; (2) ANY INFORMATION PROVIDED VIA THE WEBSITE; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ALPHA FUZE NUTRITION. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, TRADE, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
ALPHA FUZE NUTRITION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. ALPHA FUZE NUTRITION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. ALPHA FUZE NUTRITION DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ALPHA FUZE NUTRITION SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL ALPHA FUZE NUTRITION BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE TRANSACTION/S.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You will indemnify and hold Alpha Fuze Nutrition, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Disputes: Any disputes that arise from dealing with Alpha Fuze Nutrition shall be handled in (country)., and its legal system, except that, to the extent you have in any manner violated or threatened to violate Alpha Fuze Nutrition intellectual property rights, Alpha Fuze Nutrition may seek injunctive or other appropriate relief in any state or federal court, and you consent to the exclusive jurisdiction and venue in such courts.
Applicable Laws: By visiting or using alphafuzenutrition.com, purchasing or using any of our products you agree that the laws of (country), without regard to principles of conflict of laws, will govern our companies policies and conditions of use. Any dispute that may arise between you and Alpha Fuze Nutrition or its affiliates are subject to the laws of (country). If any provision of these site terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining terms and conditions or policies of Alpha Fuze Nutrition and its affiliates.
Modifications: Alpha Fuze Nutrition reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. Alpha Fuze Nutrition may also impose limits on certain features and services or restrict user’s access to parts or all of the Services without notice or liability. User’s continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
Entire Agreement; Severability: These Terms, together with the Privacy Policy incorporated within them by reference and any policies that we post on the Services, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
If you have any questions or comments about these Terms or the Site, please contact us by email at (sales@alphafuzenutrition.com).