WEBSITE TERMS AND CONDITIONS
TERMS
By accessing and using this site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein.
This website is owned and operated by Innovative Human Performance LLC. (“IHP”). By accessing this web site, you agree to be bound by these website Terms and Conditions of Use and all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
CHANGES
These Terms and Conditions are subject to change by Innovative Human Performance LLC at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.
ACCESS TO THIS SITE
The materials contained in this web site are protected by applicable copyright and trademark law and should only be used for personal, non-commercial use. You may only download material from this site for your own personal use. You may not reproduce, duplicate, distribute, publish, modify, copy, decompile or reverse engineer, or transmit material, from this web site. This includes any text, graphics, logos, photos, blog materials, videos, stills, product references, images, and descriptions, or social media posts. Additionally, you are also strictly prohibited from creating works or materials based on or derived from the materials on this site. Upon terminating your viewing or use of these materials, you must destroy any downloaded materials in your possession whether in electronic or printed format.
To access this site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to IHP be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website. Account information and certain other information about you are subject to the terms of our Privacy Policy.
You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
USE OF THE SITE
You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of a Innovative Human Performance LLC or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may access and use this website for purposes expressly permitted by Innovative Human Performance LLC. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyper-links, without the express prior written permission of an authorized representative of Innovative Human Performance LLC. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, trade name or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
WEBSITE AND MEDICAL INFORMATION DISCLAIMER
This website contains general information and content about diet, health and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.
The general information and content on this website is provided “AS IS” without any representations or warranties of any kind, express or implied. Innovative Human Performance LLC makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Innovative Human Performance LLC materials or provided by any Innovative Human Performance LLC representative; none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other health care provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither Innovative Human Performance LLC nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Innovative Human Performance LLC materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Innovative Human Performance LLC does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
WARRANTIES AND DISCLAIMERS
By using this site, you agree that your use and reliance on materials contained on this site are at your own risk. To the maximum extent permitted by law, the materials on IHP’s website and the products sold to you are provided “as is” and “with all faults.” IHP makes no other warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property or other violation of rights. Further, IHP does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or the products sold to you or otherwise relating to such materials or on any sites linked to this site. Additionally, IHP does not warrant that the functions on this website will be uninterrupted, accurate, error free or reliable. You acknowledge that IHP is not responsible for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, theft, destructions, damage or unauthorized access to your computer or network. Further, you acknowledge that IHP is not responsible for any defamatory, offensive or illegal conduct or material found on this web site, including materials transmitted by other persons.
LIMITATIONS
In no event shall IHP or its subsidiaries, agents, directors, officers, employees, or suppliers be liable for any damages including, without limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or damages for loss of data or profit, breach of our online privacy policy, breach of these Terms and Conditions of Use, or due to business interruption arising out of the use or inability to use the materials on IHP’s website, IHP’s use of information you provide, the products sold to you, or any other claim you may have, even if IHP or an IHP authorized representative has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Additionally, you hereby waive any and all rights to bring any claim or action related to this site beyond one (1) year after the first occurrence of any act, event, condition, or omission on which such claim or action is based.
INDEMNITY
You agree to defend, indemnify, and hold harmless IHP, its affiliates, employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of this web site, your failure to use this site, your breach or alleged breach of these Terms and Conditions, or your breach or alleged breach of the copyright, trademark, proprietary or other intellectual property rights of third parties.
LINKS
This website may contain links to third-party websites. Innovative Human Performance LLC provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. IHP has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. No inference or assumption should be made and no representation should be implied that IHP is connected with or controls these websites. You should refer to each web site’s terms and conditions or terms of use. The inclusion of any link does not imply endorsement by IHP of the site. Use of any such linked web site is at the user’s own risk.
NOTICE
Innovative Human Performance LLC may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to Innovative Human Performance LLC, or by any other method reasonably believed by Innovative Human Performance LLC to be reliable.
PRICES AND TAXES
Prices listed on this web site for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
PRODUCT AVAILABILITY; ORDERS
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.
PAYMENT METHODS
For online orders, we accept payment by Visa, Mastercard, American Express, Discover, and eCheck (upon request). If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees; you are solely responsible for the payment of all such fees. Check with your payment method service provider for details. IHP Terms and Conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and IHP is not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.
SHIPPING/FULFILLMENT POLICY
We generally ship items within one or two business days of our receipt and acceptance of an order. If there is a delay affecting our ability to ship generally, we will attempt to conspicuously post that fact on this site or by email.
We fill domestic orders using United States Postal Service Priority Mail and United Parcel Service, which generally results in delivery within two to three days. Requests for use of a courier service or for overnight shipping cannot be processed on this web site; however, we generally can accommodate these requests if you place your order by phone at the telephone number first appearing above. IHP requires a signature at delivery for all orders with a value of $250 or more.
Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. IHP is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.
Unless otherwise noted on this web site, delivery of products is FCA (Incoterms (2010), the international rules for the interpretation of trade terms of the International Chamber of Commerce) Innovative Human Performance LLC’s facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon IHP delivery of the products you order to the U.S. postal service or courier service.
SITE TERMS OF USE MODIFICATIONS
IHP may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
GOVERNING LAW
Any claim relating to IHP’s website shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.