LAST REVISION: [20th
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
This Terms of Service
Agreement (the "Agreement") governs your use of this website, [ICLOTHING.IN] (the
("ICLOTHING") 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. [ICLOTHING] 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. [ICLOTHING] 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. [ICLOTHING] 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 [ICLOTHING] 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.
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
Solicitation: Unless you notify our
third party call center reps or direct [ICLOTHING] 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 [ICLOTHING] 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
Proprietary Rights. [ICLOTHING]
has proprietary rights and trade secrets in the Products. You may not
copy, reproduce, resell or redistribute any Product manufactured and/or
distributed by [ICLOTHING]. [ICLOTHING] also
has rights to all trademarks and trade dress and specific layouts of this
webpage, including calls to action, text placement, images and other
Sales Tax. If you
purchase any Products, you will be responsible for paying any applicable sales
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. [ICLOTHING] does not always create the
information offered on this Website; instead the information is often gathered
from other sources. To the extent that [ICLOTHING] 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. [ICLOTHING] does not
endorse the contents on any such third-party websites. [ICLOTHING] 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; [ICLOTHING]
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 [ICLOTHING] 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 [ICLOTHING] 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. [ICLOTHING] 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. [ICLOTHING] is not liable for any damage or harm resulting from
any posts by or interactions between users. [ICLOTHING] reserves the right, but has no
obligation, to monitor interactions between and among users of the Website and
to remove any content [ICLOTHING]
deems objectionable, in MuscleUP
Nutrition 's sole discretion.
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. [ICLOTHING]
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, [ICLOTHING] 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.
LIMITATION OF LIABILITY
[ICLOTHING] 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.
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.
You will release,
indemnify, defend and hold harmless [ICLOTHING], 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 [ICLOTHING].
When [ICLOTHING] is
threatened with suit or sued by a third party, [ICLOTHING] may seek written assurances from you
concerning your promise to indemnify [ICLOTHING]; your failure to provide such assurances may be
considered by [ICLOTHING]
to be a material breach of this Agreement. [ICLOTHING] 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 [ICLOTHING] choice at its expense. [ICLOTHING] 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 [ICLOTHING] against any
claim, but you must receive [ICLOTHING]
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.
strongly in protecting user privacy and providing you with notice of MuscleUP
reference herein, that is posted on the Website.
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.
Force Majeure. [ICLOTHING]
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. [ICLOTHING]
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 [ICLOTHING] and
supersedes any prior agreements pertaining to the subject matter contained
Effect of Waiver. The failure of [ICLOTHING]
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 [ICLOTHING]
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.
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 [ICLOTHING] 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, [ICLOTHING]
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 [ICLOTHING] chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. [ICLOTHING] 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. [ICLOTHING] may assign its rights and
obligations under this Agreement in its sole discretion and without advance
notice to you.
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.