Effective 12-1-2012

Terms of Use

Your use of the www.fitproprotein.com site ("Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. We reserve the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. We do not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that we and our affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox or Microsoft Internet Explorer).

Intellectual Property

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site. The Contents and this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

References on this Site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the practices or policies of such third parties, nor the content of any third party sites, and do not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

Unless otherwise noted, all Contents, copyrights, trademarks, trade dress, and other intellectual property is owned, controlled, or licensed by us, one of our affiliates or by third parties who have licensed their materials to us and is protected by U.S. and international copyright, trademark, or other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is our exclusive property and is also protected by U.S. and international copyright laws.

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights.

The www.fitproprotein.com name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of ProClaim Nutrition, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.

User Feedback and Submissions

For all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant us a royalty-free, irrevocable, transferable right and license to use the Comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, and/or distribute such Comments and/or incorporate such Comments into any form, medium, or technology throughout the world.

We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".

We may not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Pricing and Content Information

While we strive to provide accurate pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, me may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We attempt to be accurate in our product descriptions. However, we do not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. If you find a product is not as described, your sole remedy is to return it in unused condition.

Quantity Limits and Dealer Sales

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Order Acceptance

An order is not binding upon us until it is accepted. We must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. You can make payment by credit card or some other method prearranged with us. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of the lessor of 1.5% per month or the highest rate allowed by law.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Sales Tax

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into Minnesota will be charged applicable sales tax according to the recipient’s area's tax rate.

Shipping Charges

Your total cost for purchase of any product will include the shipping and handling charges shown on your invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to us.

Risk of Loss

We will arrange for shipment of ordered product(s) to you, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to you upon delivery to the carrier. We reserve a purchase money security interest in the product(s) until our receipt of the full amount due. You agree to allow us to sign appropriate documents on your behalf to permit us to protect our purchase money security interest. We will advise you of estimated shipping dates, but we will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond our reasonable control, including without limitation, acts of God or public enemy, acts of federal, state, or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Processing Time

You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. We do not guarantee same day-shipping. Orders may not be processed on weekends and holidays.

Satisfaction Guarantee

We offer you a 30-day satisfaction replacement or refund guarantee on all purchases. To take advantage of our satisfaction guarantee, you must comply with the Product Return Procedure detailed below. Any breach of our Product Return Procedure will result in the loss of our refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Procedure

To return a product in compliance with our satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within 30 days from the original purchase date. We will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by us. RMA numbers will not be extended or reissued. You should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

You are solely responsible for shipping any returned product to us. You agree to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. You agree to bear all shipping and insurance charges and all risk of loss for the return product during shipment. You agree that all returned products will be 100% complete, in re-saleable condition. If any component of the returned product is missing, our Return Procedure will be breached and we may in our sole and absolute discretion reject the entire return or choose to impose additional charges against you for replacement of the missing component(s).

We will not refund to you the original shipping charges. In addition, we will assess a 15% restocking fee against your account on all returns for refund.

While we are more than happy to fill your order for a quantity of ten (10) or more of any given item in our inventory on a single purchase order, an order of that size, once purchase is completed, is automatically non-refundable. All other specific conditions related to the ordered item still apply, including any and all stipulations relative to any available replacement return policies. Please contact Customer Service with any questions you may have.

Physical Damage Policy

Physical damage to any product purchased from our website will effectively void warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage.

Disclaimer

THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Indemnification

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

Termination

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. We also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Site Security," "Pricing and Content Information," "Quantity Limits and Dealer Sales," "Copyrights and Trademarks," “User Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," "Privacy."

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between you and us shall be governed by the laws of the State of Minnesota without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. You consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Minnesota, Stearns County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against us that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Minnesota law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with our invoice regarding the products ordered by you, are the complete and exclusive agreement between you and us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and us relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Privacy

We respect your privacy. You acknowledge that any personal information that you provide through this Site will be used by us in accordance with our Privacy Policy.