Terms

Welcome to Sportactive (this Site). To clarify the relationship between Sportactive (we or us) and the visitors of this Site, we have set out the following Terms and Conditions of Use. When you visit, use, or purchase products at this Site, you agree to and accept the following terms and conditions. You may not visit, use, or purchase products from this Site if you do not agree to the following terms and conditions.

Your Information

In using this Site (e.g., when purchasing products or opening an account), you may be asked to provide information about yourself. When that occurs, you agree to provide information about yourself that is true, accurate, and non-misleading. For details on how your information is used and protected, please see our Privacy Policy page.

If we have reasonable grounds to suspect that the information you provide to us is false, inaccurate, or misleading, we may terminate your account and bar all current and future use of the Site. We reserve the right to bar or suspend, solely at our discretion, your access to the Site without notice. You agree that we shall not be liable to you or any third party for termination of your access to the Site.

Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

Copyright: The content on this Site is the property of Sportactive Corporation, its content suppliers, or the attributed authors of such content. All such content is protected by United States and international copyright laws. The compilation of all content on this Site is the property of Sportactive Corporation and protected by U.S. and international copyright laws.

Trademarks: Sportactive and other marks indicated on this Site are registered trademarks of Sportactive Corporation in the United States and other countries. All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Sportactive Corporation. All such trademarks and trade dress may not be used in connection with any product or service that does not belong to Sportactive Corporation, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sportactive Corporation or this Site.

All other trademarks not owned by Sportactive Corporation that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sportactive Corporation.

License And Site Access

Sportactive grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Sportactive.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sportactive without written consent.

You may not use any metatags or any other hidden text utilizing Sportactive name or trademarks without the express written consent of Sportactive.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Site as long as the link does not portray Sportactive or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Sportactive logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

This Site does not sell products to children. Rather, this Site sells products to adults, who can purchase with a credit card. If you are under age 18, you may use this Site only with involvement of a parent or guardian.

Sportactive reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, And Other Content

Visitors to this Site may post reviews and comments, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. In posting comments, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your comment.

If you do post comments on or submit material to this Site, and unless we indicate otherwise, you grant Sportactive a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sportactive the right to use the name that you submit in connection with such content, if it chooses.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sportactive for all claims resulting from content you supply.

Sportactive does not regularly review posted content and disclaims any obligation or responsibility to do so. However, it reserves and maintains the right to remove such content at its sole discretion. Sportactive takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk Of Loss

All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.

Disclaimer As To All Health Information Provided

The information provided by this Site is designed to help facilitate communication between you and your healthcare provider. Information provided on this Site is not a substitute for professional medical advice. Do not use this information for diagnosing or treating a health problem or disease, or prescribing of any medications or supplements. Only your healthcare provider should diagnose your healthcare problems and prescribe treatment. We do not endorse, warrant, or recommend any of the statements made on the Site, and specifically do not guarantee the accuracy of the statements made.

None of our statements or information, including health claims, articles, advertising or product information have been evaluated or approved by the United States Food and Drug Administration (FDA). The products or ingredients referred to on this Site are not intended to diagnose, treat, cure or prevent any disease. Please consult your healthcare provider before starting any supplement, diet or exercise program, before taking any medications or receiving treatment, particularly if you are currently under medical care. Make sure you carefully read all product labeling and packaging prior to use. If you have or suspect you may have a health problem, do not take any supplements without first consulting and obtaining the approval of your healthcare provider.

Disclaimer Of Warranties And Limitation Of Liability

THIS SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. Sportactive MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Sportactive DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE CANNOT BE HELD RESPONSIBLE FOR TYPOGRAPHICAL, SYSTEM OR APPLICATION ERRORS.

Sportactive DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Sportactive ARE FREE OF CORRUPTED DATA, COMPUTER, VIRUSES, OR OTHER HARMFUL COMPONENTS. Sportactive WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

NO VERBAL OR WRITTEN STATEMENTS BY Sportactive WILL CREATE ANY WARRANTY NOT DEFINED HEREIN.

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. IN THOSE STATES, HOWEVER, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

Sportactive controls this Site from within the United States. We make no representation that the content of the Site is appropriate or available for use in all locations. Access to the Site from territories where the content is illegal is prohibited.

By using, visiting, or shopping at this Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Sportactive.

Disputes

Any dispute between you and Sportactive - including any dispute relating to your use of, visit to, and purchase of products from this Site - shall be submitted to binding arbitration. Such arbitration shall be confidential, subject to the rules of the American Arbitration Association, and venued in Los Angeles, California. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by law, you agree to proceed in arbitration in your individual capacity, and not as a plaintiff, class member, or private attorney general in any purported class, representative, or private attorney general proceeding. Further, the arbitrator(s) may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding.

Site Policies, Modification, And Severability

 

We reserve the right to make changes to these Terms and Conditions of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, those terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

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