By accessing our Website and/or using our products or services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of products or services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, guidelines, or any subsequent modifications, or if you become dissatisfied with the Website, our products or services, you should immediately discontinue use of the Website. These Terms remain in force and in effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our products or services by you, after our publication of any such changes, shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of products or services. You agree that Company is permitted to access and use any other information provided by you to provide products or services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the products or services we provided to you.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.
Access to the Website and Restrictions on Your Use
Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our products and services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and may constitute the infringement of Company's copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.
You agree that you will not do any of the following:
Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.
Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
Transmit any software or other materials containing viruses, worms, Trojan horses, defects, data bombs, time bombs or other destructive or harmful items.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure.
"Frame" or "mirror" the Website or any part.
Use the Website or any Materials for any unlawful purpose.
Spam or flood.
Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.
Purchasing Items Featured on our Website
Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products featured on the Website, please note that the Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, you should contact our customer service department at [email protected].
SCULPTnation only accepts orders for personal use. In order to have top notch quality control and customer service you understand that our product is strictly direct to consumer. Therefore you cannot resell items offered on our Website or purchased from any other medium without our expressed consent. If SCULPTnation discovers that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, SCULPTnation will also report you to federal, state and/or local enforcements authorities.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
Multiple Product Orders
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sculpt Nation, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Out of Stock Products
We will ship your product as it becomes available. Usually, products ship the same day if ordered by 12:00PM PST, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. Adding products to your order can delay your order and since your order has been authorized for the prior amount, Sculpt Nation, LLC requires your credit card to add additional items to your order.
100% Lifetime Money Back Guarantee
We offer a 100% Lifetime Money Back Guarantee for all Sculpt Nation products purchased from SculptNation.com If you purchased our supplements directly from SculptNation.com, take them as directed for 30 days and you are not completely satisfied, you may return it today, next week or even next month, for a 100% refund of your purchase price, less shipping & handling, if applicable.
- If you purchased 1 bottle of any supplement, you do NOT need to return the used bottle.
- Please fill out the contact form HERE and select this category After Purchase>Returns>Single Bottle in order to process your refund.
- If you purchased more than 1 bottle of any supplement (more than a 30-day supply), you only need to return the unopened bottles in order to receive your refund. Opened or empty bottles do NOT need to be returned.
- If you use 1 bottle (30-day supply), you will get refunded 100% less shipping and handling, if applicable.
- You purchased 3 bottles of a supplement and used 1 bottle.
- You will return the 2 unopened bottles.
- Once received at our warehouse, we will issue a refund for 3 bottles (1 opened bottle and 2 unopened bottle).
- If you use more than 1 bottle (30-day supply), you will get refunded 100% less any opened bottles more than 1, less shipping and handling, if applicable.
- You purchased 3 bottles of a supplement and used 2 bottles.
- You will return the 1 unopened bottles.
- Once received at our warehouse, we will issue a refund for 2 bottles (1 opened bottle and 1 unopened bottle)
- Please fill out the following form and include a printed copy of the Return Merchandise Authorization form with your unopened bottles.
- For both domestic and international orders, the customer is responsible for the return postage to our warehouse.
- Customers are only allowed 2 returns per year.
- Refunds are issued back to the original form of payment and can take anywhere from 5-10 business days to clear with your bank.
Sculpt Nation, LLC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state (Nevada). For orders shipped to other states, you are solely responsible for all sales taxes or other taxes. Nevada customers who have a signed State Resale Certificate on file, approval of Sculpt Nation, LLC, and the number entered in their user profile are not charged taxes, please email your certificate to: [email protected] You may also call 8882674650 with any queries.
Modification or Suspension of the Website
You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, social media site, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so. Specifically, we strongly recommend you download all purchased content so that it is available to you in the event this website is no longer live.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US. FURTHER, WE STRONGLY ENCOURAGE YOU TO REVIEW THESE WORKOUTS, SUPPLEMENTS, TRAINING PLANS, OR ANYTHING ELSE FOUND ON THIS SITE WITH YOUR PHYSICIAN. SHOULD YOUR PHYSICIAN ADVISE AGAINST ANYTHING ON THIS WEBSITE YOU AGREE TO NOTIFY US IN WRITING IMMEDIATELY AND CEASE FOLLOWING ANY CONTENT ON THIS SITE UNTIL SAID TIME THAT YOUR PHYSICIAN APPROVES OF THE WORKOUTS, SUPPLEMENTS, TRAINING PLAN, OR ANYTHING ELSE FOUND ON THIS SITE. BY USING THIS SITE, YOU SPECIFICALLY AGREE TO COMMUNICATE WITH YOUR PHYSICIAN AND YOU AGREE TO INDEMNIFY COMPANY FOR ALL INJURIES STEMMING FROM FAILING TO REVIEW THE PLAN WITH YOUR PHYSICIAN OR FOLLOWING THIS EXTREMELY IMPORTANT PHYSICIAN REVIEW ELEMENT.
THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALs ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE.
Assumption of Risk
You expressly acknowledge and agree that your access, use and/or involvement with any Company services, subsidiaries, or individuals certified by Company, or its subsidiaries, products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Company from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any services provided under this agreement.
Physician Consent and Review
The requirement that you review this plan with your Physician is of EXTREME IMPORTANCE. Do not enroll in a contest or push yourself beyond your Physician’s advice. As such, we require that in order to use this site you speak with your Physician about the concepts and recommendations BEFORE heading any advice on this site. NOTIFY OUR CUSTOMER SERVICE TEAM IMMEDIATELY IF THERE IS A DISAGREEMENT WITH YOUR DOCTOR AND OUR PLANS. IF YOU DO NOT SPEAK WITH A DOCTOR, IT IS POSSIBLE THAT YOU MAY BE INJURED OR DIE. YOU SPECIFICALLY INDEMNIFY US FROM THIS RISK OF INJURY OR DEATH EVEN IF SUCH INJURY IS CAUSED BY YOUR DOCTORS ADVICE.
Disclaimer of Warranties with Respect to Use of Website and Products and Services
THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability and Damages
YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN STATES WHERE THIS LIMITATION OF LIABILITY MAY BE ILLEGAL OR OTHERWISE ENFORCEABLE YOU AGREE TO THE HIGHEST LIMITATION OF LIABILITY AS WOULD BE PERMITTED UNDER STATE LAW AS LONG AS IT DOES NOT EXCEED WHAT IS AGREED TO IN THIS DOCUMENT. YOU UNDERSTAND THAT FOLLOWING THIS, OR ANY FITNESS ADVICE, MAY LEAD TO INJURY OR DEATH AND YOU AGREE TO ASSUME THE RISK OF INJURY OR DEATH IN USING THIS SITE.
Compliance with Laws
You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, or arising out of, your use of the Website or our products or services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Links to Third-Party Sites
The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s).
Mobile Networks; Texting
When you access any Company services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Company services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an auto dialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any Company services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up. Should you wish to unenroll please email [email protected].
Ownership of Content
Company owns and operates this Website. Company or third parties own all rights, titles and interests in and to the materials provided on this Website, including but not limited to, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials"). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, expressed or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.
All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. ALL RIGHTS RESERVED.
Company is not responsible for, and does not endorse the opinions, advice or recommendations in User Content, and specifically disclaims all liability in connection therewith.
Company reserves the right to modify, review, delete and refuse to post User Content for any reason.
Member Public Profiles
When you create an account with us you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other Company members, potential customers, or account holders.
Company relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Company does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and agree that Company does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Company does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
After a custom plan purchase, SCULPTnation requires a detailed questionnaire to be completed by the customer that the plan is being created for. By completing this questionnaire, the customer recognizes that in preparing this questionnaire they have disclosed true, accurate and fair information about their health. Upon receipt of their plan, the customer agrees to confirm with their physician that the customer is medically cleared to engage in this type of athletic program. The customer understands that providing false information and failing to seek a medical opinion, as to their ability to carry out these plans, could result in serious bodily injury and even death.
The customer is required to carefully review any provided plans against existing food allergies the customer may have. It is the customer’s responsibility to verify that the plan does not use foods that he/she may be allergic to. While we attempt to tailor each plan to meet the dietary needs of the customer, the ultimate burden of ensuring that the customer does not eat a food with which they may have an allergy to, rests with customer. The customer understands that these plans are not a medical service and have not been reviewed by a medical doctor or health care professional and we do not warrant them as being reviewed by such. By completing the questionnaire, the customer specifically agrees to indemnify and release SCULPTnation from any injury resulting from a discrepancy in this questionnaire or from own failure to seek medical advice to verify one's ability to engage in the athletic plan. The customer understands and appreciates that these plans require proper supervision by a doctor. The customer agrees to review this plan with their doctor or otherwise indemnify SCULPTnation from any liability from using this plan without a doctor. The customer specifically understands that SCULPTnation does not have doctors on staff and that this service is provided to be used in conjunction with proper medical guidance.
Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third-party advertisers on the Website.
Enforcement of Rules and Policies
You may not submit or upload User Content that SCULPTnation determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms, or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Content or communications you submit, at any time and for any or no reason, including to ensure that the User Content or communication conforms to these Terms, without prior notice to you.
You hereby grant SCULPTnation an exclusive and unlimited license to use such materials to promote their business and to create new and additional products for their users. Notwithstanding, any photographs or personally identifiable information will be removed upon request from websites that are owned by SCULPTnation.
In the event that a personal identifiable photograph or other User Content is posted on a site outside of SCULPTnation’s control, you reserve the right to enforce your property rights against that third-party offender. You however agree to indemnify SCULPTnation from the leak or reposting and may not pursue damages against SCULPTnation for the dissemination of this User Content so long as it was used along with the terms of this agreement. If a leak happens in which an employee or contractor of SCULPTnation releases said images or other User Generated Content, you understand and assume the risk of this dissemination. You may pursue that individual personally either civilly or criminally but you understand that in order for SCULPTnation to provide complete protection the cost to do so would be prohibitive to the business and as such they specifically designate that you assume that risk in working on this site.
Product reviews appearing on the Site and various sites or social media associated with Site are often prepared by third-parties (including, but not limited to, review pages, submitted reviews, product reviews, message boards, forums, text files, chats, etc.). Company has not determined whether a specific reviewer's experience is what an average or typical customer may expect to achieve.
The Terms and the relationship between you and Company shall be governed by the laws of the State of Nevada without regard to any conflicts of laws principles.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via [email protected] In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator's award and will pay your actual, reasonable attorney's fees, if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.
Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
claims arising out of, or relating to, any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
claims that arose before these or any prior Terms became effective;
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "Company," "you," and "us," include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.
You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: [addressee and address, Attn: Notice of Dispute (the "Notice Address"). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at:
After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought forth for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the "AAA Rules"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of Article 23 are for the court to decide.
Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the Company’s primary address in Nevada. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.
If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 ("the Alternative Payment"), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the "Attorney's Payment"). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney's Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney's Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
The right to attorney's fees and expenses discussed in paragraph (f) supplements any right to attorney's fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses from you if it prevails in an arbitration, we will not seek such an award.
The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.
If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent to receive notifications of claimed infringement is: SCULPTnation, LLC, Matthew Wiley, Wiley Etter Doyon, LLC 97 Washington Ave. Ste. 2, North Haven, CT 06473. Attn: DMCA Notice. Only DMCA notices should go to the agent; any other communications should be directed to our customer service department via [email protected]
In order to contact the Company regarding a complaint about the Website or Materials, please contact us at [email protected]
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act.
If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.
These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the products or services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The state of California requires the following disclosure statement as of January 1, 2012, pursuant to the "Transparency in Supply Chain Act of 2010".
Most nutritional supplements sold by Company and its subsidiary are manufactured in the U.S., in accordance with applicable U.S. labor laws. Some ingredients are sourced from foreign countries, but U.S. manufacturers are required (per Good Manufacturing Practices outlined at 21 C.F.R. 111.260) to test ingredients for purity prior to use in nutritional supplements.
Company is committed to conducting business in compliance with applicable law. Company exhibits and promotes the highest standards of honest and ethical conduct in our dealings. Company employees are expected to conduct themselves with honesty and integrity, and we recognize the important role manufacturers, ingredient suppliers and business partners play in helping us fulfill our commitment to ethical and responsible retailing.
Company is a retailer not a manufacturer, but Company, nor its subsidiaries, is aware of any unethical or illegal labor practices in connection with any ingredient sourced outside the U.S. We do not audit and assess each product(s) manufacturer's sourcing practice. Company, is aware of the importance of ethical sourcing, and if Company identifies a product manufacturer who does not meet Company’s expectations (including avoiding ingredients manufactured with trafficked labor), Company will work with them to take corrective action or discontinue selling products manufactured by them.
Californian law requires us to put this notice on some of our products due to Prop 65. Some of our products have naturally occurring ingredients that test over, over 1/1000th of what the World Health Organization terms as “Safe Harbor Levels” of a huge list of chemicals. Most of these chemicals come from naturally grown vegetable derivatives. If your product is impacted by this and you are a California resident then you will be notified during the checkout process.