BY VISITING MEGAFIT NUTRITION INC.YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to MEGAFIT NUTRITION INC The term the “Site” refers to MEGAFIT NUTRITION INC The term “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. We Provide MEGFIT NUTRITION INC Product Information For The Sole Purpose Of Sales Of Said Products. Use of MEGAFIT NUTRITION INC. including all materials presented herein and all online services provided by MEGAFIT NUTRITION INC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
ACCESS TO MEGAFIT NUTRITION INC. SERVICES
In order to use the MegaFit Nutrition Inc. website, you must be 13 years of age or older. However, if you are 13 years older but less than the age of 18, you must request permission from a parent or guardian before accepting these Terms or using the MegaFit Nutrition Inc. Content. Information provided on this Site and in the Service related to health, and wellbeing and other information are subject to change. MEGAFIT NUTRITION INC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. MEGAFIT NUTRITION INC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
WEBSITE AND MEDICAL INFORMATION DISCLAIMER
CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENTATION, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to MEGAFIT NUTRITION INC. will always be accurate, correct, and up to date. You must not impersonate someone else or provide REFUSAL OF SERVICE. The Services that are offered are subject to our acceptance of your order and or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
REFUND POLICY: All Services and Products are NON-REFUNDABLE. All Sales Are Final.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors, and descriptions.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any information, artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Notice and Procedure for Making Claims of Copyright Infringement
We ask our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, we have designated an agent to receive notices of claimed copyright infringement who can be reached through the “Contact Us” section of this website http://megafitsupplements.com/contact) if filled out further to the process outlined in paragraphs 1-6 below, via the phone number listed on our Contact Us page, and/or via a letter with the below six (6) pieces of information sent to the following address: Customer Service MegaFit Nutrition Inc. 1042 Mountain Ave Suite B Upland California 91786.. Customer Service can also be reached by calling (909)965-4004 or by emailing to email@example.com
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide to MegaFit Nutrition Inc. the following information through the process described below:
- A listing of the accurate First Name, Last Name, Email Address, and Physical Address of the person authorized to act on behalf of the owner of the copyright interest;
- If using the “Contact Us” page, make note of the “Concern or Complaint”.
- A description of the copyrighted work that you claim has been infringed with an original signature. If submitting via our “Contact Us” form, please provide this information in the “Question or Comment” section of the “Contact Us” form, including an electronic signature at the end of your description (e.g., /name/);
- A description of where the material that you claim is infringing is located on the Website (including a specific link/URL where possible);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, to be included in the complaint, or if using the form, to be included in the “Question or Comment” section of the “Contact Us” form; and
- A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf, to be included in the complaint letter, or if using the form, to be included in the “Question or Comment” section of the “Contact Us” form (which will contain your “electronic signature” as required in item three (3) above).
Upon receipt of the notification containing all of the information as outlined in 1 through 6 above:
- We shall remove or disable access to the material that is alleged to be infringing;
- We shall forward the notification to such alleged infringer (“Subscriber”); and
- We shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
MODIFICATION OF THIS AGREEMENT
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MEGAFIT NUTRITION INC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MEGAFIT NUTRITION INC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MEGAFIT NUTRITION INC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MEGAFIT NUTRITION INC. CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MEGAFIT NUTRITION INC, AND IF NO PURCHASE HAS BEEN MADE BY YOU MEGAFIT NUTRITION INC. CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100
THIRD PARTY LINKS
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with MEGAFIT NUTRITION INC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and MEGFIT NUTRITION INC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MEGAFIT NUTRITION INC. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by MegaFit Nutrition Inc.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Thandar or Roger Skebelsky, 1042 N. Mountain Ave Suite B Upland, California 91786, firstname.lastname@example.org
This Agreement shall be construed in accordance with, and governed by, the laws of The United States as applied to contracts that are executed and performed entirely in The United States. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be THE STATE OF CALIFORNIA.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.