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TERMS AND CONDITIONS
Top Secret Nutrition, LLC (“TSN”) d/b/a BeFit Nutrition maintains this site (“the Website”) for your personal entertainment, information, education, use, communication, and purchase of TSN BeFit Nutrition products.
- USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on Website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Website or delete Content or features at any time, in any way, for any or no reason.Except as we specifically agree in writing, no Content from any Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website, except that where the Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use or replication of the Content is prohibited.
- INTELLECTUAL PROPERTY
All Content contained on the Website are either the copyrighted property of TSN, its licensors or licensees, or are the copyrighted property of third parties. TSN neither warrants nor represents that your use of Materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with TSN.The trademarks, trade names, and trade dress displayed on the Website are registered and unregistered trademarks of TSN (“Trademarks”) or its licensors or licensees. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, TSN and its licensors and licensees will aggressively enforce its intellectual property rights to the fullest extent of the law.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR WEBSITE OR ANY THIRD PARTY WEBSITE OR SERVICES LINKED TO OR FROM ANY SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITE (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).Furthermore, the Content is not intended to be a substitute for the services of trained professionals. Always seek the advice of your physician or health provider with any questions you may have regarding your physical wellness, usage of dietary supplements, and diet or exercise. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Website. Reliance on any information appearing on a Website is strictly at your own risk.
- LIMITATION OF LIABILITY
- AUTOMATIC RENEWAL
If you choose to receive product on an auto-renewal or monthly (or other period) basis (“Subscribe and Save” or Autoship) as sold through the Website or otherwise (including any free trial product), Autoship of the product will continue until cancelled by you in writing or by BeFit Nutrition, at its discretion. If you have provided a valid credit card number or an alternate payment method, payment for your Autoship product, including shipping and handling and applicable taxes, will be automatically processed in each Autoship period on or around the same day of the month as your initial Autoship purchase. The amount for each actual Autoship payment may vary due to changes in price, shipping amounts and applicable tax rates. Autoship payments will reflect pricing of the Autoship product at the time of each payment, excluding promotional or discount pricing. BeFit Nutrition may cancel your Autoship subscription or the Autoship program at any time for any reason or for no reason. You may modify or cancel your Autoship at any time by calling BeFit Nutrition Customer Service at 1-844-265-3622. Modifications or cancellation of your Autoship must be received at least three (3) days prior to the next scheduled payment in order to take effect for that Autoship period. Cancellations received less than 3 days prior to the next scheduled payment will take effect in the following Autoship period.You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting BeFit Nutrition Customer Service at 1-844-265-3622.We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
- DISPUTE RESOLUTION
- WAIVER OF CLASS ACTION RIGHTS.
By using this Website, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms and Conditions must be asserted individually and not on behalf of any other classes, persons or groups of people.
- THE DMCA AND CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the removal of infringing material from our Website. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.Notification must be submitted to the following Designated Agent: Augusto (Gus) Vidaurreta. Notification should be sent to: 11490 Interchange Circle North, Miramar, FL 33025, 954-496-9600, or firstname.lastname@example.org.To be effective, the notification must be in writing and include each of the following: (a) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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 us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- COUPON CODE DISCLAIMER
(a) Coupon codes are valid for a limited time only. TSN reserves the right to modify or cancel coupon codes at any time. (b) If you do not purchase the qualifying items added to your Cart when the coupon code is in effect, the discount will not apply. (c) The coupon code offer will not be valid until it is applied to the qualifying item(s). (d) The coupon code may only be used on www.befitfitnessnutrition.com and in conjunction with the purchase of products shipped and sold by TSN and not on products sold by third-party sellers or other sites. (e) The promotion places no limit on the number of times a customer may apply the coupon code. (f) Unless otherwise stated, only one coupon code may be applied per order. (g) Promotion may not be combinable with any other offers in the same order. (h) If you return any of the items purchased with a coupon code, the coupon code discount or value may be subtracted from the return credit. (i) Applicable shipping and handling charges apply to all products. (j) Offer good while supplies last. (k) Void where prohibited. (l) TSN has no obligation for payment of any tax in conjunction with the distribution or use of any coupon code. (m) Consumer is required to pay any applicable sales tax related to the use of the coupon code. (n) Coupon codes are void if restricted or prohibited by law.