Terms & Conditions

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.

  1. INTRODUCTION
    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Website. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.
  2. 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.
  3. 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.
  4. DISCLAIMERS
    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.
  5. LIMITATION OF LIABILITY
    THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS.” UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WEBSITE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  6. INDEMNIFICATION
    You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  7. 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.
  8. PRIVACY POLICY
    We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Click here to read our Privacy Policy.
  9. DISPUTE RESOLUTION
    Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these terms of use, this or any other Website shall be resolved individually, without resort to any form of class action, by binding arbitration to take place in Fort Lauderdale, Florida in accordance with the rules of the American Arbitration Association and that you irrevocably accept and submit to the exclusive jurisdiction in personam and waive any and all objections to the exercise of such jurisdiction, including any objections based upon venue and forum non conveniens; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to TSN for accessing the website, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and each Website user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.
  10. 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.
  11. 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 info@topsecretnutrition.com.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.
  12. 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.
  13. MISCELLANEOUS
    If portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions set forth the entire understanding and agreement between you and TSN with respect to the Website. You acknowledge that any other agreements between you, TSN with respect to the Website are superseded and of no force or effect, however, in the event of any conflict between these Terms & Conditions and the Privacy Policy or any other rules, the terms thereof shall prevail.At any time, we may amend these terms of use. Any such amendment to these terms of use will be effective immediately.No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.Information regarding TSN’s products and services is applicable only in the United States unless otherwise noted. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.All offers set forth on the Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.