Terms & Conditions

WELCOME TO THE ATHLADE INTERNET WEBSITE, WWW.ATHLADE.COM (THE “WEBSITE”), OPERATED BY COLLABORATIVE NUTRITION LLC.  PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS PRIOR TO USING THIS WEBSITE. BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY STATEMENT, FOUND ON OUR PRIVACY PAGE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS WEBSITE AND NOT USE ANY OF COLLABORATIVE NUTRITION LLC PRODUCTS OR SERVICES. 

These terms and conditions (“Agreement” or “Terms”) apply to you and your purchase of products and services (“the Services”) from COLLABORATIVE NUTRITION LLC (“ATHLADE”). By placing your order for products or Services, you accept and are bound to the terms and conditions of this Agreement. Please email us at info@ATHLADE.COM if you have any questions.

CHANGES TO THESE TERMS

COLLABORATIVE NUTRITION LLC may modify these Terms at any time, and such modification shall be effective immediately upon posting the modified Terms on this Site or via e-mail. Your continued use of this Site or of our products shall be deemed your acceptance of such changes. If you do not wish to be bound by these Terms, please do not use the Site or our products.

USE OF THIS SITE

You agree to use this Site for your own personal, non-commercial use only. You also agree that your use of the Site and any of our products does not violate any applicable law or regulation. Finally, you acknowledge that you have the right, authority and capacity to enter into these Terms.

COLLABORATIVE NUTRITION LLC COMMUNICATIONS TO YOU

When you use the Services or send communications to us through the Services, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Services from us electronically. You agree that COLLABORATIVE NUTRITION LLC may send you e-mail to advise you of our products, changes to this Site, or for other purposes. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from COLLABORATIVE NUTRITION LLC to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

BILLING & AUTO RENEWAL PLANS

Some Services offered by COLLABORATIVE NUTRITION LLC will or can be subscription-based Services which are subject to Auto Renewal Terms. Your subscription will be automatically renewed, and your credit card will be automatically charged on a bi-weekly, or monthly basis, depending upon the billing terms for your account, for as long as you remain on an auto renewal plan.  You agree that COLLABORATIVE NUTRITION LLC will not be required to send you any renewal or advance billing notifications or confirmations that your credit card has been charged unless required by law. If payment cannot be charged to your credit card or if a charge is refunded and or returned for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to ATHLADE HP CORP at the time of the suspension or termination.

COLORS, PRODUCTS, SPECIFICATIONS, CONTENT

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. COLLABORATIVE NUTRITION LLC makes all reasonable efforts to accurately display the attributes of products, including the correct product colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner and you will follow directions of use.

INACCURACY DISCLAIMER

From time to time there may be information on this Site that contains inaccuracies, omissions or typographical errors, that may relate to product descriptions, availability and pricing. We reserve the right to correct any inaccuracies, omissions or errors and to update information at any time without prior notice (including after you have submitted your order).

IMPROPER USE OF THIS SITE

The content of this Site is the exclusive property of COLLABORATIVE NUTRITION LLC and you agree to not extract, modify, reproduce or distribute any of the Site’s content for any purpose other than for your own personal, non-commercial use, without the prior written consent of COLLABORATIVE NUTRITION LLC.

 

In addition, you agree not to use the Site to:

  1. In any way that violates any applicable federal, state, local and international law or regulation.

  2. To impersonate or attempt to impersonate COLLABORATIVE NUTRITION LLC and or an COLLABORATIVE NUTRITION LLC employee, another user, or person or entity.

  3. Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm COLLABORATIVE NUTRITION LLC or users of this Website or expose them to liability. The design and “look and feel” of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content software and other technology components of this Website are the sole properties of COLLABORATIVE NUTRITION LLC or its affiliates and suppliers. All rights reserved. You may not copy or modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, create derivative works of, republish, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

REPORTING INFRINGEMENT AND OFFENSIVE CONTENT

If you have a good faith belief that your intellectual property rights have been violated by any content or materials that are available on the Website, or if you come across any offensive or objectionable materials on the Website that you believe violate this or any other COLLABORATIVE NUTRITION LLC policy, or any other law, please let us know by following the instructions below.

REPORTING SUSPECTED COPYRIGHT INFRINGEMENT

If you have a good faith belief that your copyrighted work has been used in a manner that constitutes copyright infringement, you may notify us by sending us a detailed written notice. This notice must be physically or electronically signed by the copyright owner or another person that is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and must include the following information:
(i)        An identification of the copyrighted work claimed to have been infringed, or, if multiple        copyrighted works are covered by a single notification, a representative list of such works.

(ii)       An 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. Include information regarding the location of the infringing material that is sufficient to permit COLLABORATIVE NUTRITION LLC to locate the material. Providing URLs is the best way to help us locate content quickly.
(iii)      Your contact information, which should be reasonably sufficient to permit us to contact you, and should include the name of the copyright owner and, if you are not the owner, your name and title. Please provide your address, telephone number, and, if available, an e-mail address at which you may be contacted.

  1. 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.

  2. 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 copyright owner.

  3. Reporting All Other Intellectual Property Infringement and Objectionable Content. If you have a good faith belief that your intellectual property rights (other than copyright) are being violated, or that any content or materials available on the Website violate your rights, any COLLABORATIVE NUTRITION LLC policy or applicable law, or if you are reporting offensive or objectionable content or conduct to COLLABORATIVE NUTRITION LLC you may send us a written notice, describing in detail:
    (i) An identification of the nature and location on the Website of the content or materials at issue. Include information regarding the location of the content or material that is sufficient to permit COLLABORATIVE NUTRITION LLC to locate the content or material. Providing URLs is the best way to help us locate content quickly.
    (ii) The nature of your specific concerns about the content or material (for example, it is obscene, or it infringes on your trademarks or other proprietary rights).
    (iii) If you are reporting an infringement of your intellectual property rights (other than a copyright), identify the source of the rights that you believe are being violated (for example, a trademark registration number or a patent number).
    (iv) Your contact information, which should be reasonably sufficient to permit us to contact you, and should include the name of the owner of the content or material or the person to which the content or material relates to and, if you are not such person, your name and title. Please provide your address, telephone number, and, if available, an e-mail address at which you may be contacted.

  4. COLLABORATIVE NUTRITION LLC Contact Information; All written notices described above should be mailed to COLLABORATIVE NUTRITION LLC at:
    COLLABORATIVE NUTRITION LLC
    8 Dogwood Lane
    Katonah, NY 10536

 

THIRD PARTY WEBSITES

You agree that links to third party websites, including advertisements, are provided to you for convenience purposes only and that COLLABORATIVE NUTRITION LLC does not guarantee, endorse or have responsibility for the content, products or Services of any third party websites. Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by COLLABORATIVE NUTRITION LLC or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.  Linking to this Website. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.  If you believe this Site contains content that infringes on copyrights in your work, please e-mail the following information to info@athlade.com

TRADEMARKS AND COPYRIGHTS

Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of COLLABORATIVE NUTRITION LLC and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, including COLLABORATIVE NUTRITION LLC and its affiliates. Nothing contained on this Website allows or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of ATHLADE HP CORP.  Pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA.  ATHLADE HP CORP does not interfere with standard technical measures used by copyright owners to protect their materials.

COMMENTS AND SUGGESTIONS

We value our users and non-users comments, feedback, suggestions, ideas, and other forms of communications that you may provide to COLLABORATIVE NUTRITION LLC. (“Comments”). Comments shall be COLLABORATIVE NUTRITION LLC property and the offering of Comments to COLLABORATIVE NUTRITION LLC shall constitute your assignment (“comments”) to COLLABORATIVE NUTRITION LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, COLLABORATIVE NUTRITION LLC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. COLLABORATIVE NUTRITION LLC  shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments or (3) to respond to any user Comments. Any materials, information, or Comments you send us or post by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by COLLABORATIVE NUTRITION LLC for any purpose whatsoever.

We may provide opportunities for you to post text, photographs, or other content on the Services. You may only post such content if you own all the rights to that Content, or if you have permission from other people who own the rights. You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you provide to ATHLADE HP CORP.  We are not responsible for, and do not endorse, Comments posted by any other Services visitor. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Comments posted by another person.

LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, COLLABORATIVE NUTRITION LLC, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR ANY THIRD PARTY’S USE OF THE SITE OR THE PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, EVEN IF COLLABORATIVE NUTRITION LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S ACCESS OR USE OF THIS SITE, ANY CONTENT POSTED ON THIS SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED FROM COLLABORATIVE NUTRITION LLC.

 

LIMITATIONS OF LIABILITY

COLLABORATIVE NUTRITION LLC does not assume any responsibility, or liability, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL COLLABORATIVE NUTRITION LLC, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ATHLADE HP CORP TOTAL LIABILITY FOR ANY CLAIM OR SERIES OF RELATES CLAIMS EXCEED $5,000. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

REVISIONS TO THESE TERMS AND CONDITIONS.

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.

CHOICE OF LAW; JURISDICTION

These Terms and Conditions supersede any other agreement between you and COLLABORATIVE NUTRITION LLC to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the federal or state courts of the State of New York, County of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction of such courts for these purposes, and you hereby waive any objection to laying venue in any such courts. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TERMINATION

COLLABORATIVE NUTRITION LLC or you may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

HEALTH RELATED INFORMATION

The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with COLLABORATIVE NUTRITION LLC) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

INDEMNITY

You agree to indemnify and hold COLLABORATIVE NUTRITION LLC and its subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

DOMESTIC USE; EXPORT RESTRICTION

We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

GENERAL

COLLABORATIVE NUTRITION LLC failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

DELIVERIES

Orders will be shipped at the speed disclosed at checkout. This speed is subject to change due to increased order volume, or other factors beyond our control. We are not responsible for any shipping delays.

CANCELED ORDERS

There is a considerable work involved in fulfilling each order.  As a result, once you confirm your purchase, no refunds are offered. However, if you cancel your order at least 48 hours prior to a scheduled delivery you will be credited your purchase price for a future order.

REFUNDS FOR DAMAGED PRODUCTS

A COLLABORATIVE NUTRITION LLC will replace any product you can reasonably demonstrate was damaged before it left our facility, or during transit. If you received any damaged product, please e-mail us at orders@athlade.com.

PRODUCTS ARE SOLD “AS IS”.

ALL PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.

COLLABORATIVE NUTRITION LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE OR OF OUR PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE OR OF OUR PRODUCTS.

WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT COLLABORATIVE NUTRITION LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR ANY OTHER DAMAGES FROM YOUR USE OF THIS SITE OR OF OUR PRODUCTS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

PROFESSIONAL ADVICE DISCLAIMER

COLLABORATIVE NUTRITION LLC does not provide medical or counseling advice. None of our Services and nothing stated or posted on www.athlade.com is intended to be, and must not be taken to be, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes but is not limited to, diagnosis, prognosis, advice, orthopedic advice, chiropractic advice, psychiatry, psychology, psychotherapy advice or general health care treatment. Please seek the advice of your medical professionals as appropriate regarding the evaluation of any information, opinion or content found on www.athlade.com.

CONTENT IS FOR INFORMATIONAL PURPOSES ONLY

THE CONTENT OF THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANY WAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE, OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTH CARE PROVIDER. PLEASE CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.

 

INDEMNITY

You agree to indemnify and hold COLLABORATIVE NUTRITION LLC and its subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Governing Law and Venue. This Agreement shall in all respects be governed by and construed in accordance with the laws of the United States of America and of the State of [insert state] without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Unless the parties agree otherwise in writing, any proceeding under or concerning this Agreement shall take place in [insert appropriate county].

Mandatory, Bilateral Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in [County] in the State of California, and under the laws of the State of California.

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The number of arbitrators shall be determined in accordance with those Rules. In considering the facts and issues, in conducting the hearings, and in rendering a decision or award, the arbitrator is required to strictly apply the law of the State of California and failure to follow California law is grounds for vacating the decision or award. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court located in [County], California or injunctive relief necessary to enforce the Confidential Information provision of this Agreement. Each party shall equally divide the fees and costs of the arbitrator(s). Each party shall pay for its own costs and attorney’s fees, if any. However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.

Any party that seeks to confirm, vacate or have the judgment entered on any arbitration award shall do so exclusively in a court in [County], California. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in [County], California, for the purposes set forth above and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.

Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT YOU AND COLLABORATIVE NUTRITION LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

SEVERABILITY.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

WAIVER

No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.

STATUTE OF LIMITATIONS

YOU AND COLLABORATIVE NUTRITION LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OF ATHLADE HP CORP’S PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GOVERNING LAW

These Terms and your use of this Site and of our products shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in [County], California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

ENTIRE AGREEMENT

These Terms and all other provisions stated in or through this Site, including our Privacy Policy, state the entire agreement between the parties relating to use of this Site and the products sold through this Site. These Terms and any other provisions stated in or through this Site may be amended at any time by COLLABORATIVE NUTRITION LLC without notice.

QUESTIONS?

Please contact us at info@athlade.com 

Last Updated:
These Terms were last updated April, 2022.