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Terms of Service

OVERVIEW

Please read these terms and conditions which govern the relationship between you and Transform Supplements, LLC. Throughout the website (“Site”), the terms “We”, “Us”, “Our” refer to Transform Supplements, LLC.

By using this Site, and/or purchasing something from Us, you engage in Our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).  If you do not agree to these terms and conditions, do not use this Site.  We reserve the right to change, modify, add, or remove portions of these terms and conditions at any time; please check here periodically for changes.  If required by law, We will provide notice of material changes by posting a notice on this Site.  Your continued use of this Site following posted changes constitutes your acceptance of those changes. 

PRIVACY AND SECURITY

We are committed to protecting the privacy and security of personal data and other information you submit on this Site.  Please see Our Privacy Policy for further detail.

INTELLECTUAL PROPERTY

All content, and the compilation of such content, on this Site is Our property, except for any content belonging to third-party service providers, and is protected by American and international copyright laws.  Our intellectual property (“IP”), which includes but is not limited to Our registered trademarks, trademarks, trade names, trade dress, domain names, logos, and products, may not be used without Our express authorization and, without limiting the generality of the foregoing, Our IP may not be used in connection with any products or services that do not belong to Us, or are authorized by Us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Us.  All other trademarks appearing on this Site that do not belong to Us are the property of their respective owners.    

LICENCE AND RESTRICTIONS ON USE

You may use this Site only as permitted by law. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Site.  We have copyright in all material contained on this Site, unless otherwise expressly stated.  None of the material on this Site may be copied, reproduced, duplicated, republished, resold, framed, uploaded, posted, transmitted, distributed, or otherwise exploited in any way.  Any modification to the materials on this Site, or use of such materials for any other purpose other than those described herein, violates Our copyright and other proprietary rights and is strictly prohibited.  We reserve and retain all rights not expressly granted to you in these terms and conditions.  It is expressly prohibited, and a violation of these terms and conditions and Our proprietary rights, to link to this Site without obtaining Our prior written consent. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Please contact Us at the e-mail address listed below to request Our consent.

YOUR ACCOUNT

By using this Site, you represent that you are at least the age of majority in your state, province, or place of residence.  To order products on this Site, you may create and use a customer account or you may checkout as a guest.  You are responsible for maintaining the confidentiality of your account and password.  You are also responsible for all activities that occur under your account or password, and for keeping your information true, accurate, current and complete.  You may not use Our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in immediate termination of your Services.  If you know or suspect that the confidentiality of your account and password havebeen compromised, you must immediately change your password; if you have any difficulties, please notify Us at the e-mail address listed below.     

We reserve the right to refuse service, terminate accounts, terminate your rights to use this Site, remove or edit content, and cancel orders, at Our sole discretion and without notice. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made, but are not required to do so. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.

ELECTRONIC COMMUNICATIONS

You are communicating with Us electronically when you send messages on this Site or send Us e-mails.  You consent to receiving electronic communications from Us such as e-mails, messages on this Site, and notices posted on this Site.  You agree that all agreements, notices, messages, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.  

DISCLAIMER REGARDING INFORMATION AND PRODUCTS

We are not responsible if information made available on this Site is not accurate, complete, or current. Information on this Site is provided for informational purposes only and is not meant to substitute for the advice of your physician or other healthcare professional.  We are not responsible for, and shall not be liable for, your or any other person’s actions or decisions taken in reliance on the information on this Site. Any reliance on the material on this Site is at your own risk.  Our products should not be confused with prescription medicines and should not be used as a substitute for medically-supervised therapy.  Consult with a qualified healthcare professional before beginning any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a medical condition.      

THE INFORMATION AND PRODUCTS ON THIS SITE MAY CONTAIN STATEMENTS THAT HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION.  THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.    

REVIEWS, COMMENTS, AND OTHER CONTENT

If, at Our request, you send certain specific submissions (e.g., contest entries) or, without a request from Us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Comments”), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You may post product reviews, Comments, and other content (“Content”) on this Site, and We may at Our sole discretion, but have no obligation to, monitor, edit or remove Content that We determine in Our sole discretion are unlawful, obscene, offensive, threatening, libelous, defamatory, pornographic, invasive of privacy, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Content will not contain libelous or otherwise unlawful, abusive or obscene material, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages, or contain any software virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, impersonate any person or entity, or otherwise mislead Us or third-parties as to the origin of any Content you post. We take no responsibility and assume no liability for any Content posted by you or any third-party. You represent and warrant that you own or otherwise control all rights to the Content you post, and that the Content is accurate, does not violate these terms and conditions, and will not cause injury to any person or entity, and that you will indemnify Us for all claims resulting from Content you post.  We are not responsible or liable for any Content posted by your or any third-party on this Site.

When you post Content on this Site, you grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, and display such Content throughout the world in any media for all purposes, including in advertising and promotions.  You further grant Us the right to use the name you submit in connection with such Content.  We reserve the right, but not the obligation, to remove or edit any Content you post on this Site.

Please see Our Privacy Policy regarding the personal data of children and sensitive personal information.  

PRODUCTS AND PRICES

We strive to provide accurate product and pricing information on this Site, but pricing and typographical errors may occur from time to time. We have made every effort to accurately display the colors and images of Our products that appear on the Site, but cannot guarantee that your display of any colors or images will be accurate. We do not guarantee the availability of any product described on this Site.  All prices shown are prior to any applicable duties, taxes, or shipping costs.  We reserve the right to limit sales or quantities to any person, geographic region, or jurisdiction, and to correct errors or omissions prior to processing a purchase order.

We are not liable for any errors or omissions on this Site or for unavailability of any product.  Information including product availability and pricing is subject to change, at Our discretion, at any time without notice. We reserve the right to discontinue any product at any time without notice. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on this Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

THIRD-PARTY LINKS

Certain content, products and services available via the Site may include materials from third-parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating their content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We may also, in the future, offer new services and/or features through the Site (including, but not limited to, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

INDEMNITY

You agree to defend, indemnify and hold harmless Transform Supplements, LLC, its affiliates, their respective officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any claims, liabilities, damages, losses, expenses, actions, or demands, including without limitation reasonable legal, attorney’s and accounting fees and costs (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Indemnified Parties, arising out of or in connection with: (1) your access to and use of this Site; (2) your purchase or use of any Service or product made available through this Site; (3) your breach of these terms and conditions or any other policy on this Site; (4) your infringement of any intellectual property, publicity, confidentiality, property, or privacy right of any person; (5) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including without limitation all regulatory, administrative, and legislative authorities; and (6) any misrepresentation made by you. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Depending on your place of residence, the laws applicable in that jurisdiction may not allow all or part of the below limitations of liability or exclusions to apply to you; the following limitations and exclusions will apply to you only to the maximum extent permitted by applicable law.      

YOU AGREE THAT THIS SITE AND ALL OF ITS CONTENTS, MATERIALS, PRODUCTS, PRICES, AND SERVICES MADE AVAILABLE THROUGH THIS SITE (“CONTENTS”) ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND “NON-RELIANCE” BASIS.  YOU AGREE THAT YOU USE THIS SITE AT YOUR SOLE RISK AND THAT TRANSFORM SUPPLEMENTS, LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION THEIR ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR ACCESS TO THIS SITE WILL BE CONTINUOUS OR UNINTERRUPTED. 

YOU AGREE THAT TRANSFORM SUPPLEMENTS, LLC, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ITS CONTENTS.  YOU ACKNOWLEDGE THAT THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, SAVINGS, SALES, BUSINESS OR REVENUE, LOSS OF REPUTATION OR GOODWILL, LOSS OF CHANCE OR OPPORTUNITY, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS SITE OR ITS CONTENTS. 

YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THIS SITE.

GOVERNING LAW AND JURISDICTION

This Site can be accessed in numerous countries and regions around the world, each with its own laws and regulations that may differ from those of the United States of America.  By accessing this Site, you agree that all matters relating to access or use of this Site, or any hyperlinked site, shall be governed exclusively by the laws of the United States of America, without regard to conflict of laws principles.  You are responsible for complying with your own local laws and regulations.    

SERVABILITY

If any part of these terms and conditions is deemed indefinite, invalid, illegal, void, or otherwise unenforceable, that part shall be deemed severable and other parts of these terms and conditions will continue in full force and effect. 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or Us. You may terminate these Terms of Service at any time by notifying Us that you no longer wish to use Our Services, or when you cease using this Site.

If, in Our sole judgment you fail, or We suspect that you have failed, to comply with any term or provision of these Terms of Service, We also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by Us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and Us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. These terms and conditions constitute the entire agreement between you and Us governing your use of this Site.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@transformsupplements.com.

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