Terms and Conditions
Welcome! Thank you for visiting us! Please read these terms and conditions of use (“Terms“) carefully. These Terms are a binding agreement between you and Premier Nutrition Corporation and its subsidiaries (“we“, or “us“). These Terms govern your use of our websites located at premierprotein.ca, and their subdomains, and any of our other websites or software applications containing a link to these Terms (collectively, our “Sites“).
BY USING ANY OF OUR SITES, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE ANY OF OUR SITES.
1. Related Agreements and Policies
b. Additional Terms. Some of our Sites, or portions of our Sites, may be subject to additional terms (“Additional Terms“), which will be described in separate policies posted on the applicable Sites. For example, any sweepstakes, contests, or similar promotions made available through our Sites will be governed by official rules that are separate from these Terms. The Additional Terms will supplement these Terms and will control over any conflict between the Additional Terms and these Terms with respect to the specific Sites, or portions thereof, subject to the Additional Terms.
a. No Children. Our Sites are not intended for use by children. If you are under thirteen (13), you may not use our Sites. If you are under eighteen (18), you may use our Sites only with the permission of a parent or guardian, but you may not purchase any products through our Sites. Adults may purchase our products with a credit card or other permitted payment method.
b. International Access. Our Sites are controlled and operated by us from our offices within the United States of America and are not intended to subject us to the laws or jurisdictions of any state, country, or territory other than the United States. If you do access and use any of our Sites outside the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (each, a “Law“) with respect to such access and use. Our Sites will not be able to process your orders for our products if you require shipping outside of the United States.
3. Prohibitions. You agree not to use any of our Sites or the content available on our Sites: (a) in violation of these Terms or any Law; (b) for any commercial purpose; (c) to transmit any material that is abusive, tortious, defamatory, obscene, invasive of another’s privacy, hateful, or otherwise objectionable, or to harass or harm another individual; (d) to transmit any unsolicited or unauthorized advertising or promotional materials; (e) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (f) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) to interfere with or disrupt any of our Sites or any networks used by us.
4. Products and Purchases. You agree that your purchases of products offered on our Sites are subject to our Sales Policies, which may be found here, and all of the other terms and policies presented to you at the time of purchase. The inclusion of a product on our Sites does not mean that such product will be available for purchase through our Sites, or through any retail or wholesale distributor. Products available through retailers or wholesalers may differ from those available on our Sites, and may be offered at different prices from those listed on our Sites. We do not warrant that the pricing information, availability information, product descriptions, or product images on our Sites are accurate, complete, reliable, current, or error-free.
5. Accounts and Passwords. In connection with particular features of our Sites, you may be required or permitted to establish a Site account (“Your Account“) with a username and password. By establishing Your Account, you represent and warrant that the information you provide is accurate and complete in all respects, and you agree to keep such information at all times complete, accurate, and up-to-date. You are responsible for maintaining the confidentiality of your password for any of our Sites, and you are solely responsible for all activities and purchases that occur under Your Account. We reserve the right to require you to alter your password if we believe that Your Account is no longer secure.
6. No Medical Advice. You expressly agree that: (a) our Sites and the content on our Sites are not intended to diagnose, prevent, cure, or treat any disease or other medical condition; and (b) neither we nor any of our content providers are providing medical advice through our Sites. The content presented through our Sites, whether provided by us or others, is not intended to be, and should not be used as, a substitute for the advice of your physician or other healthcare professionals. You should not disregard medical advice or delay in seeking medical advice because of any content presented through our Sites. Should you have any health-related questions, please contact or see your physician or other healthcare provider or professional promptly.
7. Our Content and Proprietary Rights. As between you and us, we own all content developed or acquired by us (“Our Content“), including but not limited to our selection and arrangement of Third Party Content (as defined below), but excluding Third Party Content itself. Our Content is protected under United States and international copyright Laws and is subject to other intellectual property and proprietary rights and Laws. In addition, the “Premier Nutrition”, “Premier Protein”, “Joint Juice”, and “Titan” names and logos as well as certain other of the names, logos, and materials displayed in or through our Sites constitute trademarks, trade names, service marks, or logos (collectively, the “Marks“) of us, our affiliates, content providers, or other entities. Ownership of the Marks and the goodwill associated with them remains with us or those other entities. You are not authorized to use any of Our Content or the Marks other than as expressly provided in these Terms. You must abide by all rights notices, information, or restrictions contained in or attached to any of Our Content and must not remove any trademark, copyright, or other notice from our Sites or any of Our Content.
8. Third Party Content (Including Your Content)
a. No Responsibility for Third Party Content. Users of our Sites (including you), and other persons and entities other than us, may post content or submit material (collectively, “Third Party Content“) to our Sites. We do not control any Third Party Content on our Sites. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Content expressed or made available on our Sites are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We take no responsibility and assume no liability for any Third Party Content. You use or rely on Third Party Content at your own risk.
b. Your Content. If you post content or submit material (collectively, “Your Content“) to any of our Sites, you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media. You grant us and our sublicensees the right to use the name, screen name, hometown, and other biographical information that you submit in connection with Your Content, if we or they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post; (ii) Your Content is accurate; (iii) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including without limitation the prohibitions on use of our Sites set forth above; (iv) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity; and (v) you will indemnify us, our affiliates, and our or their respective content providers, suppliers, distributors, or customers, or any of our or their respective officers, directors, employees, contractors, representatives, or agents (collectively, the “Premier Parties“) for all claims resulting from Your Content. You understand that if you include any personal information in Your Content you post on our Sites, that information may be visible to other users of our Sites, and you hereby authorize us to publish such personal information. We have the right but not the obligation to monitor and edit or remove any content from our Sites.
c. Feedback. If Your Content includes any suggestions, ideas, or other feedback about us, our Sites, or our products, (your “Submission“): (i) you grant us all necessary rights to use your Submission; (ii) you acknowledge and agree that we are free to use and otherwise act on your Submission with no financial, credit, or other obligation whatsoever to you, but we are not obligated to use your Submission in any way; (iii) you acknowledge and agree that we are not obligated to keep your Submission confidential; and (iv) you represent that your Submission is entirely your original work.
9. Third Party Services and Sites. Portions of our Sites may allow you to use third party products and services, which may include without limitation coupon-printing software and social networking services, and our Sites may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services“). We are not associated with any Third Party Services. Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor are our Sites approved or endorsed by any Third Party Services. The Premier Parties have no responsibility to you for any Third Party Services.
10. Linking to Our Sites. If you wish to link to any of our Sites, you may include an active link on any website you control directing a browser to the home page of that Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to any of our Sites in any way that: (a) alters the look, feel, or functionality of any aspect of our Sites; or (b) in any way that disparages our Sites or products or that could injure the reputation or goodwill of the Premier Parties or any of their products.
11. Infringement Claims. We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third Party Content that violates copyright, trademark, or other intellectual property Laws, suspending access to all or any portion of our Sites to any user who uses our Sites in violation of any such Law, and/or terminating in appropriate circumstances access to our Sites and the account (if any) of any user who uses our Sites in violation of any such Law. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with Title 17 of the United States Code, Section 512. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of any of our Sites, please provide written notice to the following agent for notice of claims of infringement:
5905 Christie Avenue
Emeryville, CA 94605
Tel: (888) 836-8977
Fax: (415) 948-2497
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the Law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury (in the case of a claim of copyright infringement), that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
12. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT USE OF ANY OF OUR SITES, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PREMIER PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). IN PARTICULAR, THE PREMIER PARTIES DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF OUR SITES WILL BE ACCURATE OR RELIABLE. THE PREMIER PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.
13. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE PREMIER PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES, (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE ANY OF OUR SITES OR (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH ANY OF OUR SITES. SHOULD ANY PREMIER PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.
14. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the Premier Parties will be the minimum permitted under such applicable Law.
15. Indemnification. You shall indemnify, defend and hold harmless Post and its directors, officers, employees, and agents from and against any and all claims, actions, judgments, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or relating to your use of this site and services or any content, your violation of these terms and conditions, or your uploading, submitting or posting of Your Content. We reserve the right to terminate your access to the site at any time, without notice, for any reason whatsoever. You agree that we are not responsible for any content posted by a visitor to this site or for any conduct of any visitor to this site or any other third party.
16. Refusal of Service; Modification of Sites; Termination. We reserve the right to refuse service, cancel orders, terminate accounts, remove or edit content, or modify or discontinue any of our Sites in our sole discretion. We may terminate, suspend, or modify your access to, registration with, or ability to purchase from all or part of any of our Sites, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of any of our Sites, or any third party.
18. Disputes. These Terms and the relationship between us will be governed by the Laws of the State of California as applied to agreements made, entered into, and performed entirely in California, notwithstanding your actual place of residence. All lawsuits arising out of or relating to these Terms or your use of any of our Sites will be brought in the Federal or State courts located in San Francisco County, California. We and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and waive any objection to such courts on any basis, including without limitation improper venue or inconvenience of the forum.
19. California Users. Under California Civil Code Section 1789.3, California users may be entitled to the following consumer rights notice: If you have a question or comment about any of our Sites, you may send us an email at firstname.lastname@example.org. You also may contact us by writing to: Premier Nutrition Corporation, P.O. Box 19366, San Francisco, CA 94119-3666; or by calling us at 888-642-9941. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
20. Electronic Communications Notice. When you use our Sites or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable Site. You may update your information for notice purposes by logging in to Your Account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate Your Account (if any) and you may not use our Sites.
Last Revised On: October 1, 2014