Welcome to PUN. This website (“Site”) is owned and operated by Power Up Nutrition , LLC in Bethlehem, Pennsylvania. By visiting or shopping at this site you accept these conditions, so please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time. Please check these Terms and Conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them. If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Site.
Privacy- Please review our Privacy Statement, which also governs your visit to the Site, to understand our practices.
DISCLAIMERS- You acknowledge and agree that:
Power Up Nutrition makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. Power Up Nutrition hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall Power Up Nutrition be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether Power Up Nutrition has been advised as to the possibility of such damages.
Power Up Nutrition is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site,Power Up Nutrition will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site; such information should, therefore, be considered as suspect and is not endorsed by Power Up Nutrition. Power Up Nutrition intends to update this site on a regular basis but assumes no obligation to update any of the content.
All content included on this Site, including, but not limited to, text, graphics, photographs, images, button icons, page headers, moving images, sound, illustrations and software (“Content”), is owned by Power Up Nutrition and/or its third-party providers and is protected by United States and international copyright laws. Power Up Nutrition,LLC. ALL RIGHTS RESERVED.
You may not modify, remove, delete, augment, add to, publish, display, transmit, retransmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content displayed on this Site without obtaining the prior written permission of Power Up Nutrition.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, the Content, or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of Power Up Nutrition or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
All trademarks, service marks and trade names of Power Up Nutrition are trademarks or registered trademarks of Power Up Nutrition or its affiliates and third-party licensors, including, but not limited to: Power Up Nutrition. Nothing contained in or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of Power Up Nutrition has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way whatsoever is strictly prohibited. Power Up Nutrition operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.
You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent. This includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from Power Up Nutrition on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Power Up Nutrition without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written consent.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Power Up Nutrition will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
RISK OF LOST PRODUCTS
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We are not responsible for the content of any sites that may be linked to or from this Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Power Up Nutrition, and Power Up Nutrition has no control over the content of that other website. In addition, a link to any other website does not imply that
Power Up Nutrition endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Power Up Nutrition of that third party or of any product or service provided by a third party. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Power Up Nutrition or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Power Up Nutrition logo or other proprietary graphic or trademark as part of the link without our prior express written permission.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL POWER UP NUTRITION OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF DATA OR PROFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO POWER UP NUTRITION RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF POWER UP NUTRITION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE LIABILITY OF POWER UP NUTRITION AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE POWER UP NUTRITION SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY POWER UP NUTRITION IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
Prices, descriptions and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted whether or not the order has been confirmed and your credit card charged).
You agree to use this Site only for lawful purposes. You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review),POWER UP NUTRITION may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate POWER UP NUTRITION or to protect the rights or property of POWER UP NUTRITION, its Associates and you.
POWER UP NUTRITION reserves the right to prohibit conduct, communication, or Content that POWER UP NUTRITION deems in its sole discretion to be unlawful or harmful to you, POWER UP NUTRITION, any rights of POWER UP NUTRITION, or any third party. Notwithstanding the foregoing, neither POWER UP NUTRITION nor its Associates can ensure prompt removal of questionable content after online posting. Accordingly, neither POWER UP NUTRITION, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
TERMINATION OF ENTRY
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, POWER UP NUTRITION or its Associates.
SALES TO MINORS
You agree to defend, indemnify and hold harmless POWER UP NUTRITION including its officers, members, subsidiaries, parents, affiliates, successors, assigns, agents, suppliers and employees, from and against any and all claims, damages (actual and statutory), judgments, penalties, fines, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of the Site, (b) your tender of User Submissions, and (c) your warranties, representations or agreements contained in these Terms and Conditions
UNITED STATES SALES
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting POWER UP NUTRITION apparel available in the United States and select foreign markets. This Site is controlled and operated by POWER UP NUTRITION from its Pa headquarters.
If a dispute arises between the Parties (including any agents, employees, officers, representatives or related entities or persons) arising under Your visit to this website or otherwise so long as it does not a claim for criminal or statutory violations, then the dispute shall be submitted for arbitration, and the Parties agree to be bound by the result.
The Parties agree to binding arbitration, and has waived the right to submit the dispute for determination by a judge or jury trial, the parties acknowledge that pre-arbitration discovery is generally more limited than and different from that allowed in court proceedings, the Parties acknowledge that the arbitrator’s award is not required to include factual findings or legal reasoning, the Parties acknowledge that the arbitration award is final and binding on the Parties, and the Parties further acknowledge and agree that the grounds for appeal of an arbitration award are very limited compared to a court judgment or jury verdict. It is further agreed and understood that initial resort to the courts by either party shall not be considered a waiver of that party’s right to compel binding arbitration under this provision. Arbitration shall be in accordance with Pennsylvania Court Rule
Your obligations under these Terms and Conditions shall survive termination, and shall be binding on your heirs, administrators, successors and assigns.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
SHIPPING & HANDLING COSTS
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a product from the POWER UP NUTRITION, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.