Terms and Conditions

These Terms of Use, together with any documents expressly incorporated herein by reference (collectively, these “Terms”), apply to your use of any website owned or operated by or on behalf of B's Ergogenic Shop or any of its affiliates from time to time, and all other sites, services and tools where these Terms appear or are linked (collectively, our “Sites”).

BY ACCESSING, BROWSING OR OTHERWISE USING ANY SITE, MAKING A PURCHASE USING OUR SITES, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR OTHERWISE USE ANY SITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN US AND YOU. 

BE ADVISED THAT THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY THAT MAY BE APPLICABLE TO YOU.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and B's Ergogenic Shop may have against each other are resolved (see the Sections entitled “LIMITATION OF LIABILITY,” “MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT,” “CLASS ACTION WAIVER,” “DISCLAIMER OF WARRANTIES” and “GENERAL PROVISIONS” below). These Terms also contain an agreement to arbitrate, which will, with limited exceptions specified herein, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with Subsection 10 of the Section entitled “MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER” below. Unless you opt out in accordance with such Subsection 10: (1) you will be permitted to pursue claims against B's Ergogenic Shop only on an individual basis, not as part of any class or representative action or proceeding; and (2) you will be permitted to seek relief (including without limitation monetary, injunctive, and declaratory relief) only on an individual basis.

We may revise these Terms at any time without notice by updating this posting, and such changes will be effective immediately upon being posted. When these Terms are revised, we will revise the “Effective as of” date set forth at the beginning of these Terms. By using any Site, you agree to be bound by all such revisions and should therefore periodically review these Terms. We reserve the right to modify, suspend or discontinue any part of our Sites at any time with or without notice and without liability. If you breach any of these Terms, your authorization to use our Sites automatically terminates and you must immediately destroy any downloaded or printed Materials (as defined below) obtained from any Site and discontinue use of our Sites and Materials. Our Sites are intended for use by individuals eighteen (18) years of age or older. However, if you are under eighteen (18), you may use our Sites only with involvement and permission of a parent or guardian and by such use your parent and/or guardian hereby agrees to be, and will be, held jointly and severally liable for any claims arising from your use of our Sites.

USE
When you create an account on our Sites, or otherwise submit information on our Sites, you must provide us with accurate and complete information. Any use or access of any Site by anyone under the age of thirteen (13) is prohibited. For purposes of these Terms, “you” or “your” means the individual accessing or using any Site. If such individual accesses or uses any Site on behalf of any company, organization, or other entity, then (1) “you” also includes that entity, and (2) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

OWNERSHIP; LICENSE GRANT
Our Sites and all materials on our Sites, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, software and other files, and the selection and arrangement of the foregoing (the “Materials”), are owned by B's Ergogenic Shop

, its licensors or other third-party providers of such Materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title or interest in or to any Site or Material is transferred or assigned to you, and all rights not expressly granted are reserved by us. Subject to your compliance with these Terms, B's Ergogenic Shop hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license for the term of these Terms to display, copy, distribute and download the Materials on our Sites for your personal, noncommercial use only. Except as expressly permitted herein, you may not distribute, copy, reproduce, display, republish, download, upload, modify, perform, create derivative works from, exploit or transmit any Site or Materials, including for commercial use, without our prior written approval. You may not “frame” or “mirror” any Materials contained on our Sites on any other website or server without our prior written permission or delete or alter any copyright, trademark or other proprietary rights notice from any Site or Material or any copy thereof. Any unauthorized use of any Site or any Materials contained on our Sites is a breach of these Terms and may violate intellectual property laws, the laws of privacy and publicity, and other laws and regulations.

TRADEMARKS; TRADE DRESS
The trademarks, service marks, trade names, and logos used and displayed on our Sites (the “Trademarks”) are registered and unregistered trademarks of B's Ergogenic Shop or third parties. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of B's Ergogenic Shop or third parties, and none of the foregoing may be copied, imitated or used, in whole or in part, without the prior written permission of B's Ergogenic Shop. Nothing herein or on our Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on our Sites, without the express written permission of B's Ergogenic Shop. Unauthorized use of the Trademarks displayed on our Sites is strictly prohibited. You hereby agree that all goodwill that arises in connection with your use of Trademarks inures exclusively to B's Ergogenic Shop, and you agree not to challenge B's Ergogenic Shop ownership or control of any Trademarks.

YOUR ACCOUNT
You may be required to create and register an account with B's Ergogenic Shop in order to access certain services in or areas of our Sites. With respect to any such creation and registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only. If you use our Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under, on or using your account or password. In addition to all other rights available to B's Ergogenic Shop including those set forth in these Terms, B's Ergogenic Shop reserves the right, without notice and in its sole discretion, to terminate your account, refuse service to you, or cancel orders. 

USER COMMENTS, SUBMISSIONS AND REVIEWS
Any comments, reviews, feedback, notes, messages, ideas, suggestions, photographs, recordings or other Materials, information or communications sent or submitted to or via our Sites or otherwise provided to us by you (collectively, “User Content”) is and shall be and remain the sole and exclusive property of B's Ergogenic Shop Your sending or submission of any User Content shall constitute and is an assignment to B's Ergogenic Shop, and you hereby assign to B's Ergogenic Shop any and all right, title and interest in and to all User Content, which assignment is hereby effected. B's Ergogenic Shop entitled to use, reproduce, disclose, publish and distribute any User Content for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, please do not send us any User Content that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You acknowledge and agree that we reserve the right (but have no obligation) to alter, remove, or refuse to post or allow to be posted any User Content, in our sole discretion. Please note that Site visitors may post content, information, or other Materials that are inaccurate, misleading, or deceptive. B's Ergogenic Shop neither endorses nor is responsible for any content, opinion, advice, information, material or statements of or made available by third parties. B's Ergogenic Shop will not be liable for any loss or damage caused by or otherwise arising out of your use of or reliance on any such content, opinion, advice, information, material or statement. The opinions expressed by third parties reflect solely the opinions of the individuals and/or entities who submitted such opinions and may not reflect the opinions of North 40 Outfitters. You agree that in submitting User Content: (1) you will submit only User Content that complies with applicable law, and you will not submit User Content that infringes, misappropriates or violates any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; is fraudulent, or contains false, misleading, untruthful or inaccurate statements, claims or representations; is threatening, abusive, harassing, inflammatory, discriminatory, defamatory, libelous, deceptive, fraudulent, tortious, obscene, vulgar, pornographic, offensive, profane, repetitive, or otherwise inappropriate; contains any viruses or other software that may adversely affect the operation of B's Ergogenic Shop or any third party’s systems, networks or computers; or impersonates any person or entity; (2) such User Content will be deemed non-confidential to you; and (3) to the extent the foregoing assignment of User Content is ineffective or invalid for any reason, you hereby grant to B's Ergogenic Shop a nonexclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, fully transferable, fully sublicensable license to use, copy, modify, publish, perform, transmit, create derivative works from, distribute and display all User Content, and you hereby waive any and all moral rights you may have in such User Content; and (4) you hereby grant to B's Ergogenic Shop the right to use on our Sites the user name and/or identifier (or any portion thereof) submitted in connection with such User Content, in B's Ergogenic Shop sole discretion. You represent and warrant to B's Ergogenic Shop that you have all rights necessary to make the assignment made and grant the licenses and rights granted by you to us in these Terms.