This Website is owned and operated by Empact Bars and its affiliates (collectively, "Empact Bars", "US", "WE", or "OUR"). PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS (collectively with any amendments, the "Terms") BEFORE USING THE EMPACTBARS.COM WEBSITE OR ANY OTHER WEBSITE OPERATED BY US (COLLECTIVELY, THE "SITES"), OR BEFORE PLACING AN ORDER OR USING ANY SERVICES PROVIDED BY EMPACT BARS (the "SERVICES"). THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THE SITES IN ANY WAY:
(1) YOU AKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS,
(2) YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS, AND
(3) YOU AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR OUR PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE OUR PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, PLEASE DO NOT PLACE ON ORDER FOR Empact Bars'S PRODUCTS OR SERVICES AND EXIT THE SITES AND OUR SERVICES IMMEDIATELY AND DO NOT USE THEM.
These Terms apply to all users of the Sites, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. To the extent of any express inconsistency with any other agreement you may have with us for products, Services, or otherwise, that other agreement will prevail unless otherwise explicitly stated therein. If these Terms refer or relate to a clause that is not part of that other agreement, then these Terms will apply as well, if you are a user of the Sites.
The Sites and Services may offer health, fitness, and nutrition-related information, but are designed for informational purposes only. THIS INFORMATION DOES NOT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND YOU SHOULD NOT RELY ON IT FOR THIS REASON. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL OR PROVIDER. BY USING THE SITES, YOU AGREE THAT THE USE OF ANY INFORMATION PROVIDED ON THE SITES, OUR PRODUCTS, OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, medical advice or counseling care. For the purposes of the Terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition, and fitness counseling or providing any kind of health care treatment, instructions, diagnosis, prognosis, or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites, our products and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our licensors. We do not recommend or endorse any specific tests, physicians, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by the Sites or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.
You must only use the Sites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts, harms, interferes with, or inhibits anyone else's enjoyment of the Sites. You may not without our prior written consent:
Furthermore, you agree you will not access or use the Sites or Services to:
Empact Bars will not be responsible or liable to any third party for the content or accuracy of any information or materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites in our sole discretion.
If you upload any photographs, comments, information (including, but not limited to, measurements, weight, or aerobic and strength test results), video clips, or other media to the Sites (the "Uploaded Content"), Empact Bars has the exclusive right to use any and all such elements of the Uploaded Content in connection with or as part of its business without your permission, including in connection with any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, websites or any online materials, in perpetuity throughout the world as Empact Bars in its sole discretion sees fit without further consent or payment. Empact Bars has all right, title, and interest in any and all such Uploaded Content, or the results and proceeds from such use of the Uploaded Content. Empact Bars has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its affiliates. Empact Bars may alter, adapt, or edit the Uploaded Content and any further material created using the Uploaded Content, and market and exploit it entirely at Empact Bars's sole discretion. Empact Bars is not obliged to use any of the Uploaded Content or exercise any of the rights granted by these Terms.
You agree to only post Uploaded Content that is owned by you and features you, and no other third parties. When you post Uploaded Content, you agree to treat your login credentials and password confidential and ensure that they are not shared with any third party. You understand that any Uploaded Content may be seen by anyone on the Internet or outside of the Internet.
All material and content on the Sites, including, without limitation, all of Empact Bars's logos, design, text, graphics, photos, software, other files, and the selection, arrangement, and modification thereof (the "Content") is Copyright © 2012-2016 Empact Bars LLC. ALL RIGHTS RESERVED. Empact Bars, its licensors, or suppliers own and retain all proprietary rights in all products or services available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, transmitted, published, downloaded, performed, displayed, posted, sold, altered, or made into other or derivative works in any form or through any means, including, but not limited to, electronic, mechanical, photocopying, recording, printing, or otherwise, without the prior written consent of Empact Bars or the respective copyright owner. For example, you may not, without the express written permission of Empact Bars or the respective copyright owner, (a) copy, publish, or post any Content on any computer network or broadcast or publications media; (b) modify the Content; or (c) remove or alter any copyright or other proprietary notices contained in the Content. You also may not (a) sell, resell, or make commercial use of the Content, the Sites, or any other materials, services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or the Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Empact Bars or any third party.
Empact Bars may remove content from the Sites that appears to infringe the copyright or other intellectual property rights of others, including, but not limited to, moral rights. Empact Bars may terminate access by users who appear (in Empact Bars's own discretion), to infringe the copyright or other intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that Empact Bars or any user of the Sites has infringed your work in a way that constitutes copyright infringement, please contact us and include the following information:
Please direct inquiries regarding intellectual property infringement issues by email to firstname.lastname@example.org, or by mail to Empact Bars, 201 Milwaukee Street, Suite 200, Denver, CO 80206.
Prices for our products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue any product or Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Certain products or Services may be available exclusively online through Sites. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have taken reasonable precautions to make sure that all products and Services available on the Sites are correct and fairly described. However, when ordering products or Services through the Sites, you acknowledge and understand the following:
Empact Bars reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities ordered or purchased. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
If you use the Sites to place an order, payment must be received by Empact Bars prior to our acceptance or fulfillment of the order, unless otherwise agreed by Empact Bars. All Empact Bars products and Services are subject to sales tax (where applicable), which will be applied to your order total. Empact Bars may need to verify information you provide before we accept an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund the payment in accordance with our Return Policy. Empact Bars expressly conditions its acceptance of your order on your agreement to these Terms.
You agree to provide true, current, complete and accurate purchase and account information for all purchases made through the Sites. You agree that the email account you provide to us is registered to you. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Empact Bars may restrict or prohibit your access to and use of the Sites or other products and Services if Empact Bars believes you have provided untrue, inaccurate, incomplete, or otherwise false information to Empact Bars, or for any other reason that Empact Bars, in its sole discretion, deems appropriate.
Empact Bars will use commercially reasonable efforts to ship products within a reasonable time after receiving your order. Although we may provide delivery or shipment timeframes or dates, you understand those are Empact Bars's good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available.
If you choose to receive a product or Service from the Sites or otherwise on an auto-pay, auto-renewal, or monthly (or other period) basis ("Autopay"), the product or Service will continue via Autopay until cancelled by you or by Empact Bars. If you have provided a valid credit card number or an alternate payment method, payment for your Autopay product, including shipping and handling and applicable taxes, will automatically be processed either all in the first Autopay period or in each Autopay period on or around the same day of the month as your initial Autopay purchase. The amount for each actual Autopay payment may vary. Autopay payments will reflect pricing of the Autopay product at the time of your order of the applicable product or Service, excluding promotional or discount pricing. Empact Bars may cancel your Autopay subscription or the Autopay program at any time for any reason or for no reason. If you want to modify or cancel your Autopay subscription, please call us at 1-855-933-3348 or email us at email@example.com. Modifications or cancellation of your Autopay must be received at least 5 days prior to the next scheduled payment in order to take effect for that Autopay period. Cancellations received less than 5 days prior to the next scheduled payment will take effect in the following Autopay period.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft).
Certain content, products, and Services available via the Sites may include materials from third parties. Third-party links on the Sites may direct you to third-party websites that are or are not affiliated with us. The inclusion of any link does not imply affiliation, endorsement, or adoption by Empact Bars of the site or any information contained therein. We make no claim or representation regarding, and are not responsible for examining or evaluating, the content or accuracy of the content 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. When leaving the Sites, you should be aware that the Terms no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site. 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.
Similarly, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new products, Services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, 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. We may, but have no obligation to, monitor, edit or remove any Comments or other content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. You agree that your Comments 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 Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party. You understand that any Comments may be seen by anyone on the Internet or outside of the Internet.
The Sites and all products and Services delivered to you through the Sites are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. We do not guarantee, represent, or warrant that your use of the Sites, including, without limitation, any Service, will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Sites will be accurate or reliable. You agree that from time to time we may remove the Sites for indefinite periods of time or cancel any Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Sites is at your sole risk. You acknowledge and agree that Empact Bars does not control in any respect any advertisements, products, product descriptions, or content offered by third parties on or through the Sites, including, but not limited to, information, products, or services provided by license to Empact Bars from third parties. Nor does Empact Bars make any warranty as to the results that may be obtained from the use of the Sites, any products or Services offered or sold through the Sites, or its content. Empact Bars disclaims any warranty or representation that confidentiality of information transmitted through the Sites will be maintained. To the extent allowed by law, Empact Bars disclaims all warranties and conditions not explicitly stated herein.
In no event, including, without limitation, negligence, shall Empact Bars, our directors, officers, employees, members, agents, affiliates, agents, representatives, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, compensatory, exemplary, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from (i) the Sites, (ii) the use or inability to use the Sites, (iii) the use of or reliance on any content or information displayed in or on the Sites, (iv) the purchase or use of any products or Services through the Sites or otherwise, (v) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (vi) errors, system down time, network or system outages, or file corruption or service interruptions, or (vii) otherwise under the Terms, whether or not reasonably foreseeable, even if Empact Bars or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy. Notwithstanding anything to the contrary in these Terms, Empact Bar's liability to you for any cause of action or claim whatsoever, and regardless of the form or type of action, will at all times be limited to the amount paid, if any, by you to Empact Bars for any products or Services supplied by us through your use of the Sites or otherwise.
Empact Bars does not warrant, guarantee, or make any representations that the Sites are free of any viruses or other destructive materials, or that access to the Sites will be uninterrupted, timely, secure, or error-free, or that defects (if any) will be corrected.
If any provision or part of these Terms is found to be invalid, unlawful, void, or unenforceable for any reason, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms.
The terms of this section apply to the extent permitted by law.
The Sites are owned, controlled, operated, and administered by Empact Bars within the United States of America. Empact Bars makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the content, products, or Services available through the Sites are illegal is prohibited. You may not use the Sites to export any of the Content, products, or Services in a way that violates U.S. export laws and regulations or other U.S. laws and regulations. If you choose to access the Sites from locations outside of the United States, you agree to do so at your own risk, and are responsible for compliance with local laws, if and to the extent applicable. Empact Bars reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction (in our sole discretion), and to limit the quantities of any products or Services that we provide.
You agree to indemnify, defend, and hold harmless Empact Bars and our parents, subsidiaries, affiliates, partners, officers, members, managers, directors, agents, employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party related to, or arising out of, your use of the Sites, your violation of these Terms or the documents or other policies they incorporate by reference, or your violation of any law or the rights of a third party.
These Terms are effective unless and until terminated by Empact Bars. Notwithstanding any of these Terms, Empact Bars, without notice and in its sole discretion for any reason or no reason, may terminate the Terms or your ability to use the Sites and may also block or prevent future access to and use of the Sites.
Only Empact Bars and you are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.
If Empact Bars conducts a contest, challenge, or game on the Sites, the rules governing any of the foregoing will be accessible either on the page where the contest, challenge, or game is located, through a hypertext link displayed on such page, or in an email notification sent out to you about the contest, challenge, or game. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
Empact Bars may update or amend the Terms from time to time without notice to you. Your continued use of the Sites and/or Services or other products of Empact Bars after any such changes constitutes your acceptance of the new Terms. Any updates or amendments will be posted on the Sites. The Terms displayed on the Sites at the time the order is accepted will apply to the order. It is your responsibility to check the Sites periodically for changes of the Terms.
Empact Bars may also update, modify, change, suspend, make improvements to, terminate, cancel, or disrupt any aspect of the Sites, the Services, or any products available through or outside of the Sites, temporarily or permanently, including, without limitation, the availability of any part of the Sites or access to any part of the Sites, at any time without notice to you.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product/Service 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 on the Sites 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 Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites, should be taken to indicate that all information ion the Sites has been modified or updated.
If any provision of these Terms is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this agreement are not affected or impaired in any way.
These Terms constitute the entire agreement among Empact Bars and you with respect to your use of the Sites, your purchase of products or Services through the Sites, and any use of Empact Bars's products and Services by you. These Terms supersede any other terms and conditions previously published by Empact Bars and any other representations or statements made by Empact Bars to you, whether oral, written, or otherwise.
Empact Bars may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. You may not assign or transfer any rights or obligations of these Terms, by operation of law or otherwise, without Empact Bars's written consent.
No delay by us in exercising any right or remedy under these Terms operates as a waiver of that right or remedy or affects our ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Empact Bars in writing.
These Terms, any transactions arising out of your use of the Sites, and any separate agreements whereby we provide you products or Services, are be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law provisions. You and Empact Bars irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the Travis county, in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any cause of action you may have with respect to the Sites or Empact Bars's products or Services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
The section titles used in the Terms are for convenience only and have no legal or contractual effect. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Empact Bars, and you do not have any authority to create any obligation or make any representation on Empact Bars's behalf.
The Terms are binding on, inure to the benefit of, and are enforceable against you and Empact Bars and their respective permitted successors and assigns.
Questions about the Terms of Service should be sent to Empact Bars at firstname.lastname@example.org.
*The terms of this section survive any termination of the Terms.
Last updated and effective: May 20, 2016