TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AS THIS IS A LEGAL CONTRACT. YOUR USE OF THIS WEBSITE IS SUBJECT TO IMPORTANT LEGAL TERMS AND CONDITIONS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
These Terms and Conditions (the “Terms”) are a legal contract between you and Fighter Pilot Supplements, Inc., (“FPS”, “we”, “us” or “our”). By using the websites at fighterpilotsupps.com and fpsupps.com (collectively, the “Websites”), including purchasing products from these Websites, or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms.
You agree that by using these Websites, you are at least 18 years of age or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. If you are viewing and using the website on behalf of your employer, you represent and warrant that you are authorized to bind your employer to these Terms.
It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time, without notice to you. If you use these Websites after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use these Websites.
PRODUCTS
All features, content, specifications, products and prices of products and services described or depicted on the Websites are subject to change at any time without notice. The inclusion of any products on the Websites at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey with all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner and that you will comply with all warnings on the products’ label. The products made available on these Websites are intended for personal use only. You may not assign, transfer, re-market, or resell such products without obtaining FPS’ prior written consent. FPS and its suppliers may cancel or modify purchases on these Websites for any reason. FPS may revise and discontinue products at any time. FPS reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
BILLING AND PAYMENT
Terms of payment are within our sole discretion, and unless otherwise agreed to by FPS, payment must be received by FPS prior to our acceptance of an order. Payment for the products ordered through the Websites may be made through a valid credit card, debit card or other payment method offered through the Websites. Orders are not binding upon FPS until accepted by FPS. FPS reserves the right to refuse and refund any order or part of any order placed on these Websites.
SHIPPING AND TAXES
Separate charges for shipping and handling will be shown on the checkout page. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with your order, including, without limitation, sales tax. If applicable, a separate charge for taxes will be shown on the checkout page.
TITLE; RISK OF LOSS
Product is shipped FOB Origin. That is, you as the buyer pay shipping costs and take responsibility for products when they leave the FPS warehouse. Title to products passes from FPS to you on shipment from FPS’ facility. Loss or damage that occurs during shipping is your responsibility.
RETURN POLICIES
Products that are purchased directly from these Websites may be returned by you within thirty (30) days of the date of purchase for a full refund, less shipping and handling. Only one opened package of any like product is eligible for return. All others of the same product must be in a factory sealed container to be eligible to be returned for a refund.
PRODUCT DESCRIPTIONS, INFORMATION, AND CLAIM
FPS provides descriptions of the products included on the Websites. FPS attempts to be as accurate as possible. However, FPS does not warrant that the product descriptions, sales descriptions, information, claims, or other content, are accurate, complete, reliable, current, or error-free. It is your responsibility to verify the product descriptions, sales descriptions, information, claims, or other content. The claims on the Websites, including, without limitation, the structure/function claims, are for informational purposes only. Structure/function claims have not been evaluated by the Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure, or prevent any disease. Any testimonials may not have been checked to determine whether a specific endorser's experience is what an average or typical consumer may expect to achieve and not all consumers may achieve the same results.
NO MEDICAL ADVICE
The information contained on these Websites, or provided at your request, is provided for informational purposes only and is not intended to be medical or health care advice. Information found or received through these Websites should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Before using any products offered on these Websites, carefully read all labels, heed all directions and cautions that accompany the products, and consult with your medical or health care provider.
WEBSITE
We grant you a limited license to access and use these Websites for your personal use, and to copy, distribute, and transmit the content of these Websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these Websites for your personal use or for the purpose of purchasing FPS products. This license does not include any resale or commercial use of these Websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, these Websites or any portion of these Websites, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FPS. You may not use any meta tags or any other "hidden text" utilizing FPS’ name or trademarks without the express written consent of FPS. Any unauthorized use terminates the permission or license granted by FPS.
We reserve the right to change any information, features and functions of these Websites without prior notice. We reserve the right to stop supplying FIGHTER PILOT SUPPLEMENTStm products at any time, at our sole discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these Websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of these Websites for any illegal or unauthorized purpose is strictly prohibited.
PRIVACY
Please review our Privacy Policy, which also governs your use of the Websites, to understand FPS’ practices.
COPYRIGHT
The entire content included in or made available on these Websites, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads and data compilation is the property of FPS or its licensors and protected by U.S. and international copyright laws. The compilation of all content included in or made available through these Websites is the exclusive property of FPS and protected by U.S. and international copyright laws.
TRADEMARKS
All of the trademarks, trade names, service marks, logos, and trade dress used or displayed on these Websites are registered and unregistered trademarks, trade names, service marks, logos, and trade dress owned or licensed by FPS in the U.S. and other countries. FPS’ trademarks, trade names, service marks, logos, and trade dress may not be used in connection with any product or service that is not FPS’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FPS. Nothing contained on these Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, logos, or trade dress displayed on these Websites without the written permission of FPS.
PATENTS
All of the patents displayed on these Websites are owned or licensed by FPS in the U.S. and other countries. The patents may not be used in connection with any product or service that is not FPS’ or in any manner that infringes the patents. Nothing contained on these Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patents without the written permission of FPS.
DISCLAIMER OF WARRANTIES
THE PRODUCT DESCRIPTIONS, INFORMATION, CLAIMS, CONTENT, AND SERVICES INCLUDED ON THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FPS, NOR ANY OF ITS LICENSORS, WARRANT THE ACCURACY OR COMPLETENESS OF THE PRODUCT DESCRIPTIONS, INFORMATION, CLAIMS, CONTENT OR SERVICES INCLUDED ON THE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. FPS DOES NOT WARRANT THAT THE PRODUCTS, INFORMATION, CLAIMS, CONTENT, AND SERVICES INCLUDED ON THE WEBSITES ARE COMPLIANT WITH THE FEDERAL FOOD, DRUG AND COSMETIC ACT, INCLUDING, WITHOUT LIMITATION, THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, FPS, AND ITS LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, PRODUCT DESCRIPTION, INFORMATION, CLAIMS, CONTENT, AND SERVICES INCLUDED ON THE WEBSITES OR ANYTHING ELSE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FPS assumes no responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing these Websites, or your downloading of any information or materials from these Websites. In the event of any problem with these Websites or any content, you agree that your sole remedy is to cease using these Websites.
INTELLECTUAL PROPERTY INFRINGEMENT
FPS respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on these Websites, please provide FPS’ designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at these Websites, and information reasonably sufficient to permit FPS to locate the material.
- Information reasonably sufficient to permit FPS to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- FPS' agent for notice of claims of copyright or trademark infringement on these Websites can be reached as follows: Fighter Pilot Supplements, Inc. 7047 E. Greenway Parkway Suite 250 Scottsdale AZ 85254; Or via the Contact page form on the Websites.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
FPS will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that FPS has received. If you receive such notice from FPS, you may provide us with a counter-notification in writing to the FPS designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which FPS may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
ELECTRONIC COMMUNICATIONS
When you use the Websites, or send e-mails to FPS, you are communicating with FPS electronically. You consent to receive communications from FPS electronically. FPS will communicate with you by e-mail or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that FPS provides to you electronically satisfy any legal requirement that such communications be in writing.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, FPS may link to sites operated by third parties. FPS has no control over these linked sites, all of which have separate terms and conditions of use and privacy and data collection practices, independent of FPS. These linked sites are only for your convenience and therefore you access them at your own risk. FPS is not responsible for any content, materials or other information located on or accessible from any other website.
LINKING TO FPS’ WEBSITE
Creating or maintaining any link from another website to any page on these Websites without our prior written permission is prohibited. Running or displaying these Websites or any information or material displayed on these Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to these Websites must comply will all applicable laws, rule and regulations.
INJUNCTION; DISPUTES; ARBITRATION; WAIVER OF JURY TRIAL; NO CLASS ACTION
Any violation by you of these Terms a will constitute an unlawful and unfair business practice and will cause irreparable harm to FPS for which monetary damages would be inadequate. You consent to FPS obtaining any injunctive or equitable relief should we deem such action to be necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that FPS may have at law or in equity.
If FPS takes any legal action against you as a result of your violation of these Terms, FPS shall be entitled to recover from you, and you shall be obligated to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to FPS.
Any dispute or claim relating in any way to your use of the Websites shall be resolved by binding arbitration, rather than in court, except that FPS is not required to arbitrate any dispute in which it seeks equitable and other relief for the alleged unlawful use, infringement, or misappropriation of its copyrights, trademarks, trade names, logos, trade secrets, or patents.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Fighter Pilot Supplements, Inc, 7047 E. Greenway Parkway Suite 250 Scottsdale AZ 85254; and via the Contact page form on the Websites.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Unless contrary to the AAA rules, you are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, filing fees, attorneys or expert witnesses.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration.
APPLICABLE LAW AND VENUE
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, shall govern these Terms and any dispute of any sort that might arise between you and FPS. You consent to personal jurisdiction and venue for arbitration in Maricopa County, Arizona. In circumstances where FPS may proceed with litigation in court, you consent to submit to the personal jurisdiction by and venue in the state and state and federal courts in Maricopa County, Arizona. You irrevocably accept and submit to the exclusive jurisdiction in Maricopa County in personam and waive any and all objections to the exercise of such jurisdiction, including any objections based upon forum non conveniens or venue.
MODIFICATION, SEVERABILITY, AND ENTIRE AGREEMENT
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. These Terms set forth the entire understanding and agreement between you and FPS with respect to the Websites. You acknowledge that any other agreements, understandings, communications, and negotiations between you and FPS with respect to the Websites are superseded by these Term, these terms of which shall prevail.
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