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JackedPack Program Terms and Conditions

Terms


Welcome to JackedPack

Date of Last Revision: August 23, 2015

JackedPack (the “company”) provides its services to you through its website located at www.jackedpack.com (the “Site”). JackedPack reserves the right to change or modify portions of these Terms without further notice. You are encouraged to review these Terms at any time. By accessing and using the site, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to abide by these or any future Terms, do not use or access the Site. 

We grant you a personal, limited, non-transferable, and non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend, or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. Your continued use of the Site will constitute your acceptance of any such changes.

1. USE OF THE SITE

You may use the Site only for your own noncommercial personal use and in compliance with the Terms. You are responsible for your own communications, including the uploading or posting of information and are responsible for the consequences of such communications to the Site. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating, or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity
  • Posting any information which is untrue, inaccurate, or not your own
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
  • Attempting to interfere in any way with the Site's network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
  • You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

2. REGISTRATION AND PASSWORDS

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful. Any access codes or passwords

provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3. MEMBERSHIP

The Site is available to registered users who are 18 years and older and who have not been suspended or removed by JackedPack for any reason (a “Member”). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms without notice. Membership is void where prohibited by law.

4. SUBSCRIPTION CONTRACT

JackedPack offers three subscription types: rebillable monthly subscriptions (“Monthly Subscriptions”), prepaid six month subscriptions (“6-Month Subscriptions”), and prepaid annual subscriptions (“Annual Subscriptions”).

Monthly Subscriptions:

By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancelation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your Monthly Subscription at any time, you must call us and we will cancel your subscription. JackedPack may charge monthly without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before JackedPack reasonably could act.

6-Month Subscriptions:

By purchasing a 6-Month Subscription, you acknowledge that your subscription has an initial pre-payment feature for six months of service. At the end of six months, your subscription will be automatically extended for another term of six months at the then-current subscription rate. You may only cancel your 6-Month Subscription during the first month of the subscription. You may cancel your automatic renewal by calling us.

Annual Subscriptions:

By purchasing an Annual Subscription, you acknowledge that your subscription has an initial pre-payment feature for one full year of service. At the end of the year, your subscription will be automatically extended for another term of one year at the then-current subscription rate. You may only cancel your Annual Subscription during the first month of the subscription. You may cancel your automatic renewal by calling us.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

JackedPack subscription is available for United States shipping addresses only.

You must be 18 years of age or older to subscribe to JackedPack sample boxes.

JackedPack is not responsible for the supplements included in the sample box.

5. PROPRIETARY RIGHTS

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, and other components (including our graphics, logos, button icons, and page headers) available on the Site are the property of JacledPack or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.

6. PRODUCT INFORMATION; LIMITATION ON QUANTITIES

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). 

JackedPack is not responsible for content submitted by Members. JackedPack is not responsible for the packaging content provided by vendors. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

7. DISCLAIMERS

You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A "LINKED" SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, JACKEDPACK DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JackedPack makes no warranties of any kind regarding any non-JackedPack sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and JackedPack makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-JackedPack sites. JackedPack does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

8. SUBMITTED CONTENT

By submitting any content to JackedPack you represent that:

  • You are the sole owner, author, or otherwise control all the rights to the content you submit.
  • You were not compensated in any way for the content submitted.
  • You grant JackedPack and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  • All content submitted is true, accurate, and not misleading. That the content will not harm or cause injury to any entity or person; and you will compensate JackedPack for any claims resulting from any content you submit.
  • That the content does not infringe on any third party's proprietary rights. Does not violate any local, state or federal laws, regulations, statutes, or ordinances. Is not considered to be offensive, threatening, abusive, harassing, vulgar, obscene, profane, libelous, hateful, discriminatory against any race, religion or sex, or otherwise objectionable.
  • Content does not include any websites, addresses (physical and electronic), phone numbers, or other contact information, references to price, other businesses, viruses, worms, or other potentially damaging computer programs or files, advertisements, or spam.
  • JackedPack will not accept any liability for any content you or any third party submits.
  • JackedPack is not obligated to monitor, edit, or remove any content submitted.
  • You are at least 18 years of age.

9. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend JackedPack, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, costs, and expenses of defense, including attorneys' fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL JACKEDPACK, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF JACKEDPACK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF JACKEDPACK, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO JACKEDPACK IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

11. INTERNATIONAL USE

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. RISK OF LOSS OR THEFT

Any merchandise purchased from the Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

13. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

JackedPack specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. JackedPack will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • 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 work claimed to have been infringed, or, if multiple copyrighted 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, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us by emailing info@jackedpack.com.

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