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Welcome to Condemned Labz Supplements. This website (“Site”) is owned and operated by Condemned Labz Supplements, LLC (“Condemned Labz”) in Jersey City, NJ, and its third-party licensors and its affiliates (“Condemned Labz”). 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.
Please review our Privacy Statement, which also governs your visit to the Site, to understand our practices.
Condemned Labz makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. Condemned Labz 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 Condemned Labz 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 Condemned Labz has been advised as to the possibility of such damages.
Condemned Labz 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, Condemned Labz 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 Condemned Labz.
This Web site may contain forward-looking statements that reflect Condemned Labz’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Condemned Labz 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 Condemned Labz and/or its third-party providers and is protected by United States and international copyright laws. ©SHREDZ Supplements, 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 Condemned Labz.
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 Condemned Labz 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 Condemned Labz are trademarks or registered trademarks of Condemned Labz or its affiliates and third-party licensors, including, but not limited to: Condemned Labz. 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 Condemned Labz 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. Condemned Labz 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 Condemned Labz 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 Condemned Labz 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. Condemned Labz 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.
Any photographs or other content submitted by you for consideration for publication on the Condemned Labz’s Site, collectively referred to as “User Submissions,” shall be subject to the provisions of these Terms and Conditions. A. By using this Site and submitting User Submissions, you agree to these Terms and Conditions. You understand that whether or not any User Submissions are published, Condemned Labz does not guarantee any confidentiality with respect to the User Submissions, Condemned Labz does not promise or agree to publish any User Submissions, and Condemned Labz will not return any User Submissions but is free, in its discretion, to destroy the User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of the posting or publishing of them. In connection with User Submissions, you affirm, represent, and warrant that you own and have the right to assign and transfer to Condemned Labz, without permission or consent of any third party, all right and interest in the User Submissions and in the intellectual property, and any other proprietary right, contained therein without limitation. C. By tendering the User Submissions to Condemned Labz, you warrant, represent and agree that all intellectual property rights contained in the User Submissions, including all copyright, trademark, trade secret, and any other proprietary rights are thereby assigned and transferred to Condemned Labz without any further documentation and that Condemned Labz shall thereafter be the sole and exclusive owner of the User Submissions and of all intellectual property rights and proprietary rights contained there without exception or limitation. By tendering the User Submissions, you warrant, represent and agree that Condemned Labz shall have the sole and exclusive right of use of any and all patent, trademark, trade secret, copyright or other proprietary rights in and to the User Submissions without limitation. D. In connection with User Submissions, you warrant, represent and agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights. Further, you warrant, represent and agree that all User Submissions will comply with Condemned Labz’ privacy policy as established from time to time. E. You warrant, represent and agree that, in connection with User Submissions, you will not submit material that is contrary to the Condemned Labz guidelines that may exist from time to time, or contrary to applicable local, national, and international laws and regulations. Further, as to any User Submissions invited by Condemned Labz to be submitted for consideration of publishing on its Site, you warrant, represent and agree that no law was violated and no right of any person was harmed in obtaining, procuring, creating or developing the material included within the User Submissions, it being clearly understood that Condemned Labz does not authorize, approve or encourage any violation of the law or harm to any person’s legal rights with respect to the User Submissions. F. You warrant, represent and agree that Condemned Labz has the sole right to elect to publish or not to publish the User Submissions, and if published it has the right to terminate publication in its sole discretion without liability to you or to any third party. G. You warrant, represent and agree that your User Submissions: 1. Shall not misrepresent any person or product; shall not falsely impersonate any person or product; shall not contain any false, misleading or deceptive trademarks, devices or symbols that could tend to confuse or could likely confuse any person as to the source, sponsorship, affiliation, membership, quality, characteristics, or features of the person or product represented in the User Submissions; 2. Shall not depict a minor person under the age of 18 years without consent of the parent or guardian of the minor person; 3. Shall not depict any person or product in a false light, or in a disparaging or tarnishing manner; 3. Shall not be copied by you or anyone else under your instruction or control; shall not be submitted for publication to any other person, publisher, website or source; and 4. Shall not have been published previously on any website or other medium prior to submission to Condemned Labz shall not be liable to you or to any third party for any royalty, payment, use fee or any other consideration for or pertaining to the publishing, copying, distribution or any other use of the User Submissions without limitation. You acknowledge and agree that your submission of the User Submissions to Condemned Labz for publishing consideration shall, together with your use of the Site, represent and constitute the sole and exclusive consideration for your obligations under these Terms and Conditions.
Written DMCA Notice. If you are a copyright owner, or an agent of a copyright owner, and believe that a User Submission or other content displayed on this Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Condemned Labz’ Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1 Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 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; 3. 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; 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5. 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 owner, its agent, or the law; and 6. 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. Condemned Labz’s designated Copyright Agent to receive notifications of claimed infringement is: Legal, Condemned Labz Supplements LLC, PO BOX 3287, Jersey City, NJ 07303. Only DMCA notices should go to the Copyright Agent. If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. B. Written DMCA Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to have your User Submission posted and used on this Site, then you may send a counter-notice containing the following information to the Copyright Agent: 1. Your physical or electronic signature; 2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Hudson County, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Condemned Labz Copyright Agent, then Condemned Labz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Condemned Labz’s sole discretion.
Most Condemned Labz products displayed at the Site are available in stores in the United States. In some cases, merchandise displayed for sale at the Site may not be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
If you use the Site, 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 your account or password. Condemned Labz reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
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.
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 Condemned Labz, and Condemned Labz has no control over the content of that other website. In addition, a link to any other website does not imply that Condemned Labz 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 Condemned Labz 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 Condemned Labz or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Condemned Labz logo or other proprietary graphic or trademark as part of the link without our prior express written permission.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER Condemned Labz, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER Condemned Labz, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR
SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. Condemned Labz AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Condemned Labz SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL Condemned Labz 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 Condemned Labz 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 Condemned Labz 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 Condemned Labz AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Condemned Labz 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 Condemned Labz 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), Condemned Labz 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 Condemned Labz; or (iii) to protect the rights or property of Condemned Labz, its Associates and you.
Condemned Labz reserves the right to prohibit conduct, communication, or Content that Condemned Labz deems in its sole discretion to be unlawful or harmful to you, Condemned Labz, any rights of Condemned Labz, or any third party. Notwithstanding the foregoing, neither Condemned Labz nor its Associates can ensure prompt removal of questionable content after online posting. Accordingly, neither Condemned Labz, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
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, Condemned Labz or its Associates.
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. If you are under 18, you may use this Site only with involvement of a parent or guardian.
We require that all purchases be made by adult individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT ON THIS SITE, YOU ARE REPRESENTING TO Condemned Labz THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY
You agree to defend, indemnify and hold harmless Condemned Labz, 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
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Condemned Labz products and services available in the United States and select foreign markets. This Site is controlled and operated by Condemned Labz from its offices in Jersey City, NJ
By visiting the Site, you agree that the laws of the State of New Jersey, U.S.A., without regard to principles of conflict of laws and not the 1980 U.N. Convention on contracts for the international sale of goods, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Condemned Labz and its Associates.
Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever able and shall not affect the validity and enforceability of any remaining condition.
Your obligations under these Terms and Conditions shall survive termination, and shall be binding on your heirs, administrators, successors and assigns.
TAXES
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 AND HANDLING
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 Condemned Labz, 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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Condemned Labz Supplements (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy {https://condemnedlabz.com/pages/privacy-policy} (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Condemned Labz and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of supplements, promos and new product launches. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@condemnedlabz.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration inJersey City, NJ before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in whichCondemned Labz Supplements’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
