Terms and Conditionsadmin2020-12-22T22:30:08+00:00
Terms and Conditions
Secure Checkout Page
This sale is governed by our Terms and Conditions. By clicking Pay Now you affirm that you have read and understand our Terms and Conditions and agree to be bound by the provisions contained therein. Further, you affirm that you are at least eighteen (18) years of age or older and have the requisite capacity to enter into a contract in the jurisdiction in which you reside.
Terms and Conditions Page
Effective Date: 8/22/2020
Date Last Updated: 8/22/2020
This website, https://changethatup.com (this “Site”), along with all products and services accessible through this Site, is provided and maintained by Change That Up, LLC, an Arizona limited liability company, and its affiliates or agents (collectively referred to herein as “Change,” “us,” or “we”).
By accessing this Site, browsing this Site, and/or purchasing products from this Site (the “Products”), you represent that: (i) you have read, understand, and agree to be bound by these the following terms and conditions stated herein (these “T&C”); (ii) you are of legal age to form a binding contract with us and use our Products; and (iii) you have the authority to enter into these T&C personally or on behalf of any company or business entity you have named as the user, and to bind that company or business entity to these T&C. Throughout these T&C, the term “you” refers to such individual or legal entity, as applicable.
These T&C apply to all users accessing or using this Site in any way, including the Products and the services and resources available or enabled via this Site (each a “Service”). If you do not agree to any provision of these T&C, you are not welcome to use our Site or any of its features or content, and you must cease using this Site immediately.
We reserve the right to suspend or discontinue all or any aspect of this Site at any time without notice. We may update or change these T&C at any time in our sole discretion. If changes are made, a new copy of these T&C will be made available on this Site. We may also email you, if you have provided an email address to us. Except in exceptional circumstances, any changes to these T&C will be effective immediately. We may also require you to provide consent to the updated T&C before continuing to access or use this Site in any manner. If you do not agree to any changes to these T&C, you must immediately stop using this Site; otherwise, your continued use of this Site constitutes your acceptance of such changes. We encourage you to regularly check this Site to remain apprised of any changes to these T&C.
The entire contents (“Contents”) of this Site or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. Change holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of this Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from this Site or Sites.
This Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Change or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These T&C permit you access to this Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from this Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site. You must not access or use for any commercial purposes any part of this Site or any services or materials available through this Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Site in breach of these T&C, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by Change. Any use of this Site not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark and other laws.
This Site may contain hyperlinks to other sites which are not maintained by or related to Change. We have not reviewed such sites and are not responsible for the content of those sites. Hyperlinks are accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of any such hyperlinks. The inclusion of any hyperlink does not imply endorsement by Change of the linked content or website.
Your use of this Site is at your own risk. This Site, and any Content, Service, or Products available on this Site may include inaccuracies or typographical errors. To the fullest extent permitted by applicable law, the Content, Services, and Products are provided “as is” and “as available,” without any warranties of any kind, express, implied, or statutory. We hereby disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Except for any warranty expressly provided on this Site, we make no warranty, express or implied, that this Site, Services, Products, or information obtained on or through this Site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. You alone assume the entire cost of all servicing, repair, or correction in the event of any loss or damage arising from the use of this Site or the Content.
IN NO EVENT WILL CHANGE, OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.
PURCHASE OF PRODUCTS
If you purchase any Products, through this Site or otherwise, you affirm that you are over the age of eighteen (18) years old and can enter into binding contracts under the laws of the jurisdiction in which you reside. Change is not, and cannot be, responsible for ensuring whether you are legally able to purchase the Products.
The information contained on this Site or contained on any Product packaging is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this Site (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with Change) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Read all Product packaging carefully prior to use.
All Products are purchased and delivered pursuant to these T&C and the terms set forth in any agreement between Change and you, including, but not limited to, a purchase agreement. Your placement of an order for Products (each, an “Order”) constitutes your acceptance of these T&C. Change reserves the right to accept or deny any and all Orders, in its sole discretion.
You represent and warrant that the purchase of any Products is solely for your personal use and benefit for the normal and ordinary use and intended purpose. You acknowledge and agree that any warranty and support of the Products are not transferable. Any sale, transfer, rental, lease, loan, or export of any Product to any other person shall invalidate any and all warranties and be at your sole risk.
Each purchase made through this Site is carried out by paykickstart.com. It is your responsibility to review the Refund Policy and Privacy. Change is not responsible for any loss, damages, judgments, awards, costs, expenses, attorneys’ fees, and expert witness fees in any way relating to or arising out of: (i) your Order or purchase of the Products; (ii) your use, or inability to use, the BuyGoods’s service to purchase the Products; or (iii) violations of any applicable laws, rules, or regulations in connection with the purchase of any Products. You are personally liable for any Orders placed or charges you incur through this Site.
You agree to save, indemnify, hold harmless, and defend Change, including our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, manager, members and contractors (collectively, the “Indemnified Parties”), from and against any and all claims, threats, liabilities, taxes, interest, fines, penalties, suits, actions, proceedings, demands, damages, losses, costs, and expenses (including attorneys’ fees and court costs) of every kind and nature (“Losses”), in any way relating to or arising out of or in connection with your acquisition or use of the Products, including without limitation any claims of personal injury or property damage or claims by third parties against you with respect to the Products, and any non-fulfillment, failure to comply, or breach by you of any covenant, promise, agreement, representation, or warranty made under these T&C. Additionally, you agree to waive, release, discharge, and hold Change harmless from and against any and all claims which may arise out of or relate to any information, incorrect advice, judgment, recommendation, finding, decision, or conduct provided to you with respect to Products. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to save, indemnify, hold harmless, and defend the Indemnified Parties from and against any and all resulting Losses in connection therewith, including any claims that may be brought by third parties arising out of your use of this Site, Content, Services, or Products.
CHANGE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM OR ARISING IN CONNECTION WITH THE MISUSE OR ABUSE OF ANY OF THE PRODUCTS OR RESULTING FROM OR ARISING IN CONNECTION WITH YOUR USE OF ANY PRODUCTS YOU RECEIVED IN ALTERED OR OPENED PACKAGING. CONTACT US IMMEDIATELY IF YOU RECEIVE ANY PRODUCTS IN ALTERED OR OPENED PACKAGING.
Change shall not be responsible in any way for the loss, damage, detention, or delay caused by strike, lockout, fire, flood, war, riot, embargo, insurrection, act of God, civil or military authority, compliance with governmental requests or orders, accidents, inability to obtain Products, supplier or customer caused delays, transportation shortages or delays, other delivery commitments, technical failures, or due to any circumstances or causes beyond its control. Our performance shall be deemed suspended during and extended for such time as it is so delayed, and delivery dates shall be so extended.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-866-710-2525. If Change’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Change has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration in Scottsdale, Arizona, or small claims court instead of in courts of general jurisdiction.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the American Arbitration Rules (the “AAA Rules”). (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Except as otherwise expressly provided herein, these T&C shall be governed by the laws of the State of Arizona without regard to principles of conflicts of law. We may bring a legal action for an injunction or other equitable relief in any appropriate jurisdiction against you without the need to post bond or other secured interests.
These T&C supersede all prior agreements and understandings, written or oral, between you and Change that relate to the subject matter. Any change or modification to these T&C must be in writing and signed by an authorized officer of Change. Except as expressly specified herein, any other terms or conditions, including any documents provided by you, or any verbal assurances by sales representatives or distributors, shall not serve to vary any term or condition specified herein and shall be expressly rejected.
Our failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision by us. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, you and Change nevertheless agree that the court should endeavor to give effect to Change’s intentions as reflected in the provision, and the other provisions of these T&C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you do not understand all or any part of these T&C, or if you have any questions or comments, we invite you to e-mail us at [email protected] Alternatively, you may call us toll-free at 1-866-710-2525.