Terms and Conditions

 

Effective Date: May 23, 2019. (Revised June 3, 2021)

These Terms and Conditions (“Agreement” or “Terms”) constitute a binding written agreement between Upper Echelon Nutrition, LLC, and its affiliated entities (collectively “Company,” “we,” “us,” or “our”) and you (“you” or “Customer”). By using the www.uenutrition.com website you, the (“User”) agree to these terms and conditions. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the www.uenutrition.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. To make these Terms easier to read, the services offered by the Website are collectively called “Services.” This Website is operated by the Company. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE. THESE TERMS ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOG OFF IMMEDIATELY. Your use of this Website, purchase or use of any of our products constitutes your agreement to these Terms and Conditions.

 

ACCEPTANCE OF TERMS AND CONDITIONS

By making any use of our Websites (“Website” or “sites”), Services, and any purchase from us, you expressly agree to the terms contained herein. You consent and agree that your use of a keypad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.

 

CHANGES TO TERMS OR SERVICES

The Company reserves the right to make changes to the sites, policies, and to this Agreement at any time and without notice. YOU SHOULD PRINT A COPY OF THIS AGREEMENT AND CHECK BACK FREQUENTLY FOR UPDATES. Your continued use of our sites or of any purchased product or service following any future amendment constitutes your acceptance of any modified terms. If you have any questions regarding these terms, please contact customer care at support@uenutrition.com.

 

CANCELLATION POLICY

No cancellation is allowed after purchase, except where required by law or otherwise allowed herein. Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so your order will immediately be processed and then shipped. Due to the high volume of orders we receive, we will be unable to stop an order after it has been submitted.

 

 

REVERSALS AND CHARGEBACKS

The Company considers chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and will be treated as such. We reserve the right to file a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and/or the theft of services. IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED WITH THE CARDHOLDER’S BANK, REFUND REQUESTS WILL BE DENIED TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.

 

CREDIT CARD PROCESSING AND DECLINES

Your credit card charge for your order will read: SP * UPPER ECHELON on your credit card statement.

In the event a credit card transaction declines, after the product has been shipped or received, and you have not exercised your cancellation rights per these Terms, we reserve the right to reprocess the transaction in full. Contact customer support at support@uenutrition.com if you have additional questions regarding credit card declines.

 

SUBSCRIPTION POLICY

All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT, AT THE TIME OF EACH RENEWAL UNTIL YOU CANCEL. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. YOU CAN CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by managing your subscription options on your account or by contacting us by email at support@uenutrition.com. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period. When ordering, it is your responsibility to ensure that all information submitted to us is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.  We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with us. We reserve the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. We will either not charge you or refund the charges for orders that we do not process or cancel. The subscription discount on the first order of the subscription is limited to the first order of the first subscription per household. Additional subscriptions may be created but will not receive the discount on the first order.

 

CUSTOMER SUPPORT

If you have any questions, please submit your question to our support team in writing via email at support@uenutrition.com 

THIRD-PARTY SITES

The Company sites contain links to other sites, resources and advertisers. Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external site’s administrator or webmaster.

SITE CONTENT AND CONTENT RIGHTS

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or sites; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services or sites. Content includes without limitation User Content. Any information submitted on the site is subject to the terms of which are incorporated herein. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the sites, nor for any offensive, defamatory or obscene posting made by any user. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the sites. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or other content, including but not limited to financial, health, or lifestyle information, opinion or other content.

 

USER DATA, REVIEWS, COMMENTS, E-MAILS, AND OTHER CONTENT AND OWNERSHIP AND REMOVAL

Visitors and users may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Company and its associates 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. You grant Company and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company or its associates for all claims resulting from Content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any Content posted by you or any third party. Test data or testing results may be gathered from beta tests, or quantitative testing via the site or third party tools. You can remove your User Content by deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the sites. Company and its associates are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

LIMITED RIGHT TO USE

The viewing, printing or downloading of any content, graphic, form, or document from the site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the site. Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the Content of the site other than for your personal use; and unauthorized framing or linking to the site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

 

DISCLAIMER OF WARRANTY

The materials contained on the site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or other violations of rights. To the fullest extent permitted by applicable law, Upper Echelon Nutrition makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Upper Echelon Nutrition shall have no liability for any interruptions in the use of this Website. Upper Echelon Nutrition disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. We assume no liability or responsibility for any errors or omissions in the content of the Services or site, that defects will be corrected, or that any Company site or the servers that make such materials available are free of viruses or other harmful components; any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the site; any losses or damages arising from the use of the content provided on the sites; or any conduct by users of the site, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the materials on any Services or sites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

 

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Company, its officers, directors, employees, or agents be liable (jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the site, even if Company or any Company representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

 

LINKS

The site may provide links to other World Wide Web sites or resources not directly affiliated with Company. We have not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Company sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Company with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Company nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this site. No link to the site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Company.

 

YOUR MEMBERSHIP ACCOUNT

If you use this 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. If you are under eighteen (18) years of age, you may use our website only with involvement of a parent or guardian. Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

MOBILE MESSAGE SERVICE

The Upper Echelon Nutrition mobile message service (the "Service") is operated by Upper Echelon Nutrition (“Upper Echelon Nutrition”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Upper Echelon Nutrition via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Upper Echelon Nutrition mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, respond with HELP or email support@uenutrition.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

RISK OF LOSS

All items purchased from Company are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

Company and its associates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to return it in unused condition.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents, from and (i) against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the site or (ii) your breach of these Terms or (iii) your infringement of any intellectual property or privacy right of any person. Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

 

ARBITRATION AGREEMENT; DISPUTE RESOLUTION AND CHOICE OF LAW

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

This section is intended to be interpreted broadly and governs any and all disputes between you and the Company, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and claims that may be adjudicated in small claims court, as provided below.

 

By agreeing to these Terms, you agree to resolve any and all disputes with the Company as follows:

 

Any dispute governed by this Section shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (https://www.adr.org/Rules) or Consumer Arbitration Rules (https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) as applicable, excluding any rules or procedures governing or permitting class actions or class arbitrations. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may initiate an arbitration by calling 800-778-7879 or visiting https://www.adr.org/ContactUs

 

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Company will pay the fees invoiced by AAA, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

 

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing or in Hudson County, New Jersey. For individuals residing outside the United States, arbitration shall be initiated in Hudson County in the State of New Jersey, United States of America, and you and Company agree to submit to the personal jurisdiction of any federal or state court in Hudson County, New Jersey in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

 

Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

 

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to support@uenutrition.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Company also will not be bound by them.

 

You agree that any dispute between You and the Company shall be governed by the laws of the United States and the State of New Jersey.

 

If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

 

TRADEMARKS

This website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Company. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of Company or its Affiliates, unless you first receive the prior written consent of Company, which Company may grant or withhold in its sole discretion.

 

Upper Echelon Nutrition is a registered trademark of Upper Echelon Nutrition and www.uenutrition.com. Upper Echelon Nutrition’s trademarks may not be used in connection with any product or service that is not provided by Upper Echelon Nutrition, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Upper Echelon Nutrition.

 

All other trademarks displayed on Upper Echelon Nutrition’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Upper Echelon Nutrition.

 

TERMINATION

Company reserves the right to terminate your access to the site or any of its services if it determines that you do not comply with these Terms; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Company’s rights or interests in its site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Services and site and destroy all materials obtained from such site and all copies thereof, whether made under these Terms or otherwise.

 

LEGAL DISCLAIMER

The information contained on this website is for informational use only and should not be construed as medical advice. Read the entire label before using any Upper Echelon Nutrition product, and follow all directions.

Statements made by Upper Echelon Nutrition have not been evaluated by the food and drug administration. The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use products as per instructions and always watch for any allergic reactions. The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment.

In the event that any individual should use the information presented on this site without a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s approval, that individual will be diagnosing for him or herself. No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed psychologist, medical doctor, psychiatrist or other appropriate professional health care provider’s services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease. By using the site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Upper Echelon Nutrition makes no representation that materials contained in the site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services or site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

 

DESCRIPTION OF SERVICE

Upper Echelon Nutrition is providing User with general information regarding the company and its transportation logistics and shipping services. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees related to such a connection.

 

MODIFICATIONS AND INTERRUPTION TO SERVICE

Upper Echelon Nutrition reserves the right to modify or discontinue the Service with or without notice to the User. Upper Echelon Nutrition shall not be liable to User or any third party should Upper Echelon Nutrition exercise its right to modify or discontinue the Service. User acknowledges and accepts that Upper Echelon Nutrition does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

BOTNETS

Upper Echelon Nutrition retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Upper Echelon Nutrition reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Upper Echelon Nutrition makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

 

Upper Echelon Nutrition makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

GOVERNING JURISDICTION OF THE COURTS OF NEW JERSEY

Our website is operated and provided in the State of New Jersey. As such, we are subject to the laws of the State of New Jersey, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New Jersey.

 

COMPLIANCE WITH LAWS

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

COPYRIGHT INFORMATION

The copyright in all materials provided on the site including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned by the Company. Subject to the following exception, none of the material contained in the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Company. Site visitors may only view, copy, print and download the materials on the site for personal, non-commercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Upper Echelon Nutrition is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Upper Echelon Nutrition.

 

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.uenutrition.com designates the below as its agent for receipt of notifications of claimed copyright infringement.

By Email: support@uenutrition.com

 

OTHER TERMS

If any provision of this Terms of Use Agreement is found to be unlawful, void or unenforceable for any reason by a court, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Upper Echelon Nutrition, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between the Company and the User in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. User cannot transfer or assign your rights or obligations under this Agreement to anyone without our written permission. Company’s failure to enforce any provision of this Agreement does not waive Company’s right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.

 

MEDICAL DISCLAIMER

Our products may contain ingredients* that should not be taken by people taking MAO inhibitors, SSRIs, or any other psychiatric or neurological medicines. Our products should not be taken by people with psychiatric or neurologic disorders, high blood pressure, heart conditions, endocrine disorders, cancer, phenylketonuria (PKU), muscular dystrophy or people on immunosuppressive therapy. Our products should not be taken by pregnant or nursing mothers, or children under 18. Our products should not be taken within a 24 hour time period from the use of alcohol or recreational drugs. Our products should not be taken within 12 hours of sleep as this may cause restlessness. If any undesired side effects are noticed, discontinue product immediately, and seek proper medical attention if needed. Do not use this product if you have any pre-existing medical condition. Please consult with your physician prior to taking any dietary supplement to confirm that there are no potential contraindications.

Information on this site is provided for informational purposes only. It is not meant to substitute medical advice from your physician or other medical professional. You should not use the information contained herein for diagnosing or treating any health problem or disease, or prescribing any medication. Carefully read all product information. If you have or suspect that you have a medical problem, promptly contact your regular health care provider.

 

*These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.