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Terms & Conditions

Welcome to athleticedge.com. This website (“Site”) is owned and operated by Athletic Edge® Corporation (“Athletic Edge®”) in Broomfield, Colorado, and its third-party licensors and its affiliates (“Athletic Edge®”). By visiting or shopping at www.athleticedge.com you accept these conditions, so please read them carefully. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THESE TERMS OF USE AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE. A CURRENT VERSION OF THESE TERMS OF USE WILL ALWAYS BE AVAILABLE VIA THE SITE'S HOMEPAGE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF USE (OR ADDEDUMS RELATED THERETO). IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS OF USE. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE SPECIFIC TERMS OF THIS AGREEMENT, PLEASE DIRECT THEM TO CUSTOMER SERVICE@ATHLETICEDGE.COM

PRIVACY

Please review our Privacy Statement, which also governs your visit to the Site, to understand our practices.

DISCLAIMERS

You acknowledge and agree that:
Athletic Edge makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. Athletic Edge 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 Athletic Edge 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 Athletic Edge has been advised as to the possibility of such damages.
Athletic Edge 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, Athletic Edge 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 Athletic Edge.

HEALTH RELATED INFORMATION

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. You should read carefully all product labels and packaging prior to use. Information available on or through the Site 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 the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.

PURCHASES TERMS AND CONDITIONS

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any items purchased on the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which are made a part of these Terms of Use by this reference. You shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Athletic Edge's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Athletic Edge may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time without notice. The materials on the Site with respect to products and services may be out of date, and Athletic Edge makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Athletic Edge makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and Athletic Edge cannot guarantee that your computer will accurately display such colors.

PRODUCT AVAILABILITY

Most Athletic Edge 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

FREE SAMPLES

athletic edge reserves the right to refuse sample request at its discretion. Sample request are honored for first time customers.  1 Sample request per household. Samples are not for re-sale. athletic edge is not responsible if third party selling websites shut down seller accounts due to unauthorized selling of samples or free product provided via contest, giveaway or promotion. 

US SALES ONLY

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Athletic Edge products and services available in the United States and select foreign markets. This Site is controlled and operated by Athletic Edge from its offices in Broomfield, Colorado.

LINKS

The Site may contain links to other site through its postings and the postings of other users (the "External Sources"). Athletic Edge is not responsible for the content, accuracy or opinions expressed in any External Source, and such External Sources are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site (to External Sources or otherwise) on the Site does not imply approval or endorsement of the linked site by Athletic Edge. If you decide to leave the Site and access these third-party sites, you do so at your own risk. Moreover, your use of each External Source is subject to the terms of use, if any, set forth by each of the External Sources. If there is any conflict between the terms set forth in this Agreement and any of the terms or notices set forth on any other External Source, then the terms of that External Source will control your use of that External Source. Please review the terms of use for each External Source so that you understand all of the terms that will apply. 

LIMITATIONS OF LIABILITY

Except where prohibited by law, in no event will Athletic Edge be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Athletic Edge has been advised of the possibility of such damage. 

YOUR ACCOUNT

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. Athletic Edge reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 

USER CONTENT

If you post any content to the Site, you hereby grant Athletic Edge and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party. 

ONLINE CONDUCT

The following standards apply to any and all material which you contribute to the Site ("Contributions") and to any associated interactive services: Contributions must: Be accurate (when they state facts); Be genuinely held (when they state opinions); and comply with applicable laws in the United States of America and in any country from which they are posted. Contributions must not: Contain any material that is defamatory, obscene, offensive, hateful or inflammatory; Promote violence or any illegal activity; Infringe any copyright, trademark, or other intellectual property right of any other person; Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence; Abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety; Be used to impersonate any person or misrepresent your identity or affiliation with any person; or Give the impression that they emanate from Athletic Edge, if that is not the case. Athletic Edge will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When Athletic Edge determines that a breach has occurred, we may take such action as it deems appropriate, including but not limited to one or more of the following: Immediate, temporary or permanent withdrawal of your right to use the Site; Immediate, temporary or permanent removal of any Contribution by you; Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by Athletic Edge resulting from the breach; and Disclosure of such information to law enforcement authorities as Athletic Edge deems reasonably necessary. In no event shall Athletic Edge be liable for any actions taken in response to any breach of these content standards. 

AGE REQUIREMENTS

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.

TERMINATION OF USAGE

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, Athletic Edge or its Associates. 

INDEMNITY

You agree to indemnify and hold Athletic Edge, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement or your violation of any law or the rights of a third party. 

COPYRIGHT

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 Athletic Edge and/or its third-party providers and is protected by United States and international copyright laws. Athletic Edge Corporation. ALL RIGHTS RESERVED.

Except as expressly provided herein, the Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, scraped, transmitted, or sold in any form or by any means, in whole or in part, without Athletic Edge’s prior written permission.

TRADEMARKS

All trademarks, service marks and trade names of Athletic Edge are trademarks or registered trademarks of Athletic Edge or its affiliates and third-party licensors, including, but not limited to: Athletic Edge. 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 Athletic Edge 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. Athletic Edge® operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.

DIGITAL MILLENNIUM COPYRIGHT ACT

A.      Athletic Edge respects the intellectual property rights of others. If you believe your work has been copied or used in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or believe any material on the Site infringes any other intellectual property right (including, without limitation, trademark rights and rights to publicity and privacy), please contact Athletic Edge's designated copyright agent at the address listed below and provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) (a "DMCA Notice"):

1.       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.       identification of the copyrighted work(s) that you claim to have been infringed;

3.       a description of where the material that you claim is infringing is located on the Site;

4.       your address, telephone number, and email address;

5.       a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.       a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The designated copyright agent for Athletic Edge is:

Athletic Edge Corporation

Attn: DMCA Compliance Officer

1140 U.S. Hwy 287
Suite 400-302
Broomfield, CO 80020

e-mail: legal@athleticedge.com

If you submit a DMCA Notice hereunder, you shall be deemed a "Complaining Party" for purposes of this Agreement. Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

B.      Upon receipt of a written DMCA Notice containing the information as outlined above, Athletic Edge shall:

1.       Remove or disable access to the material that is alleged to be infringing;

2.       Forward the written DMCA Notice to such alleged infringer ("Alleged Infringer");

3.       Take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

C.      Pursuant to 17 U.S.C. § 512 et. al, an Alleged Infringer may provide Athletic Edge's designated copyright agent with a counter notice objecting to the Complaining Party's allegations and Athletic Edge's removal of the alleged infringing material (a "Counter DMCA Notice"). To be effective, a Counter DMCA Notice must be a written communication provided to Athletic Edge's designated copyright agent that includes substantially the following:

1.       A physical or electronic signature of the Alleged Infringer;

2.       Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.       A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4.       The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which the Athletic Edge may be found, and that the Alleged Infringer will accept service of process from the person who provided the DMCA Notice or an agent of such person.

D.      Upon receipt of a Counter DMCA Notice containing the information as outlined in 1 through 4 above, Athletic Edge shall:

1.       Promptly provide the Complaining Party with a copy of the Counter DMCA Notice;

2.       Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (14) business days;

3.       Replace the removed material or cease disabling access to the material within ten (14) to fourteen (21) business days following receipt of the Counter DMCA Notice, provided Athletic Edge's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Athletic Edge's network or system.

GOVERNING LAW

By visiting the Site, you agree that the laws of the State of Colorado, 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 Athletic Edge and its Associates.