Terms and Conditions

Welcome to askfitnesscoach.com and its related sites (the “Site”), provided by Performance Supplements, LLC. These Terms of Use and any amendments thereto (the “Terms”) govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Ask Fitness Coach for products, services, or otherwise. If you register for our Support Center features, such as the Message Boards, Ask Fitness Coach Support Team, additional rules, policies, and disclaimers may apply.

Privacy Policy

Users of this Site should refer to askfitnesscoach.com’s Privacy Policy for information about how Ask Fitness Coach uses and collects information. You agree that Ask Fitness Coach may disclose your personal information to a third party if Ask Fitness Coach believes in good faith that the law or legal process requires it, to protect the rights or property of Ask Fitness Coach or others, or as otherwise described in the Privacy Policy for askfitnesscoach.com.

Product Information

For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center.

Our Guarantee

All products on the Site carry at least a 30-day money-back guarantee from the date of delivery in the event that you are not 100% satisfied with your purchase. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center.

Order and Payment Information

If you use the Site to purchase a product, payment must be received by Ask Fitness Coach prior to Ask Fitness Coach’ acceptance of an order, unless otherwise agreed by Ask Fitness Coach. Ask Fitness Coach may need to verify information you provide before Ask Fitness Coach accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, Ask Fitness Coach will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Ask Fitness Coach expressly conditions its acceptance of your order on your agreement to the Terms.

In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Ask Fitness Coach is registered to you. Ask Fitness Coach shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Ask Fitness Coach. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.

All prices displayed on the Site are quoted in U.S. dollars. Ask Fitness Coach may prohibit delivery to addresses outside the United States and Canada. Ask Fitness Coach will add shipping and handling fees and applicable sales/use tax. Ask Fitness Coach reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by Ask Fitness Coach on the Site do not imply endorsement of that product, or constitute a warranty, by Ask Fitness Coach.

Shipping

Unless otherwise noted, Ask Fitness Coach will use its best efforts to ship products within 48 hours of the receipt of a properly completed order. However, any delivery or shipment date provided by Ask Fitness Coach to you is Ask Fitness Coach’ good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Ask Fitness Coach shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Ask Fitness Coach cannot ship to P.O. boxes.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT Ask Fitness Coach DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO Ask Fitness Coach FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, Ask Fitness Coach AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES Ask Fitness Coach MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.

CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH Ask Fitness Coach. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.

ALTHOUGH Ask Fitness Coach STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, Ask Fitness Coach DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, Ask Fitness Coach DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

Ask Fitness Coach DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The terms of this section survive any termination of the Terms.

Limitations on Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL Ask Fitness Coach OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF Ask Fitness Coach OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Ask Fitness Coach’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Ask Fitness Coach FOR ANY PRODUCTS SUPPLIED BY Ask Fitness Coach THROUGH YOUR USE OF THE SITE.

Ask Fitness Coach will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

Copyright and Trademarks

All Site materials, including, without limitation, the Ask Fitness Coach and askfitnesscoach.com logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2016 Performance Supplements, LLC. ALL RIGHTS RESERVED. Ask Fitness Coach or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Ask Fitness Coach or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of Ask Fitness Coach or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Ask Fitness Coach or any third party.

Materials Submitted to Ask Fitness Coach

This section governs any material, including but not limited to testimonials, comments, statements, images, videos, experiences, stories, information, etc., that you transmit to Ask Fitness Coach (collectively, “Material”) through the Site, email, social media outlets, in person, over the phone, or otherwise. You are responsible for Material submitted to Ask Fitness Coach. You agree, represent and warrant that any Material you transmit to Ask Fitness Coach is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit the Material. You must not transmit any Material to Ask Fitness Coach that you consider to be confidential or proprietary. Any Material that you transmit to Ask Fitness Coach will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.

By submitting Material to Ask Fitness Coach, except as expressly provided in Ask Fitness Coach’ privacy policy, you automatically grant Ask Fitness Coach an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, transmit, display and distribute the Material, or any part of it (and derivative works thereof), alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
You further agree that Ask Fitness Coach has the right to use, without any payment or accounting to you or others, any Material you submit to Ask Fitness Coach.

User agrees to indemnify and hold harmless Ask Fitness Coach, its parents, subsidiaries, directors, officers, employees, agents, suppliers, affiliates, and contractors from and against any and all claims, actions, demands, losses, damages, disputes, and costs of any kind, including without limitation any attorneys’ fees and costs related to litigation, resulting from or in any way connected with the Material you submit to Ask Fitness Coach.

Linked Sites

Ask Fitness Coach makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Ask Fitness Coach and Ask Fitness Coach is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Ask Fitness Coach of the site or any information contained therein. When leaving the Site, you should be aware that Ask Fitness Coach’ Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:

  1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
  2. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
  3. Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
  4. Not to use, frame, or utilize framing techniques to enclose any Ask Fitness Coach trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Ask Fitness Coach’ express written consent;
  5. Not to use meta tags or any other “hidden text” utilizing a Ask Fitness Coach name, trademark, or product name without Ask Fitness Coach’ express written consent;
  6. Not to deeplink to this Site without Ask Fitness Coach’ express written consent;
  7. Not to create or use a false identity on this Site;
  8. Not to collect or store personal data about others;
  9. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
  10. Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Ask Fitness Coach.
  11. In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is Ask Fitness Coach’ policy to respect the copyright and intellectual property rights of others. Ask Fitness Coach may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Ask Fitness Coach may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Ask Fitness Coach or any user of our Site has infringed your copyright in any material way, please notify Ask Fitness Coach, and provide the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. An identification of the copyrighted work claimed to have been infringed;
  3. An identification of the material that you claim is infringing so that we may locate it on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A 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; and A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

Please direct inquiries regarding copyright issues by e-mail to: support@askfitnesscoach.com, or by mail to:

Performance Supplements, LLC
176 Dry Canyon Drive
Lindon, Utah 84042

Indemnification

You agree to indemnify and hold harmless Ask Fitness Coach, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

The terms of this section survive any termination of the Terms.

SEC Disclosure

The information contained within press releases issued by Ask Fitness Coach should not be deemed accurate or current except as of the date the release was posted. Ask Fitness Coach has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Changes to the Site

Ask Fitness Coach may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Ask Fitness Coach shall not be liable therefor.

International Users

This Site is controlled, operated, and administered by Ask Fitness Coach from its offices within the United States of America. Ask Fitness Coach makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Salt Lake City Utah, or the United States District Court for the Salt Lake District of Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

The terms of this section survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, Ask Fitness Coach reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that Ask Fitness Coach shall not be liable for any termination of your use of or access to the Site.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms.

Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

General

The Terms constitute the entire agreement between Ask Fitness Coach and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Ask Fitness Coach to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Ask Fitness Coach, and you do not have any authority to create any obligation or make any representation on Ask Fitness Coach’ behalf. You may not assign this agreement, by operation of law or otherwise, without Ask Fitness Coach’ written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Ask Fitness Coach and their respective successors and assigns.

The terms of this section survive any termination of the Terms.

Last Updated: 08/15/2016