Overview
This website is administered by Bodyzeus. As you peruse the site, the terms "we," "us," and "our" are indicative of Bodyzeus. By visiting our site or purchasing items from us, you engage in our "Service" and consent to adhere to the ensuing terms and conditions ("Terms of Service," "Terms"), encompassing additional terms, conditions, and policies referenced herein or accessible via hyperlinks. These Terms of Service are applicable to all users of the site, comprising, but not confined to, those who browse, transact, vend, buy, and/or contribute content.

Before accessing or employing our website, we urge you to thoroughly scrutinize these Terms of Service. Your access or usage of any part of the site implies your acceptance of these Terms of Service. If you disagree with any aspect of this agreement, refrain from accessing the website or availing any services. If these Terms of Service are viewed as an offer, approval is distinctly subject to these Terms of Service.

Any fresh features or utilities integrated into the existing store will also be governed by the Terms of Service. You can access the most up-to-date rendition of the Terms of Service on this page. We possess the prerogative to revise, alter, or substitute any portion of these Terms of Service by posting updates and/or modifications on our website. It remains your responsibility to routinely monitor this page for changes. Continued use or access to the website post changes denotes acceptance of those alterations.

Our store is hosted by Shopify Inc., furnishing the online e-commerce platform that facilitates the sale of our products and services to you.

SECTION 1 - Online Store Terms
By consenting to these Terms of Service, you confirm that you have attained at least the age of majority in your state or province of residence. Alternatively, you assert that you have reached the age of majority in your state or province of residence and have given your consent to enable any of your minor dependents to utilize this site.
You are prohibited from utilizing our products for any illicit or unauthorized purposes, nor may you, in the employment of the Service, breach any laws in your jurisdiction, including but not confined to copyright laws.
Transmission of any worms, viruses, or any destructive code is strictly prohibited.
Failure to comply with or violation of any of the Terms will result in the immediate cessation of your Services.

SECTION 2 - General Conditions
We maintain the authority to reject service to anyone, for any rationale, at any time.
You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may encompass (a) transmissions over diverse networks and (b) adjustments to conform and adapt to the technical stipulations of linking networks or devices. Credit card information is consistently encrypted during transmission over networks.
You undertake not to replicate, duplicate, copy, vend, resell, or exploit any segment of the Service, usage of the Service, or access to the Service, or any contact on the website via which the service is provided, without the explicit written authorization from us.
The titles employed in this agreement are included solely for convenience and will not impede or otherwise affect these Terms.

SECTION 3 - Precision, Wholeness, and Timeliness of Information
We are not liable if the information available on this site isn't precise, comprehensive, or up-to-date. The content on this site is presented for general informational purposes only and shouldn't be solely relied upon for making decisions without consulting more primary, precise, comprehensive, or timely sources of information. Any reliance on this site's content is done at your own risk.

This site may incorporate specific historical details. Historical data, by its nature, isn't current and is only provided for your reference. We retain the right to adjust the contents of this site at any time, but we're under no obligation to update any information on our site. You concur that it is your responsibility to keep tabs on alterations to our site.

SECTION 4 - Changes to the Service and Pricing
Prices for our products are subject to alteration without advance notice. We retain the prerogative to amend or halt the Service (or any segment or content of it) at any time, without prior notice.

We won't be accountable to you or any third party for any modifications, alterations in price, suspension, or discontinuance of the Service.

SECTION 5 - Products or Services (if applicable)
Specific products or services may exclusively be available online via the website. These products or services might have restricted quantities and are eligible for return or exchange solely in line with our Return Policy.

We've diligently strived to portray the colors and images of our products at the store as accurately as possible. However, we can't assure that your computer monitor will display any color precisely.

We have the right, though no obligation, to restrict the sale of our products or services to particular individuals, geographic regions, or jurisdictions. We may execute this right on an individual basis. We hold the right to restrict the quantities of any products or services we offer. All product descriptions or prices are subject to change at any moment without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.

We don't warrant that the quality of any products, services, information, or other materials procured by you will match your expectations, or that any Service errors will be rectified.

SECTION 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any orders you place with us. We may, at our sole discretion, limit or cancel quantities bought per person, household, or order. Such restrictions might involve orders made under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may make an effort to notify you by contacting the email and/or billing address or phone number given at the time the order was made. We reserve the right to restrict or forbid orders that, in our sole judgment, seem to be placed by dealers, resellers, or distributors.

You consent to provide current, comprehensive, and accurate purchase and account information for all transactions carried out at our store. You consent to promptly update your account and other information, comprising your email address, credit card numbers, and expiration dates, to ensure we can finalize your transactions and reach you as needed.

For further details, please review our Returns Policy.

SECTION 7 - Additional Tools
We may grant you access to third-party utilities that we neither oversee nor possess any authority or influence over.
You understand and accept that we furnish access to these utilities "as is" and "as available," without any warranties, endorsements, or conditions of any sort. We bear no responsibility for any consequences arising from or connected to your use of these optional third-party utilities.
Any use of optional tools provided through the site is solely at your own discretion and risk. You should ensure that you are familiar with and agree to the terms presented by the relevant third-party provider(s).
In the future, we may also introduce new services and/or features on the website, which may include the launch of fresh utilities and resources. These new features and/or services will also be subject to these Terms of Service.

SECTION 8 - Links to Third-Party Resources
Certain content, products, and services available via our Service may involve materials sourced from third parties.
Third-party links on this site may redirect you to external websites that are not affiliated with us. We are not responsible for scrutinizing or evaluating the content's accuracy and do not guarantee or assume any liability for third-party materials or websites, or for any other third-party materials, products, or services.
We disclaim responsibility for any damages or harm linked to the acquisition or use of goods, services, resources, content, or any other transactions connected to third-party websites. Before engaging in any transaction, you should carefully review the policies and practices of the third party and ensure you comprehend them thoroughly. Complaints, grievances, concerns, or inquiries regarding third-party products should be directed to the third party.

SECTION 9 - User Feedback and Submissions
If, at our request, you submit specific entries (such as contest submissions), or if you send creative ideas, suggestions, proposals, plans, or other materials to us without our solicitation, whether through online means, email, postal mail, or otherwise (collectively, 'comments'), you acknowledge that we may use, edit, copy, publish, distribute, translate, and employ these comments at any time, without restrictions, in any medium. We have no obligation: (1) to keep any comments confidential; (2) to compensate for any comments; or (3) to respond to any comments.
We retain the right, although we're not obliged, to inspect, modify, or delete content that, at our sole discretion, is considered unlawful, offensive, menacing, defamatory, libelous, obscene, or otherwise objectionable or infringing on any party’s intellectual property rights or these Terms of Service.
You warrant that your comments will not infringe upon any third party's rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. Furthermore, your comments will not contain defamatory, unlawful, abusive, or obscene content, nor will they include any computer viruses or malware that could interfere with the operation of the Service or any associated website. You may not use a fictitious email address, pose as someone else, or mislead us or third parties about the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.

SECTION 10 - Personal Data
Your submission of personal data through the store is subject to our Privacy Policy. Please refer to our Privacy Policy to learn more.

SECTION 11 - Mistakes, Inaccuracies, and Omissions
On occasion, there might be errors, inaccuracies, or omissions in the information found on our site or within the Service. These could pertain to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and product availability. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or cancel orders if any information within the Service or on any related website is found to be incorrect, without prior notice, even after you have placed an order.
We are not obligated to update, revise, or clarify the information in the Service or on any related website, including pricing details, unless required by law. The presence of a particular update or refresh date in the Service or on any related website should not be interpreted as an indication that all information in the Service or on any related website has been altered or updated.

SECTION 12 - Unauthorized Activities
Beyond the restrictions outlined in the Terms of Service, you are prohibited from utilizing the site or its content for the following purposes: (a) engaging in unlawful activities; (b) encouraging others to partake in illegal actions; (c) breaching international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or the intellectual property rights of others; (e) engaging in harassment, abuse, defamation, discrimination, or harm based on factors like gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or misleading information; (g) transmitting viruses or other malicious code that may impact the functionality or operation of the Service, related websites, other websites, or the Internet; (h) gathering or tracking the personal information of others; (i) engaging in spamming, phishing, data mining, pretexting, spidering, crawling, or scraping; (j) pursuing any obscene or immoral purposes; or (k) attempting to interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet. We reserve the right to terminate your usage of the Service or any related website if you breach any of these prohibited activities.

SECTION 13 - No Guarantees; Limited Liability
We do not guarantee, represent, or warrant that your use of our service will be continuous, punctual, secure, or error-free.
We do not ensure that the outcomes that may result from using the service will be precise or dependable.
You acknowledge that we may occasionally remove the service for indeterminate durations or discontinue the service at any moment, without notifying you.
You explicitly consent that your utilization of the service, or your inability to use it, is solely at your own risk. The service, along with all products and services provided to you through the service, is offered "as is" and "as available," with no representations, guarantees, or conditions, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, suitability for a specific purpose, durability, title, and non-infringement.
In no event shall Bodyzeus, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. These may be based on contract, tort (including negligence), strict liability, or other grounds, arising from your use of the service, or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - Indemnification
You consent to defend, indemnify, and protect Bodyzeus, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, against any claim or demand, including reasonable attorney fees, made by any third party as a result of or arising from your violation of these Terms of Service or the documents they reference, or your infringement of any law or the rights of a third party.

SECTION 15 - Severability
Should any part of these Terms of Service be declared unlawful, void, or unenforceable, it will still be enforceable to the maximum extent permitted by the law. The unenforceable part will be considered severed from these Terms of Service. This determination will not impact the validity and enforceability of any remaining provisions.

SECTION 16 - Termination
The responsibilities and obligations of the parties accrued before the termination date will continue after the termination of this agreement for all purposes.
Unless terminated by either you or us, these Terms of Service remain in effect. You can terminate them at any time by informing us that you no longer wish to use our Services or by discontinuing the use of our site.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or we have reason to suspect such failure, we may terminate this agreement without notice. In this case, you will still be responsible for all outstanding amounts up to and including the date of termination. Additionally, we may deny you access to our Services or any part of them.

SECTION 17 - Entire Agreement
The failure of us to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service, as well as any policies or operational guidelines posted by us on this site or related to The Service, establish the complete agreement and understanding between you and us, governing your use of the Service. They replace any prior or concurrent agreements, communications, and proposals, whether oral or written, between you and us (including earlier versions of the Terms of Service).
Any uncertainties in interpreting these Terms of Service should not be construed against the party that drafted them.

SECTION 18 - Governing Law
These Terms of Service and any separate agreements through which we deliver you Services will be controlled by and interpreted in accordance with the laws of the United States.

SECTION 19 - Changes to Terms of Service
You have the option to review the most up-to-date version of our Terms of Service at any time on this page.
We maintain the right, at our sole discretion, to update, modify, or substitute any section of these Terms of Service by publishing revisions and updates on our website. It is your responsibility to periodically check our website for alterations. Your continued use of our website or the Service after any changes to these Terms of Service have been posted signifies your acceptance of those changes.

SECTION 20 - Contact Information
If you have inquiries regarding the Terms of Service, please feel free to contact us at contact@bodyzeus.com.

Personal Data We Collect
Upon visiting the Site, certain information about your device is automatically collected. This includes data about your web browser, IP address, time zone, and specific cookies installed on your device. While browsing the Site, we gather information regarding the individual web pages or products you view, the websites or search terms that directed you to our Site, and how you engage with our Site. We refer to this data, which is collected automatically, as "Device Information."

We collect Device Information through the following technologies:

• "Cookies" are files of data placed on your computer or device, often containing an anonymous unique identifier. For detailed information on cookies and how to disable them, visit https://www.allaboutcookies.org.
• "Log files" record actions taken on the Site, capturing data such as your IP address, browser type, Internet service provider, pages you enter and exit from, and date/time stamps.
• "Web beacons," "tags," and "pixels" are electronic files used to record how you browse the Site.

Furthermore, when you make a purchase or attempt to do so through the Site, we collect specific information from you. This information comprises your name, billing address, shipping address, payment details (including credit card numbers), email address, and phone number. This information is referred to as "Order Information."

In this Privacy Policy, when we mention "Personal Information," we are encompassing both Device Information and Order Information.

How We Utilize Your Personal Information
We primarily use the Order Information that we collect to fulfill orders made through the Site. This entails processing your payment, arranging shipment, and sending invoices or order confirmations. Additionally, we utilize this Order Information to:

• Communicate with you
• Assess our orders for potential risks or fraudulent activity
• Provide you with information or advertising pertaining to our products or services that align with your preferences

We employ the Device Information we gather to help screen for potential risks and fraud, particularly examining your IP address. Moreover, it aids in enhancing and optimizing our Site overall. For instance, we generate analytics regarding how our customers interact with the Site, improving our marketing and advertising campaigns, and providing a better understanding of how customers browse and engage with our Site.

SECTION 21 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Bodyzeus (referred to as "We," "Us," "Our") is presenting a mobile messaging program (referred to as the "Program"). By choosing to use or participate in the Program, you are agreeing to these Mobile Messaging Terms and Conditions and the Privacy Policy (referred to as the "Agreement"). When you opt in or participate in any of our Programs, you are acknowledging and accepting these terms and conditions, including your agreement to handle any disputes with us through binding, individual-only arbitration, as explained in the "Dispute Resolution" section below. Please note that this Agreement exclusively pertains to the Program and does not intend to alter other Terms and Conditions or the Privacy Policy that might govern your relationship with Us in other circumstances.

User Enrollment: The Program allows Users to receive SMS/MMS mobile messages after affirmatively opting in, which can be done through online forms or application-based enrollment. Regardless of how you opted in, this Agreement applies to your participation in the Program. By participating, you consent to receive marketing mobile messages, which may be autodialed or prerecorded, at the phone number associated with your opt-in. Please be aware that consent is not necessary to make purchases from Us. Although you agree to receive messages sent via an autodialer, this should not be construed to imply that all of Our mobile messages are sent via an automatic telephone dialing system ("ATDS" or "autodialer"). Standard message and data rates may apply, and message frequency may vary.

User Opt Out: If you no longer wish to participate in the Program or no longer agree to this Agreement, you can opt out of the Program by replying with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. An additional mobile message may be sent to confirm your opt-out. Please understand that the mentioned options are the only reasonable methods of opting out. Our text message platform may not recognize or respond to unsubscribe requests that modify or alter the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands in any way, such as using different spellings or adding extra words or phrases to the command. You acknowledge that Bodyzeus and its service providers will not be liable for any failure to honor such requests. Furthermore, any other method of opting out, including, but not limited to, texting words different from those specified above or verbally requesting removal from our list from one of our employees, is not considered a reasonable means of opting out.

Program Description: In addition to the Program's scope, users who opt in can anticipate receiving messages regarding the marketing, promotion, payment, delivery, and sale of Bodyzeus programs, supplements, and athletic gear. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Message frequency may vary, encompassing daily, weekly, and monthly messages. The Program involves recurring mobile messages, and additional messages may be sent based on your interactions with Us.

Support Instructions: For assistance concerning the Program, send a text with "HELP" to the number from which you received messages, or email us at contact@bodyzeus.com. Please note that using this email address is not a valid way to opt out of the program. To opt out, you must follow the specified procedures mentioned above.

MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send SMS TMs (terminating messages).

Our Disclaimer of Warranty: The Program is provided on an "as-is" basis and may not be accessible in all locations at all times. It may also cease to function due to product, software, coverage, or other changes implemented by your wireless carrier. We are not responsible for any delays or failures in receiving mobile messages associated with this Program. Delivery of mobile messages depends on effective transmission from your wireless service provider/network operator, which is beyond Our control. Carriers are not responsible for delayed or undelivered mobile messages.

Participant Requirements: You must possess a wireless device capable of two-way messaging, subscribe to a participating wireless carrier, and have text messaging service. Not all cellular phone providers offer the necessary service for participation. Review your phone's capabilities for specific text messaging instructions.

Age Restriction: You must be at least thirteen (13) years old to use or interact with the Platform. If you are between the ages of thirteen (13) and eighteen (18), you need parental or legal guardian permission to use or interact with the Platform. By using or engaging with the Platform, you confirm that you are not under thirteen (13) years of age, are between thirteen (13) and eighteen (18) with parental or legal guardian permission, or are of legal adult age as per your jurisdiction's Applicable Law.

Prohibited Content: You acknowledge and agree not to send any prohibited content via the Platform. Prohibited content includes:

Prohibited Content: Any deceptive, slanderous, defamatory, scandalous, menacing, harassing, or stalking behavior; objectionable material, encompassing vulgar language, obscenity, lewdness, violence, prejudice, hatred, and bias based on race, gender, faith, nationality, disability, sexual orientation, or age; pirated software, viruses, malware, Trojan horses, or other malicious code; any product, service, or promotion that violates the law in the jurisdiction where it's received; content that involves and/or mentions protected personal health information under the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content restricted by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: Should a dispute, claim, or controversy arise between you and Us, or any third-party service provider acting on Our behalf to transmit mobile messages as part of the Program, related to federal or state statutory claims, common law claims, this Agreement, or its breach, termination, enforcement, interpretation, or validity (including determining the scope or applicability of this arbitration agreement), such dispute will be resolved by arbitration in Casper, Wyoming, to the maximum extent permitted by law, before a single arbitrator.

The parties agree to submit this dispute to binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time. Except where noted otherwise, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bodyzeus's principal place of business is located, without considering its conflict of laws principles. Within ten (10) calendar days after one party serves an arbitration demand on the other party, the parties shall jointly select an arbitrator with a minimum of five years’ experience and expertise relevant to the dispute. If the parties cannot agree on an arbitrator within ten (10) calendar days, one party may request the AAA to appoint an arbitrator, who must meet the same experience criteria. In any dispute, the arbitrator shall decide the validity and interpretation of this arbitration agreement according to the Federal Arbitration Act (“FAA”). The parties also consent to the AAA’s rules concerning Emergency Measures of Protection, which will apply instead of pursuing emergency injunctive relief from a court. The arbitrator's decision is final and binding, and no party shall have the right to appeal except as allowed in section 10 of the FAA. Both parties will cover their share of the arbitrator's fees and arbitration administration costs, although the arbitrator may order one party to pay some or all of these fees if warranted. The parties acknowledge that the arbitrator can award attorney's fees only if expressly authorized by law or contract. The arbitrator cannot grant punitive damages, and both parties renounce any claim for or right to punitive damages regarding any dispute resolved through arbitration.

THE PARTIES AGREE THAT EACH MAY ONLY PURSUE CLAIMS AGAINST THE OTHER IN INDIVIDUAL CAPACITY THROUGH ARBITRATION, NOT AS A PLAINTIFF OR MEMBER OF A PUTATIVE CLASS OR REPRESENTATIVE ARBITRATION. Furthermore, unless mutually agreed upon in writing, the arbitrator cannot consolidate claims of more than one individual or preside over any form of representative or class proceeding.

Except when required by law, neither party nor the arbitrator can disclose the existence, content, or outcome of any arbitration without both parties' prior written consent, unless necessary to protect or enforce a legal right. If any part of this Section is considered invalid, illegal, or unenforceable in any jurisdiction, it won't affect other parts of this Section or render them invalid or unenforceable in other jurisdictions. If, for any reason, a dispute is litigated in court instead of being arbitrated, the parties hereby waive their right to a jury trial. This arbitration provision will endure even after you cease your participation in any of our Programs.

Florida Legislation: We make every effort to adhere to the Florida Telemarketing Act and the Florida Do Not Call Act, where they apply to residents of Florida. To ensure compliance, you agree that we can assume you're a Florida resident if, during Program opt-in: (1) your provided shipping address is in Florida, or (2) the phone number area code used to join the Program matches a Florida area code. You acknowledge that the regulations of the Florida Telemarketing Act and the Florida Do Not Call Act won't apply to you, and you won't claim Florida residency, unless you meet either of these criteria or, alternatively, you explicitly inform us in writing of your Florida residency by sending written notice. If you are a Florida resident, you understand that mobile messages sent by Us in direct response to your mobile messages or requests (including, but not limited to, responses to Keywords, opt-ins, help or stop requests, and shipping notifications) won't qualify as a “telephonic sales call” or “commercial telephone solicitation phone call” according to Florida Statutes Section 501 (including, but not limited to, sections 501.059 and 501.616), to the extent this law is relevant and applicable.

Other Matters: You guarantee and affirm that you possess all the necessary rights, authority, and capability to accept these Terms and carry out your responsibilities hereunder, and that nothing in this Agreement or in fulfilling such responsibilities will result in a breach of any other contract or obligation. The failure of either party to exercise any right provided herein will not be seen as a waiver of further rights under this Agreement. If any provision of this Agreement is deemed unenforceable or invalid, that provision will be narrowed or removed to the least extent required to keep this Agreement in full force and effect and enforceable. Any new features, adjustments, updates, or enhancements to the Program will be subject to this Agreement, unless stated otherwise in written form. We retain the right to amend this Agreement periodically. We will notify you of any updates. You acknowledge your responsibility to periodically review this Agreement and stay informed of such changes. By continuing to participate in the Program after any modifications, you accept this modified Agreement.