Terms & Conditions

Evolved Physique, LLC - TERMS & CONDITIONS

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

 

  1. Changes in Terms:

Evolved Physique, LLC has the sole right at any time and without prior notice to revise these Terms. Evolved Physique, LLC will post changes on the Site and it is your responsibility to review these Terms and any modifications.

 

  1. Termination:

Evolved Physique, LLC have the right at any time and without prior notice to terminate some or all of our services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use of our services or any feature or portion thereof.

 

  1. Compliance With Laws:

You agree to comply with all applicable laws and regulations regarding your use of the Site.

 

  1. Content

The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content". 

The Content may contain errors, omissions, or may be out of date. Evolved Physique, LLC may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on Evolved Physique, LLC.

All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. Evolved Physique, LLC’s intellectual property may not be used without Evolved Physique, LLC’s written permission. All other trademarks and service marks not owned by Evolved Physique, LLC that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Evolved Physique, LLC.

You may view and use the Content for your personal information and for ordering and for no other purpose. Evolved Physique, LLC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

As part of the Web Site, Evolved Physique, LLC may offer recipes and information dealing in the preparation of food and beverages and Evolved Physique, LLC allows recipe submissions by various sources, including users of the Web Site. Evolved Physique, LLC in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Web Site and prepared are done so "at your own risk". Evolved Physique, LLC is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this Web Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on this Web Site.

 

  1. Product Reviews:

Product reviews appearing on the Site are prepared by third-parties (including, but not limited to, review pages, message boards, forums, text files, chats, etc.). Evolved Physique, LLC has not determined whether a specific reviewer's experience is what an average or typical customer may expect to achieve.

 

  1. Accounts:

Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify Evolved Physique, LLC at customerservice@evolvedphysique.com of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the Site.

 

  1. Prices/Orders:

Manufacturer Suggested Retail Price (“MSRP”) is provided by the manufacturer and is the manufacturer’s representation of value. Sales may or may not be made at this price. This price does not necessarily represent the prevailing retail price in every community, and may not represent the price at which Evolved Physique, LLC sells the product.

Evolved Physique, LLC may add shipping and handling fees and applicable sales/use or value added tax. Evolved Physique, LLC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered.

Evolved Physique, LLC reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Evolved Physique, LLC, for any reason. Evolved Physique, LLC reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Evolved Physique, LLC shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Evolved Physique, LLC shall issue a credit to your credit card account in the amount of the incorrect price. 

The risk of loss and title for all products purchased by you and shipped by Evolved Physique, LLC pass to you upon Evolved Physique, LLC’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Evolved Physique, LLC’s vendors/suppliers pass from such vendor/supplier to you upon such vendor/supplier's delivery to the carrier for shipment.

  1. Dispute Resolution:

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Mulberry, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

These Terms of Use shall be construed in accordance with the laws of the state of Florida, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Florida and you will initiate any claim in connection with use of the Site or these Terms of Use in Polk County, Florida.

Nothing in this Section shall prevent Evolved Physique, LLC from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

  1. Inappropriate Material:

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.