Terms of Use

 

 

  1. Introduction

ATTENTION! —CLASS ACTION WAIVER AND ARBITRATION AGREEMENT:

These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. BY AGREEING TO THESE TERMS OF USE, YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR MASS ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the section entitled Arbitration Agreement and Class Action Waiver below. CAREFULLY REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BEFORE YOU AGREE TO THESE TERMS OF USE, USE OUR SITE, OR PURCHASE OUR PRODUCTS.

These Terms of Use (this “Agreement” or these “Terms of Use”) is a legal agreement between you (“you” or “your”) and Bare Performance Nutrition, LLC, its affiliates, and each of their respective successors and assigns (collectively, “BPN”, “we”, “our”, or “us”) governing your use of (i) the information and service, if any, provided by us or otherwise accessible via any web site, IP address or any social media accounts or other online products and services offered or designated by us, including, but not limited to, your receipt of BPN text messages (the “Site”), and (ii) any products, materials or other offline components provided by us or on our behalf through the Site or otherwise (the “Products”). This Agreement includes and incorporates by reference our Privacy Policy available at https://www.bareperformancenutrition.com/pages/privacy-policy (the “Privacy Policy”) and our Cookie Policy available at https://www.bareperformancenutrition.com/pages/cookie-policy (the “Cookie Policy”. Please read this Agreement, the Privacy Policy, and the Cookie Policy carefully and fully before using the Site, purchasing our Products, or disclosing any personal information to us.

By accessing or using this Site, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this Agreement in their entirety without limitation or qualification as well as all applicable laws and regulations. If you do not agree to be bound by the terms and conditions of this Agreement and to follow all applicable laws, do not access or use this Site or purchase Products.

  1. Health Care Disclaimer

THIS SITE INCLUDES NUTRITIONAL INFORMATION AND THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS DIETARY OR MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY A MEDICAL PROFESSIONAL, SUCH AS A NUTRITIONIST OR DIETITIAN. YOU SHOULD SEEK THE ADVICE OF A MEDICAL PROFESSIONAL BEFORE STARTING ANY DIETARY PROGRAM TO ENSURE IT IS SUITABLE FOR YOUR SPECIFIC DIETARY NEEDS. WE DO NOT SUGGEST OR REPRESENT THAT ANY OF OUR PRODUCTS OR SERVICES HAVE BEEN APPROVED FOR YOUR INDIVIDUAL USE BY A MEDICAL PROFESSIONAL.

THE SITE OFFERS HEALTH AND FITNESS INFORMATION. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

ON BEHALF OF YOUR EXECUTORS, ADMINISTRATORS, HEIRS, NEXT OF KIN, SUCCESSORS, AND ASSIGNS, YOU HEREBY: (A) WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL LIABILITY FOR YOUR DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO YOU, THE FOLLOWING ENTITIES OR PERSONS: BARE PERFORMANCE NUTRITION, LLC, ITS AFFILIATED ENTITIES, ITS AND THEIR DIRECT AND INDIRECT OWNERS, AND EACH OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS; AND (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE ENTITIES OR PERSONS MENTIONED ABOVE FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR USE OF THIS SITE, OUR PRODUCTS OR SERVICES. THIS RELEASE SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

By accessing or using the Site, purchasing any Product, or otherwise agreement to this Agreement: 

  1. You acknowledge that you’ve read, understood, and accept the terms in this Agreement and any additional documents or policies referred to in or incorporated into this Agreement;


  1. If the terms in this Agreement have materially changed since you last accessed or used the Site or purchased a Product, you acknowledge and agree that your continued access or use of the Site constitutes your acceptance of the changed terms; and


  1. You consent to receive communications, including text or SMS messages as described below, from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.


  1. License Grant

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, license to access the Site solely for your own use. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.

This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (collectively, the “Content”) on the Site, except as follows:

  • You may temporarily store copies of such Content on your computer incidental to your accessing and viewing those materials;

  • You may store files that are automatically cached by your web browser for display enhancement purposes; and

  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any Content on this Site;

  • Use any Content on the Site separately from the accompanying text; or

  • Delete or alter any copyright, trademark, or other proprietary rights notices from this Site.

If you wish to make any use of the Content other than that set out in this section, please address your request to the contact information provided below.

  1. Restrictions on License Grant

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material described in the “Prohibited Content” section of this Agreement.

  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate BPN, a BPN employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm BPN or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Site.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Site.

  1. Intellectual Property Ownership

All right, title and interest in the Site and the Content, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to us or our licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, the Content or the Materials, in whole or in part. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and we own a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Content, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause us and our licensors irreparable injury, which may not be remedied at law, and you agree that our and our licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

  1. Product Descriptions

BPN attempts to be as accurate as possible. However, BPN does not warrant that Product descriptions, prices, photographs or other content of this Site is accurate, complete, reliable, current, or error-free. BPN is not responsible for typographical errors, manufacturer delays in delivery or changes to Products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a Product offered by BPN itself is not as described, your sole remedy is to return it in unused condition. 

  1. Trademarks

The name BARE PERFORMANCE NUTRITION and the trademarks GO ONE MORE, FUTURE OF  STRONG GREENS, STRONG REDS, G.1.M. SPORT, PEAK SLEEP, and FUTURE OF ENDURANCE and other common law or registered trademarks used on this Site by us, along with their associated logos, related names, design marks, product names and feature names are our trademarks and may not be used, copied or imitated, in whole or in part, without our express prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes our service mark, trademark and/or trade dress and may not be copied imitated or 

  1. Account Access

If use of all or any part of the Site is contingent on you and your users accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Site) to log-in to the password protected Site. If non-authorized individuals have access to your systems or to your users’ user-id and password, they may be able to use the Site. You shall keep any correspondence you receive relating to or through the use of the Site (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

  1. Reviews, Comments and Postings

Any product review, post or, email in regard to a product or a review (collectively, a “User Contribution”) is considered non- confidential and non-proprietary and we have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such User Contributions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. All User Contributions shall automatically become our sole and exclusive property and shall not be returned to you. If we become aware of any possible violations by you of this Agreement, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately suspend or terminate your license to the Site, without prior notice to you, and to delete any User Contribution that violates this Agreement. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with this Agreement. 

You acknowledge and agree that while BPN has no obligation to pre-screen User Contributions, BPN reserves the right to screen, refuse, or remove any User Contributions, including the following:

  • Remove or refuse to post any User Contribution that violates this Agreement.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate if we believe that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Site or the public, or could create liability for BPN.

  • Disclose your identity or other information about you to any third party who claims that your User Contribution violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site or our Products. 


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Site. YOU WAIVE AND HOLD HARMLESS BPN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. By accepting this Agreement, you hereby provide your irrevocable consent to such monitoring and the rights set forth above, and you acknowledge and agree that you have no expectation of privacy concerning the transmission of User Contributions. In the event that BPN pre-screens, refuses, or removes any User Contribution, you acknowledge that BPN will do so for its benefit and not yours.

  1. Prohibited Content

You acknowledge and agree to not post any prohibited content through the Site. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act; and

  • Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.


We reserve the right to block access to, suspend, or terminate your access to the Site or your account with or without notice, and with or without refund or liability, if we, in our sole discretion, determine that you are in breach of this Agreement.

  1. Age Restriction

You may not use the Site or purchase Products if you are under 18 years of age. By using the Site or purchasing Products, you acknowledge and agree that you are at least 18 years of age. By using the Site or purchasing Products, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Site.

  1. Messaging Terms & Conditions

As part of our service, including the BPN Training App, we offer a mobile text messaging program (the “Texting Program(s)”), which you agree to use and participate in subject to this Agreement. By opting into or participating in any of our Texting Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration and your waiver of any right to pursue a class action against us, as detailed in the “Governing Law and Jurisdiction” section below. Regardless of the opt-in method you utilized to join the Texting Program, you agree that this Agreement applies to your participation in the Texting Program.

User Opt In. By opting in to the Texting Program, you provide your prior express written consent and agreement to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from us, including text messages that may be sent using an automatic telephone dialing system and/or an automated system for the selection and/or dialing of phone numbers, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an autodialer under federal or state laws.

User Opt Out. If you do not wish to continue participating in the Texting Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Texting Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Texting Program Description. Without limiting the scope of the Texting Program, users that opt into the Texting Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.

Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which our messages are sent.

Support Instructions. For support regarding the Texting Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the Texting Program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure. The Texting Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty. The Texting Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Texting Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

Supported Devices. The Texting Program is offered on an “as-is” basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Bare Performance Nutrition, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.


  1. Links to Other Sites

As is typical online, the Site may contain hyperlinks to other websites and/or resources that are not controlled or operated by us (“Third-Party Sites”). If there are Third-Party Sites linked to on the Site, either by us or by you, these links are provided only for the convenience of our users. We have no control over the contents of Third-Party Sites, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Sites linked to the Site, you do so entirely at your own risk and subject to this Agreement and the terms and conditions of use for such websites.

  1. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to the email address provided below or my mail to the mailing address provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1.  Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “BPN PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING NON-INFRINGEMENT AND ACCURACY; (B) NEITHER WE NOR ANY BPN PARTY WARRANTS THAT THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) WE AND THE BPN PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, USEFULNESS, OR EFFECTIVENESS OF THE INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER WE NOR ANY OF THE BPN PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SITE, WE DO NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PRESENTED THROUGH OUR SITE AND YOU SHOULD CONSULT EACH PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

  1. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. WE SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE, THE PRODUCTS, AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (I) IF APPLICABLE, THE AMOUNT YOU PAID TO US FOR PRODUCTS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) $100. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SITE OR PRODUCTS PURCHASED FROM US MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

  1.  Indemnification

You will indemnify BPN and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in this Agreement; (ii) your use of the Site and our Products; and/or (iii) any violation of the Agreement. You agree that your representations and warranties, and your obligation to indemnify BPN shall survive beyond any term that the Agreement is in effect.


  1. Governing Law and Jurisdiction

All matters relating to the Site, our Products, and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Subject to and without limiting the Arbitration Agreement, any legal suit, action, or proceeding arising out of, or related to, this Agreement, the Site, or our Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Round Rock and County of Travis, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Arbitration Agreement and Class Action Waiver

Please read the following arbitration agreement set forth in this section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with BPN, its subsidiaries, affiliates, successors, and assigns, and all of its and their respective officers, directors, employees, agents, and representatives (collectively, the “BPN Parties”) and limits the manner in which you can seek relief from the BPN Parties. To begin an arbitration proceeding, you must send a letter requesting arbitration (the “Notice of Claim”) and describing your claim to Bare Performance Nutrition, LLC, 3161 Eagles Nest Street Suite 360, Round Rock TX 78665 USA, ATTN: Customer Service, or by email to [email protected]. 

BY AGREEING TO ARBITRATION WITH BPN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST BPN IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.


Disputes

You and BPN agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and BPN therefore agree that, after a Notice of Claim is sent but before either you or BPN commence arbitration or file a claim in small claims court against the other (and in no event more than 60 days from the date on which BPN receives the Notice of Claim), you and BPN will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if BPN is represented by counsel, its counsel may participate in the conference as well, but BPN agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section.

Applicability of Arbitration Agreement

You agree that any dispute or claim relating in any way to your access to or use of the Site (including the Texting Program), any Products sold or distributed through our Site, or to any aspect of your relationship with BPN, will be resolved by binding individual arbitration, rather than in court, except that you or the BPN Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and we also agree that the arbitration provision and class action waiver apply to any and all claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against the BPN Parties on your behalf.

IF YOU AGREE TO ARBITRATION WITH THE BPN PARTIES, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN, OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN, ANY LAWSUIT FILED AGAINST THE BPN PARTIES ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF, INCLUDING BUT NOT LIMITED TO A “MASS ACTION” AS DEFINED BELOW. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE BPN PARTIES IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or BPN are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or BPN’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate.

Arbitration Rules and Forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Bare Performance Nutrition, LLC, 3161 Eagles Nest Street Suite 360, Round Rock TX 78665 USA, ATTN: Customer Service, or by email to [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ and other legal fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, BPN will pay them for you. In addition, BPN will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, the BPN Parties will not seek attorneys’ and other legal fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the BPN Parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award any relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the BPN Parties.

Waiver of Jury Trial

EXCEPT AS SPECIFIED IN “APPLICABILITY OF ARBITRATION AGREEMENT” ABOVE, YOU AND THE BPN PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the BPN Parties are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in “Applicability of Arbitration Agreement” above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Fees

If the arbitrator finds that either the substance of your Claim or the relief sought in your Notice of Claim was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules and BPN will not reimburse your initial filing fee. The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under the JAMS rules where it deems appropriate, provided that such modification does not increase the JAMS fees to you or BPN, and you and BPN waive any objection to such fee modification.

Waiver of Class or Consolidated Actions

BY AGREEING TO THESE TERMS OF USE, YOU AND EACH OF THE BPN PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in a court as set forth in “Governing Law and Jurisdiction”. All other claims will be arbitrated. Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Round Rock and County of Travis.

Thirty-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Bare Performance Nutrition, LLC, 3161 Eagles Nest Street Suite 360, Round Rock TX 78665 USA, ATTN: Customer Service, or by email to [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you and you will remain subject to the class action waiver described above. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Arbitration Agreement

This Arbitration Agreement will survive the termination of your relationship with BPN.

  1. Indemnification

  2.             Modifications 

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. Your continued use of the Site following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. Severability

 The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.

  1. Accessibility

Our Accessibility Statement is available at https://www.bareperformancenutrition.com/pages/accessibility. 

  1. Your Comments and Concerns

This Site is operated by Bare Performance Nutrition, LLC at 3161 Eagles Nest Street Suite 360, Round Rock, Texas 78665 USA.

All feedback, comments, requests for technical support, and other communications relating to the Site and our Products should be directed to [email protected]. 

Last updated: November 5, 2025.