Terms and Conditions

Last Updated: June 09, 2022

Introduction

By using the Bare Performance Nutrition, LLC, including affiliates (“Bare Performance Nutrition”) website or service platforms, you agree to these conditions:

Minors or people below eighteen (18) years old are not allowed to use this website without parental supervision or consent.

These Terms and Conditions written on this webpage shall manage your use of this website. These terms will be applied fully and affect your use of this website and Bare Performance Nutrition’s service platforms. Please read these terms carefully--they will govern any issue that may arise, whether directly or indirectly.

Changes to This Notice

We may change these Terms and Conditions from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Terms and Conditions Page and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Terms and Conditions, we will notify you more directly by email or by means of a notice on the home page prior to the change becoming effective.

We encourage you to review our Terms and Conditions whenever you access the Bare Performance Nutrition website or service platform to stay informed.

If you disagree with any changes to this Terms and Conditions and do not wish your information to be subject to the revised Terms and Conditions, you will need to stop using the Bare Performance Nutrition service platforms and website. Your further use of any of the Bare Performance Nutrition service platforms or website after the posting of such changes shall constitute your consent to such changes.

Intellectual Property Rights

Other than the content you own, under these Terms: this website and its original content, features, and functionality are owned by Bare Performance Nutrition and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited license only for purposes of viewing the material contained on this website and purchasing products offered for sale. Any products purchased is for the specific intended use only of that product and does not grant any intellectual property rights.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. And our protections under these Terms and Conditions also protect us through these links as we are not responsible and completely indemnified and protected against all liabilities.

Reviews, Comments and Postings

Any product review, post or, e-mail in regard to a product or a review are considered non- confidential and non-proprietary and we, Bare Performance Nutrition, shall 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 submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. All submissions shall automatically become our sole and exclusive property and shall not be returned to you.

We also reserve the right to delete, edit or suspend any comment, review or post. You hereby agree that you will not use a false e-mail or post an inaccurate review or comment.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

International Access

This site may be accessed from countries other than the United States. This site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this site outside the United States, you are responsible for complying with your local laws and regulations.

Restrictions

You are specifically restricted from all of the following:

- Publishing any website material in any other media;

- Selling, sublicensing and/or otherwise commercializing any website material;

- Using this website in any way that is or may be damaging to this website;

- Using this website in any way that impacts consumer access to this website;

- Using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;

- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website (without permission from Bare Performance Nutrition and in compliance with Privacy Policy (https://bruteforcetraining.com/pages/privacy-policy);

- Using this website to engage in any private advertising or marketing; and

- Certain areas of this website are restricted from being accessed by you, and Bare Performance Nutrition may further restrict access to you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this website is confidential and you must maintain confidentiality as well.

Limitation of Liability & Disclaimer of Warranties

In no event shall Bare Performance Nutrition, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. Bare Performance Nutrition, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use or interpretation of this website.

Except as otherwise set forth on this site, including without limitation the product descriptions of specific products, this site, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free.

To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, error in pricing, or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Indemnification

You hereby indemnify to the fullest extent Bare Performance Nutrition from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions to include a breach under the platforms listed above.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Texas and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes. You further understand and consent that Bare Performance Nutrition has the ability to force arbitration should they deem that a better alternative—this is at exclusive and sole discretion of Bare Performance Nutrition.

Termination Clause

Bare Performance Nutrition may terminate your access to the site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

You may also choose at any time to terminate your account by notifying us by e-mail at Contact Us and we will delete your account and consider our relationship terminated.

All provisions of this Agreement will survive termination, including, without limitation, ownership provisions, indemnity, and limitations of liability.

Bare Performance Nutrition Messaging Terms & Conditions

Bare performance nutrition (hereinafter, "Bare Performance Nutrition," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy. By opting in to or participating in any of our 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, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Bare Performance Nutrition, including text messages that may be sent using an automatic telephone dialing system, 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 automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

2. User Opt Out. If you do not wish to continue participating in the 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 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 Bare Performance Nutrition and its 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.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, Bare Performance Nutrition Terms of Service and Bare Performance Nutrition Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the 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.

5. 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.

6. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at support@bareperformancenutrition.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

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

8. Our Disclaimer of Warranty. The 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 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.

9. Supported Devices. The 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.

10. Contact. This Program is a service of Bare Performance Nutrition, located at 3161 Eagles Nest Street Suite 360, Round Rock TX 78665, United States.

12. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. 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 ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
  • - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

14. Dispute Resolution. In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Round Rock , TX before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Bare Performance Nutrition ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bare performance nutrition Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Bare Performance Nutrition makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 3161 Eagles Nest Street Suite 360, Round Rock TX 78665, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Bare Performance Nutrition.

If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

15. Florida Law. We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.v

 

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this site to:

Bare Performance Nutrition, LLC, 3161 Eagles Nest Street, Suite 360, Round Rock, TX 78665

When you register and provide your contact information, you will be given options related to receiving marketing calls, text messages, and emails from the Company and others calling, texting, or emailing on its behalf. You may change your preferences by signing into your account and going to your “Profile”. Such calls, texts, and emails may include, for example, marketing messages, password reminders, authentication messages, account- or service-related alerts and reminders, customer service communications, satisfaction surveys, and other types of calls and text messages. You may not opt-out of receiving these communications for purposes of communications regarding your account, services, and the security of your account.