Terms and Conditions
Last updated: 1/15/2020
1. THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on this website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health-care professional. You should not use the information on this website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.
2. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our consultants, dietitians, our employees, and others appearing on Site (at our invitation or other visitors to the Site) is at your own risk. The site is intended for healthy adults only. Subscribers must be 18 years or over.
3. The use of this website does not create a professional-client relationship (including relationship between Subscribers and Registered Dietitians). Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the consultants affiliated with our web site.
4. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site.
5. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating.
6. You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem.
7. You should carefully read all product packaging and instructions for any products or services purchased from this Site.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SPX NUTRITION LLC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Service?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with SPX Nutrition LLC and are not barred from using the Services under applicable law.
(b) Registration and Your Information. You’ll have to create an account if you want to use certain features of the Services (“Account”), such as register for certain promotions that we may offer from time to time, post a Product review, or become a SPX member. You can do this via the Site. You agree not to use the Site for any of the following purposes
• Posting any information which is inaccurate, untrue
• Posting information that is not your own
• Posting or communicating any material that infringes on any intellectual property or privacy right of another person or entity
• Engaging in conduct that would constitute a criminal offense
• Engaging in conduct that would give rise to civil liability
• Engaging in conduct that would violate any law or regulation
• Attempting to interfere in any way with the Site’s or SPX Nutrition LLC’s network security
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us at support@SPXnutrition.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Purchase of Products. You may purchase Products in our online store accessible on the Site. All Products, specifications and prices described on the Site are subject to change at any time without notice.
(a) Payments. When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Prices. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you access the Site.
(c) Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Shipping restrictions apply (please visit www.SPXnutrition.com/shipping-returns for more information). SPX Nutrition LLC is not responsible for taxes and/or duties or any brokerage and/or delivery fees and/or return postage applied to international shipments. We recommend that you contact your customs office to inquire about import regulations before placing an order. SPX Nutrition LLC will not be liable for packages refused or held for delivery. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by Customs.
(d) Returns. You may return Products that you purchase via the Site in accordance with SPX Nutrition LLC’s return policy available on the Site (please visit www.SPXnutrition.com/shipping-returns for more information).
(e) Warranty. The Products are covered by a limited warranty as described in the Warranty Terms.
6.1 Commercial Transactions
The services offered by SPX Nutrition LLC are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. SPX Nutrition LLC LLC reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers.
Your subscription will be automatically renewed and your credit card will be automatically charged, depending upon the billing terms for your account, for as long as you remain a Subscriber. You agree that SPX Nutrition LLC LLC will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all SPX Nutrition LLC LLC obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
SPX Nutrition LLC has a monthly subscription plan. If you select a monthly plan, you can cancel at any time. You can re-set up your subscription at any time as well. By canceling your subscription, you will not be charged for any future shipments. You will also not receive any refunds for past charges incurred by your subscription. (even if you cancel the subscription immediately after incurring a charge)
In the event that you elect to terminate your SPX Nutrition LLC subscription, please follow the instructions signaled on the website. In case of further correspondence, support@SPXnutrition.com
If you have any questions regarding your supplements or your supplement order, you may email support@SPXnutrition.com or call our SPX Nutrition LLC customer service at (801) 860-1682 which can receive messages 24/7. If it is an emergency, please call 911.
In the case of your SPX Nutrition LLC LLC. order, if you are not completely satisfied with our SPX Nutrition LLC products, then there is a 100% refund available. If you have opened or unopened products, simply return the opened or unopened products within 30 days. Upon receipt of your supplements, we will refund you with credit. In order to receive a refund for any reason you will need to follow the instructions of our refund and return policy.
7. Offer Codes; Spokespeople; Refer-a-Friend Program.
(a) Offer Codes. From time to time, SPX Nutrition LLC may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, Product exclusions and any other restrictions as may be determined and communicated by SPX Nutrition LLC in its sole discretion (“Offer Codes”). Only valid Offer Codes provided by SPX Nutrition LLC will be honored by SPX Nutrition LLC. Each Offer Code offered by SPX Nutrition LLC(i) is non-transferable, (ii) is valid for one single purchase on the Site, (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards purchase of non-SPX Nutrition LLC branded merchandise, taxes, or shipping charges. SPX Nutrition LLC is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
Coupon code SPX10 is provided for individual use only on first-time purchases with a minimum subtotal of $30. SPX reserves the right to review & refund any order deemed in excess of personal usage, including orders over $150 before discount applied. Codes & offers are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion. Plan Discounts and BUY 3 Discounts apply to each order that meets the criteria of such discounts. This offer is subject to change without notice.
(b) Certificate Codes
From time to time SPX may issue certificates. Certificates are coupons for discounts off future purchases and may be redeemed only for a discount off purchase amounts equal to or greater than the specified amount before other discounts applied. Certificates are not transferable and may be used only by the member to whom issued. Certificates may be used in conjunction with most other discounts or offers toward the purchase of products, not to exceed the purchase amount. Unless noted otherwise on the certificate, each certificate will expire 30 days from the issuance date. Certificates have no cash value and no change will be given for certificate redemption. Certificates are not retroactive and price adjustments will not be issued to orders placed prior to the date issued. Certificates may be used only once. Certificates expire at 11:59 p.m. MST on the expiration date shown on the reward certificate. This offer is subject to change without notice.
(c) Offer Codes from Spokespeople. From time to time, SPX Nutrition LLC may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by SPX Nutrition LLC for his or her statements.
(d) Refer A Friend Promotion Terms:
SPX NUTRITION LLC may provide you referral credits ("Referral Credits") when you invite your friends to make a qualifying order on www.SPXnutrition.com ("Credit-Eligible Orders") using your applicable referral code. Referral Credits may be awarded to you when your friends make their first purchase of a qualifying Subscription. Referral Credits are granted in SPX NUTRITION LLC's sole discretion. In order for you to be eligible to receive Referral Credits for friends making new Credit-Eligible Orders, the new friend must use the referral code SPX NUTRITION LLC provides to you and make a first-time purchase on SPXnutrition.com of US $39+ or as applicable. Referral codes will not be applied to subsequent automatically renewed orders and are void where prohibited.
Referral Credits are loyalty or promotional discounts or credits offered by SPX NUTRITION LLC, and do not constitute an account, a payment instrument or other property owned by any SPX NUTRITION LLC user. Any person that receives credits, coupons, prizes or other benefits from SPX Nutrition LLC by posting to coupon sites, comment sections on third party sites, using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct as determined by SPX Nutrition LLC, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. SPX NUTRITION LLC reserves the right to deactivate your referral code at its sole discretion. If your account has not been active for six (6) consecutive months, any Referral Credits you may have earned will expire at that time.
SPX Nutrition LLC reserves the right to cancel the Referral Program or to change the Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time. SPX Nutrition LLC reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Referral Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral code that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account, revocation of Referral Credits and exclusion from the Referral Program.
8. Content Ownership, Responsibility and Removal.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Site visitors (including Account holders) provide to be made available through the Services, including Product reviews. User Content also includes Content that explicitly refers to SPX Nutrition LLC, the Products or the Services that you submit or make available through third-party websites or platforms (“SNS User Content”). SPX Nutrition LLC has no obligation to make any User Content available on the Site.
(b) Our Content Ownership. SPX Nutrition LLC does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, SPX Nutrition LLC and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to SPX Nutrition LLC a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Site visitors. In addition, you hereby grant to SPX Nutrition LLC a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your SNS User Content in connection with operating and providing the Services and Content to you and to other Site visitors, subject to the terms and conditions of the third-party website or platform to which the SNS User Content was submitted.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by SPX Nutrition LLC on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Rights in Content Granted by SPX Nutrition LLC. Subject to your compliance with these Terms, SPX Nutrition LLC grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(f) Sponsored Content. From time to time, SPX Nutrition LLC may make available through the Services Content that is sponsored by third parties.
9. General Prohibitions and SPX Nutrition LLC’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, SPX Nutrition LLC’s name, any SPX Nutrition LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SPX Nutrition LLC’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, SPX Nutrition LLC’s computer systems, or the technical delivery systems of SPX Nutrition LLC’s providers;
(d) Attempt to probe, scan or test the vulnerability of any SPX Nutrition LLC system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SPX Nutrition LLC or any of SPX Nutrition LLC’s providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SPX Nutrition LLC or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing an SPX Nutrition LLC trademark, logo URL or product name without SPX Nutrition LLC’s express written consent;
(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content (including without limitation Product reviews), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. DMCA/Copyright Policy. It is SPX Nutrition LLC’s policy to terminate in appropriate circumstances Account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SPX Nutrition LLC’s Copyright Policy for further information.
11. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
12. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@SPXnutrition.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 8(a), 8(b), 8(c), 13, 15, 16, 17, and 18.
13. Warranty Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY TERMS, THE PRODUCTS, SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
14. Indemnity. You will indemnify and hold harmless SPX Nutrition LLC and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
15. Limitation of Liability.
(a) NEITHER SPX NUTRITION LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPX NUTRITION LLC OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL SPX NUTRITION LLC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SPX NUTRITION LLC FOR THE PURCHASE OF THE PRODUCTS OR USE OF THE SERVICES OR CONTENT, AS APPLICABLE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SPX NUTRITION LLC.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPX NUTRITION LLC AND YOU.
16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution” the exclusive jurisdiction for all Disputes (defined below) that you and SPX Nutrition LLC are not required to arbitrate will be the state and federal courts located in the State of Utah, and you and SPX Nutrition LLC each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products, Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SPX Nutrition LLC agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and SPX Nutrition LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@SPXnutrition.com or by regular mail at PO Box 2794 Mesquite, NV 89024 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver. YOU AND SPX NUTRITION LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if SPX Nutrition LLC changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@SPXnutrition.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of SPX Nutrition LLC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SPX Nutrition LLC in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) Severability. With the exception of any of the provisions in Section 17(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18. General Terms.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between SPX Nutrition LLC and you regarding the Products, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SPX Nutrition LLC and you regarding the Services and Content. With the exception of the Class Action Waiver, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without SPX Nutrition LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SPX Nutrition LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by SPX Nutrition LLC under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. SPX Nutrition LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SPX Nutrition LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) Compliance with laws. You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.
19. Contact Information. If you have any questions about these Terms, the Products or the Services, please contact SPX Nutrition LLC at firstname.lastname@example.org
Or by phone: 801-860-1682
SPX Nutrition LLC
PO Box 2794
Mesquite, NV 89024