Terms of Use
Please carefully read the following Terms of Use and Disclaimer before using the TKSupplements.com website. By using our website, you agree to the TK Supplements, Inc. reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates. Individuals must be 18 years of age or older to use this site and you warrant that you are 18 years of age or older.
Copyright
All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of TK Supplements, Inc., and its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on TKSupplements.com is the exclusive property of TK Supplements, Inc. and protected by U.S. and international copyright laws. All software used on TKSupplements.com is the property of TK Supplements, Inc. or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of TKSupplements.com for the sole purpose of placing an order with TKSupplements.com or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of TKSupplements.com is strictly prohibited.
Trademarks
All trademarks, logos, service marks and trade names are the property of and proprietary to TK Supplements, Inc. or other respective owners that have granted TKSupplements.com the right and license to use such intellectual property. You may not use any of our trademarks, logos or other rights without our express written permission.
Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on TKSupplements.com, including, without limitation, text, graphics and links, are provided on an "As Is" and “As Available” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TKSUPPLEMENTS.COM AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE OR THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS SOLD OR INCLUDED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, TK Supplements, Inc. and its suppliers do not represent or warrant that the information accessible via TKSupplements.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice. We reserve the right to withdraw or delete any information from this site at any time at our discretion. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Product Information
Some TK Supplements® products displayed on our website may be available in stores in the United States while supplies last. In some cases, merchandise displayed for sale on TKSupplements.com may not be available in stores. The prices displayed on the website are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
Users’ Testimonials
All reviews, comments or other submissions (referred to as “User Content”) provided to TKSupplements.com on or about this site, or otherwise submitted in connection with your use of the website, shall be and remain TKSupplements.com property. Such disclosure, submission or offer of any User Content shall be deemed an assignment to remain TK Supplements, Inc. of all worldwide rights in all intellectual properties relating to the User Content.
You agree that no User Content submitted by you to TKSupplements.com will violate any right of any third party, including copyrights, trademark, privacy or other personal or proprietary right(s). You further agree that no User Content submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for all User Content you submit, including its legality, reliability, accuracy, and appropriateness. TK Supplements, Inc. is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of this Site. You agree that TKSupplements.com may use and/or disclose information consistent with our Privacy Policy.
You agree that we may remove or refuse to post any User Content for any or no reason in our sole discretion. In addition, you agree that we may take any action with respect to any User Content that we believe, in our sole discretion, violates these Terms of Use or our Site’s Terms and Conditions, or infringes the intellectual property rights of any third party, or threatens the personal safety of Site users or the public, or could create liability for TK Supplements, Inc. You further agree that we may disclose your identity or other information about you to any third party that claims that User Content posted by you violates their rights, including intellectual property rights or privacy rights. You also agree that we may take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of this Site.
You agree to defend, indemnify, and hold harmless TK Supplements, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
TKSupplements.com Electronic Communications to You
You agree that TK Supplements, Inc. is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the TKSupplements.com site or TK Supplements® products or services, or for such other lawful purpose(s) as TK Supplements, Inc. deems appropriate.
Links to Other Web Sites
TKSupplements.com may contain links to websites other than our own. TK Supplements, Inc. does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. TKSupplements.com does not control the content of these sites and takes no responsibility for their content, nor should it be implied that TK Supplements, Inc. endorses or otherwise recommends such sites or the products or services offered.
Limitation of Liability
IN NO EVENT SHALL TK SUPPLEMENTS, INC. OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF TK SUPPLEMENTS, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
The TKSupplements.com website is created and controlled by TK Supplements, Inc. in the State of Delaware, U.S. As such, the laws of the State of Delaware will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law. We reserve the right to make changes to our website and these disclaimers, terms and conditions at any time.
Indemnification
In using this Site and/or purchasing TK Supplements® Products, users expressly waive any and all claims that they may have against TK Supplements, Inc. You agree to indemnify, defend, and hold harmless TK Supplements, Inc. and its affiliates, successors and assigns, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
Termination
TK Supplements, Inc. may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Site and/or Products at any time, with or without cause, at TK Supplement Inc.’s sole discretion. In the event of termination, the intellectual property, disclaimers, and limitations of liability provisions set forth in these Terms will survive.
Miscellaneous
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent.
Dispute Resolution and Binding Arbitration
(a) YOU AND TK SUPPLEMENTS, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TK SUPPLEMENTS, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Last updated on May 1, 2018.