Overview

Nutritional Peak operates this website. The terms “we,” “us,” and “our” throughout the site refer to Nutritional Peak. By using our website or purchasing items from us, you engage in our “Service” and agree to abide by the terms and conditions outlined in these Terms of Service.

These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors. Before accessing or using our website, carefully read these Terms of Service. If you disagree with any part of this agreement, refrain from accessing the website or using any services.
If considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store are also subject to these Terms. The most current version is available on this page, and we reserve the right to update, change, or replace any part of these Terms of Service. Check this page periodically for updates, and your continued use or access constitutes acceptance of those changes.

Woocommerce hosts our store, providing the online e-commerce platform that enables us to sell products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose. In the use of the Service, you must not violate any laws in your jurisdiction, including but not limited to copyright laws. Additionally, you must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted, involving transmissions over various networks and changes to conform and adapt to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We disclaim responsibility for any inaccuracies, incompleteness, or lack of timeliness in the information provided on this site. The material is for general information only and should not be solely relied upon for decision-making. It is essential to consult primary, more accurate, complete, or more timely sources of information. Any reliance on the material is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We retain the right to modify the site’s contents at any time, with no obligation to update any information. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content) at any time, without notice. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online through the website. These items may have limited quantities and are subject to return or exchange only according to our Return Policy.
While we have made every effort to accurately display the colors and images of our products in the store, we cannot guarantee that your computer monitor will accurately depict any color.
We reserve the right, though not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit product quantities and change product descriptions or pricing at any time without notice, at our sole discretion. The right to discontinue any product at any time is also reserved. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. Additionally, we do not guarantee that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time of ordering. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. It is your responsibility to promptly update your account and other information, including your email address and credit card numbers and expiration dates, to facilitate completing transactions and contacting you as needed.

For additional details, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may grant you access to third-party tools, and it is important to note that we neither monitor nor control nor have any input over these tools. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any issues arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Additionally, any new services and/or features introduced in the future through the website, including the release of new tools and resources, will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, carefully review the third party’s policies and practices. Ensure you understand them to avoid any complications. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
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SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

By sending specific submissions (e.g., contest entries) at our request or creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, via email, postal mail, or other means (collectively, ‘comments’), you agree that we may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are under no obligation to (1) maintain comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
While we may, at our discretion, monitor, edit, or remove content that we deem in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violating any party’s intellectual property or these Terms of Service.
You commit that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of your comments. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Any personal information you submit through the store is governed by our Privacy Policy. To view our Privacy Policy, [click here](#).

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service containing typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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SECTION 12 – PROHIBITED USES

You are not allowed to use the site or its content for the following:(a) Engaging in any unlawful activities; (b) Encouraging or participating in unlawful acts by others; (c) Violating any local, national, or international laws, regulations, rules, or ordinances; (d) Infringing upon our intellectual property rights or those of others; (e) Engaging in behavior that harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) Providing false or misleading information;
(g) Transmitting viruses or any malicious code that could impact the functionality or operation of the Service, related websites, or the Internet; (h) Collecting or tracking the personal information of others; (i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) Using the service for any obscene or immoral purposes; or (k) Interfering with or bypassing the security features of the Service, related websites, or the Internet.
We reserve the right to terminate your access to the Service or any associated website if you violate any of these prohibitions.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. Nor do we guarantee the accuracy or reliability of results obtained from the service.
We may, at our discretion, remove the service for indefinite periods or cancel it at any time without notice to you.
You acknowledge that your use of the service is at your own risk. The service, along with all products and services delivered through it, is provided ‘as is’ and ‘as available,’ without any express or implied representation, warranties, or conditions.
In no event shall Nutritional Peak, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs. This applies whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products obtained through it.
Our liability is limited to the maximum extent permitted by law in states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.

SECTION 14 – INDEMNIFICATION

By accepting these Terms of Service, you commit to indemnifying, defending, and absolving Nutritional Peak, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, initiated by a third party due to or resulting from your breach of these Terms of Service or the documents they incorporate by reference, or your infringement of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The responsibilities and financial obligations of the parties that arise before the termination date will persist beyond the termination of this agreement for all intents and purposes. These Terms of Service will be in effect unless terminated by either party. You have the option to terminate these Terms of Service at any time by informing us that you no longer wish to utilize our Services, or by discontinuing the use of our site. Should we, in our sole discretion, determine that you fail, or we suspect that you have failed, to adhere to any term or provision of these Terms of Service, we retain the right to terminate this agreement at any time without prior notice. In such a case, you will remain accountable for all amounts owed up to and including the date of termination, and we may also deny you access to our Services (or any part thereof) accordingly.

SECTION 17 – ENTIRE AGREEMENT

The absence of action on our part to exercise or enforce any right or provision of these Terms of Service does not relinquish that right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or concerning The Service, establish the complete agreement and understanding between you and us, regulating your use of the Service. They replace any previous or simultaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service, along with any separate agreements through which we offer you Services, shall be governed by and construed in accordance with the laws of the United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

Feel free to check the most up-to-date version of the Terms of Service on this page anytime. We retain the right, at our discretion, to update, modify, or substitute any portion of these Terms of Service by posting revisions and changes on our website. It’s your responsibility to periodically review our website for any alterations. Your ongoing use of or access to our website or the Service subsequent to the posting of any modifications to these Terms of Service signifies your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

For any inquiries regarding the Terms of Service, kindly reach out to us at admin@nutritionalpeak.com