Terms & Conditions
Agreement to Our Legal Terms
We are Gulp Enterprises, Inc., operating under the name Gulp Vitamins ("Company," "we", "us", "our"), a registered company located at 2214 Wilson Ave, Salt Lake City, UT 84108, USA, Salt Lake City, UT 84108.
Our operations include the website https://www.gulpvitamins.com (the "Site"), as well as any other associated products and services linked to these legal terms (the "Legal Terms"), collectively referred to as the "Services".
These Legal Terms create a legally binding agreement between you and Gulp Enterprises, Inc., whether you are an individual or representing an entity ("you"), concerning your use of and access to the Services. By accessing the Services, you affirm that you have read, comprehended, and accepted all the provisions of these Legal Terms. If you do not agree with any part of these Legal Terms, your use of the Services is expressly prohibited, and you must immediately cease usage.
Supplementary terms and conditions or documents that may appear on the Services from time to time are explicitly incorporated into these Legal Terms by reference. We retain the right, at our sole discretion, to modify or amend these Legal Terms at any time and for any reason. Notification of any changes will be provided by updating the "Last updated" date of these Legal Terms, and you waive any entitlement to receive specific notifications for each modification. It is your responsibility to periodically review these Legal Terms to stay informed about any updates. Your continued use of the Services after the posting date of revised Legal Terms signifies your acceptance of those changes.
The Services are designed for users who are 18 years of age or older. Individuals under 18 years old are not authorized to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. Our Services
The information provided through the use of the Services is not intended for distribution or utilization by any individual or entity in any jurisdiction or country where such distribution or usage would contravene prevailing laws or regulations, or would impose upon us any obligation for registration within that particular jurisdiction or country. Consequently, individuals opting to access the Services from different locations do so at their own discretion and are exclusively accountable for adhering to local laws, should they be relevant. It's important to note that the Services are not customized to adhere to regulations specific to particular industries (such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA)), and therefore, if your interactions would be subjected to such regulations, you are advised not to use the Services. Moreover, the use of the Services must not infringe upon the stipulations of the Gramm-Leach-Bliley Act (GLBA).
Usage Of Our Website by Minors
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our web site must be made by adults 18 years of age or older, and all users who register with our Website must be 18 years of age or older or provide parental consent (see Privacy Policy).
No Medical Advise
You acknowledge and agree that Gulp Enterprises, Inc. does not, through the Website and the Services, provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Gulp Enterprises, Inc. does not evaluate the need to seek medical attention. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, or diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always consult your physician or other qualified healthcare provider before taking any medication or dietary supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. In addition, you should carefully read all labels and other information in the product packaging before using any product purchased from our Website. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. 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.
2. Intellectual Property Rights
Our intellectual property
We hold the ownership or licensing rights to all intellectual property encompassing our Services, which comprises the entirety of source code, databases, functionalities, software, website designs, audio, video, textual content, photographs, and visual graphics present within the Services (collectively referred to as the "Content"). Additionally, the trademarks, service marks, and logos integrated therein are also part of our intellectual property (the "Marks"). Our Content and Marks are fortified by copyright and trademark laws, along with various other intellectual property rights and laws related to unfair competition, both within the United States and internationally.
It is essential to recognize that the Content and Marks are made available within the Services exactly as they are, for your personal, non-commercial use exclusively.
Your use of our Services
Conditional upon your adherence to these Legal Terms, which includes observance of the "PROHIBITED ACTIVITIES" section detailed below, we confer upon you a non-exclusive, non-transferable, and revocable license, which allows you to:
Access the Services
Download or print a portion of the Content, as long as you have obtained rightful access.
This license is designated exclusively for your personal and non-commercial purposes.
With the exception of what's outlined in this segment or any other part of our Legal Terms, no facet of the Services, Content, or Marks may be duplicated, replicated, amalgamated, republished, uploaded, exhibited publicly, encoded, translated, transmitted, disseminated, sold, licensed, or employed for any commercial intentions without our explicit prior written consent.
Should you aspire to utilize the Services, Content, or Marks beyond the scope outlined in this section or any other area within our Legal Terms, we invite you to submit your request to: CustomerService@gulpvitamins.com. Should we ever extend you permission to publicize, reproduce, or publicly display any fragment of our Services, Content, or Marks, it is imperative that you attribute us as the proprietors or licensors of these elements. Furthermore, ensure that any copyright or proprietary notice is visibly present when you publicize, reproduce, or exhibit our Content.
All rights not explicitly granted to you concerning the Services, Content, and Marks are reserved by us.
Should there be any breach of these Intellectual Property Rights, such infringement will be considered a substantial violation of our Legal Terms, entailing immediate cessation of your entitlement to use our Services.
Your submissions
Before utilizing our Services, we urge you to meticulously assess both this section and the "PROHIBITED ACTIVITIES" section. This is essential in order to comprehensively comprehend: (a) the permissions you bestow upon us, and (b) the responsibilities you undertake while contributing or uploading any content via the Services.
Submissions: Should you choose to directly communicate with us by sending any query, commentary, suggestion, concept, feedback, or other information pertaining to the Services ("Submissions"), you thereby consent to transferring all intellectual property rights inherent in said Submission to us. You acknowledge that upon transmission, this Submission becomes our property, and we are vested with the right to utilize and disseminate it without any limitations for any lawful purpose, be it commercial or otherwise. This use or dissemination is undertaken without the obligation to acknowledge or compensate you.
You are responsible for what you post or upload: When you submit Submissions to us through any facet of the Services, you hereby:
affirm that you have read and concur with our "PROHIBITED ACTIVITIES" section, and therefore, you will refrain from posting, sending, publishing, uploading, or transmitting any Submission through the Services that may be deemed illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any individual or group, sexually explicit, false, inaccurate, misleading, or intended to deceive;
to the extent permitted by relevant law, relinquish any and all moral rights associated with any such Submission;
declare that any such Submission is either your original creation or that you possess the requisite rights and permissions to submit such Submissions, along with full authority to confer the aforementioned rights to us in connection with your Submissions; and
declare and assure that your Submissions do not comprise confidential information.
The full onus for your Submissions rests upon you, and you overtly consent to compensate us for any and all damages we might incur as a result of your breach of: (a) this section, (b) any third party's intellectual property rights, or (c) applicable laws.
3. User Representations
By utilizing the Services, you affirm and assure that: (1) all details you provide for registration will be accurate, truthful, up-to-date, and whole; (2) you will diligently uphold the precision of said information and swiftly update any modifications to your registration details as necessary; (3) you possess the legal capacity and are in accordance with these Legal Terms; (4) you are of legal age in your jurisdiction of residence; (5) you will not access the Services using automated or non-human methods, including bots or scripts; (6) you will not employ the Services for any illicit or unauthorized intentions; and (7) your utilization of the Services will not transgress any pertinent laws or regulations.
Should you provide any information that is false, inaccurate, outdated, or incomplete, we retain the right to suspend or terminate your account, and we reserve the prerogative to disallow any present or future utilization of the Services (or any fraction thereof).
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Products
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. Terms of Purchase
Subscription Enrollment
Gulp Vitamins offers an auto-renewing subscription service for the purchase of vitamins and nutritional supplements via our Websites ("Sites"). Upon subscribing to the service, you will receive a package from Gulp Vitamins containing a 30-day supply of the items specified in your subscription approximately every month. Your subscription will automatically renew, and you will continue to be charged at regular intervals until you decide to cancel. Comprehensive details about your order and the Gulp Vitamins subscription service can be accessed by logging into the Sites and reviewing your Account information.
Automatic Renewal
Payments are processed using various online methods, including credit cards, debit cards, or other available online payment options (e.g., PayPal) ("Payment Method"). The charges for each shipment will be applied to the Payment Method used during the creation of your Account and subscription enrollment, or as otherwise specified by you. By subscribing, you grant Gulp Vitamins or its third-party payment processor the authority to securely store your Payment Method and to automatically initiate recurring charges without the need for individual notifications until you choose to terminate the subscription. In the event that the primary Payment Method linked to your Account encounters a failure, you authorize Gulp Vitamins or its third-party payment processor to use any alternative Payment Method provided within your Account, or to reach out to you for Payment Method updates. Should you fail to provide an alternative Payment Method or update your information, resulting in payment failure for all associated Payment Methods, your subscription will be canceled.
Ongoing Subscription: Your subscription order will be automatically shipped, and your designated Payment Method will be charged at regular intervals for each 30-day supply of items in your subscription, until such time as you opt to cancel. The total charge applied to your Payment Method for each subscription order will encompass the combined cost of the items in your order as of the invoicing date, alongside applicable taxes and shipping fees. The actual charge for each shipment might vary based on the quantity of items included in your order. You recognize and agree that Gulp Vitamins is authorized to initiate automatic recurring payments without obtaining additional authorization from you.
Currency and Price Variation: Subscription rates are denominated in U.S. Dollars. In case you are utilizing a different currency, the actual amount charged may fluctuate due to currency exchange rate variations, without prior notification. Subscription expenses are generally non-refundable, unless stipulated otherwise by pertinent legal regulations. It's important to note that no compensation or refund shall be granted for unused items within your subscription. Gulp Vitamins reserves the discretion to modify the price of any item featured in your subscription at any point, with reasonable advance notice provided to you. In the event of such a price adjustment, you will have the option to cancel your subscription should you not wish to continue at the revised price.
Subscription Commencement and Authorization: By enrolling in the subscription service, you explicitly acknowledge and consent to the following: (A) Initiation of a subscription service with an automatic monthly renewal feature, continuing until you choose to cancel or unless we suspend or terminate access to the Sites or products as per these Terms, and (B) Authorization for Gulp Vitamins (or our third-party payment processor) to automatically charge your Payment Method for the total value of items in your subscription on the invoicing date (inclusive of any applicable taxes and additional charges) until you decide to cancel. You further acknowledge that Gulp Vitamins is authorized to carry out automatic, recurring charges without requiring additional consent from you. Additionally, you have the flexibility to skip recurring subscription orders as frequently as you wish by managing your delivery schedule on the 'Change Order Date' section within your online Account.
Subscription Management and Notifications: Following subscription enrollment, you will receive a confirmation email detailing your subscription. This email will provide a link to access your online Account, where you can oversee future orders, subscription items, and subscription-related information. Even if the confirmation email is deleted, you can always access your subscription settings by logging into your online Account.
Modification and Cancellation Policy
Unless you choose to defer your order as indicated in the latter part of this paragraph, you will receive an email notification roughly three (3) days prior to the invoicing of subsequent subscription orders, informing you of the impending charges. It is necessary to make any changes or cancellations before the subscription order is invoiced. The following timeline applies: Once you receive a notice about forthcoming charges (subject to the disclaimer below), you must take action within forty-eight (48) hours of receipt if you wish to effect changes or cancellation before the automatic invoicing of your next subscription order. Please note that any changes or cancellations made in your online Account after an invoice has been generated will not impact any outstanding subscription orders.
Furthermore, we disclaim any responsibility or liability for email delivery failures, email bouncebacks, incorrect email addresses linked to your Account, or any other reasons leading to email non-delivery. If you choose to defer your order and opt for a custom invoice date, you will receive an order deferral email containing details about the deadline for changes or cancellations.
Payment and Billing Details
Upon providing a credit card or any other accepted payment method, you assert and guarantee that you possess the requisite authorization to employ the designated payment method. Furthermore, you grant us (or our designated third-party payment processor) permission to charge the specified payment method for the complete value of your subscription or other acquisition, encompassing all relevant charges and taxes (collectively referred to, as applicable, as an "Order"). In the event that the verification of your payment method fails, or the method is deemed invalid or unacceptable for any reason, your Order might be put on hold or cancelled. It is incumbent upon you to resolve any issues encountered in order to proceed with the completion of your Order. If you wish to modify or update the payment particulars associated with your Persona Account, you are at liberty to do so at any juncture by accessing your Account and modifying the payment information.
You recognize that the invoiced amount could fluctuate due to promotional offerings, adjustments to your subscription, or alterations in applicable taxes and other charges. With your authorization, we (or our designated third-party payment processor) are entitled to charge the corresponding sum to your payment method, aligning with these variations.
Pricing and Availability
All prices are displayed in U.S. Dollars and do not include applicable taxes and additional charges, if any. We have the discretion to adjust prices at any time without prior notice. However, if there are changes in the pricing associated with the items in your subscription, we will notify you in advance and provide the option to cancel. If you disagree with a price change, you can reject it by canceling your subscription before the next order invoice date, as outlined in the Cancellation Policy. Make sure to carefully read any notifications regarding price changes. By accepting the shipment of Products after receiving the notice, you confirm your acceptance of the changes, unless you cancel your subscription in accordance with the Cancellation Policy before the shipment.
Availability of our Products is subject to change, and we reserve the right to place quantity limits on any Order, reject all or part of an Order, discontinue certain Products, and make substitutions (including specific ingredients or entire items) without prior notice. While we persist in our efforts to furnish you with superior quality Products, the necessity to implement substitutions may arise periodically. If you are unsatisfied with a substitution, please contact us at CustomerService@gulpvitamins.com.
Taxes
Applicable sales tax will be gathered for Products sent to any jurisdiction in which we are obligated to collect sales tax. In the event that an item incurs sales tax, you hereby consent to potential adjustments in the tax amount displayed during checkout. Various factors, including differences in processor programs and alterations in tax rates, could lead to these adjustments. Regrettably, we won't be able to inform you regarding changes in relevant taxes.
Free Trials and Promotional Offers
Occasionally and within the limits allowed by law, we might present free trial and opportunities for specific subscription offerings. Usage of any free trials or promotions granted by Gulp Vitamins to specific users for accessing Gulp Vitamins Services is restricted to the specified timeframe outlined in the trial or promotion offer's terms.
Once your free trial or promotional period concludes, we (or our third-party payment processor) will initiate regular billing cycles on your designated payment method for the continuation of your subscription (along with any relevant taxes and additional fees), and this billing will persist for the duration of your subscription, unless you take action to cancel before your free trial expires. You can find instructions for canceling your subscription in section 6.3 above. Kindly be aware that you will not receive a notice from us alerting you to the conclusion of your free trial and its transition into a paid subscription, unless you proactively cancel according to the procedure outlined in the "cancellation policy" section above. we maintain the right to amend or terminate free trials at any time, while providing advance notice to you and exercising our sole discretion.
Should you find yourself unintentionally charged a fee for a free trial or promotion, kindly reach out to Gulp Vitamins Customer Service for resolution by emailing: CustomerService@gulpvitamins.com
Delivery
Please inspect all products you receive from us for any damage or issues upon delivery. If you are not available at the time of delivery, the courier will typically leave the package at your doorstep or in your mailbox. It is important to note that anyone at the delivery address who accepts the package is assumed to be authorized to receive it.
In situations where adverse weather conditions or unforeseen circumstances hinder our delivery process, we will make every effort to deliver your order as promptly as possible. Occasionally, delivery may take place earlier than the scheduled date. If there is a significant delay in delivering your order, we reserve the right to cancel it and provide you with a credit or refund of the purchase price.
Return & Refund Policy
Should your product not meet your expectations, we're here to assist. Within 60 days of placing your first order with us, you can request a refund of your payment (excluding any relevant shipping fees). To proceed with a refund, kindly get in touch with us by email at CustomerService@gulpvitamins.com. In this e-mail, please include your name, your order number, the date of your purchase and your address.
In some cases, we might request the return of the product or photographic evidence of the issue before proceeding with a replacement, credit, or refund. Please note that if you fail to contact us within 60 days of your initial order, we will not be able to process any refunds, credits, or replacements for your product. Unauthorized returns will not be eligible for credit or replacement, regardless of the situation. It's important to understand that we are not accountable for the accuracy of the address provided during checkout. Consequently, we are unable to process returns, refunds, or replacement orders for address errors.
Kindly allow 5 to 7 business days for the processing of your refund. The refund will be directed to the original payment method you supplied during the time of purchase. Should you have opted for a replacement product, anticipate a delivery time of 7 to 10 business days. It's important to acknowledge that due to item availability, certain replacements might experience delays or necessitate a change to a refund.
7. Prohibited Activities
Your use of the Services must align with their intended purpose, as made available by us. Commercial activities, unless expressly endorsed by us, are not permitted. As a user of the Services, you agree not to:
Systematically gather data or content from the Services to create collections, compilations, databases, or directories without obtaining written permission from us.
Attempt to deceive or defraud us or other users, especially in any attempt to gain access to sensitive account information such as user passwords.
Circumvent, disable, or interfere with security features of the Services, including those that prevent copying of Content or enforce usage restrictions.
Harm our reputation or that of the Services through disparagement or other means.
Use information obtained from the Services to harass, abuse, or harm others.
Misuse our support services or submit false reports.
Violate applicable laws or regulations while using the Services.
Engage in unauthorized framing or linking to the Services.
Upload or transmit viruses, Trojan horses, or other disruptive material.
Employ automated systems for improper purposes, such as data mining or automated commenting.
Remove copyright or proprietary rights notices from Content.
Attempt to impersonate another user or person.
Transmit material that serves as a passive or active information collection mechanism.
Disrupt the Services or connected networks, or harass our employees or agents.
Attempt to bypass measures designed to restrict access to the Services.
Copy, adapt, decompile, or reverse engineer the Services' software.
Launch or distribute unauthorized scripts or software.
Use buying agents to make purchases on the Services.
Engage in unauthorized use of the Services, including unsolicited email or automated account creation.
Use the Services to compete with us or for revenue-generating activities.
Advertise or offer goods and services through the Services.
Sell or transfer your profile to others.
Using the Products for commercial purposes, including resale.
8. User Provided Content & Contributions
The Sites may grant you the opportunity to craft, submit, publish, display, transmit, distribute, or broadcast content and materials to us or via the Services. Such content could encompass a wide range, including text, videos, audio, photographs, graphics, comments, suggestions, personal information, and more (collectively termed as "Contributions"). Keep in mind that Contributions may be visible to other users of the Services and even on third-party platforms.
Consequently, any Contributions you convey will be subject to the provisions outlined in the Services' Privacy Policy.
In generating or making available any Contributions, you affirm and guarantee that:
The creation, distribution, transmission, public display, performance, as well as the accessing, downloading, or copying of your Contributions, does not and will not violate the intellectual property rights of any third party, including but not limited to copyright, patents, trademarks, trade secrets, or moral rights.
You either hold ownership of your Contributions or possess the necessary licenses, rights, consents, releases, and permissions to both use and authorize us, along with other users of the Services, to use your Contributions in ways specified by the Services and these Legal Terms.
You have obtained written consent, releases, and/or permissions from every identifiable individual person featured in your Contributions to use their name or likeness, enabling the inclusion and utilization of your Contributions in line with the Services and these Legal Terms.
Your Contributions are factual, precise, and not misleading.
Your Contributions are not unsolicited or unauthorized promotions, advertisements, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
Your Contributions are devoid of obscenity, vulgarity, violence, harassment, libel, slander, or any content deemed objectionable by us.
Your Contributions do not demean, ridicule, mock, threaten, or abuse any individual.
Your Contributions do not breach any applicable law, regulation, or rule.
Your Contributions do not infringe on the privacy or publicity rights of any third party.
Your Contributions do not involve any content associated with child pornography or intended to jeopardize the well-being of minors.
Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical disability.
Your Contributions do not violate these Legal Terms, any applicable law or regulation, or link to materials that do so.
Remember, any violation of the above guidelines constitutes a breach of these Legal Terms and may lead to consequences such as suspension or termination of your access to the Services.
9. Date Usage & Feedback
Both you and the Services acknowledge that we may access, store, process, and utilize any information and personal data you provide, adhering to the conditions stipulated in the Privacy Policy and your chosen preferences (including settings). Should you submit suggestions or other feedback pertaining to the Services, you consent to our ability to employ and distribute such feedback for any purpose, without entailing compensation to you. We do not claim ownership over your Contributions. You retain complete ownership of your Contributions, along with any intellectual property rights or other proprietary rights tied to them. We hold no responsibility for the content or representations in your Contributions, wherever they are placed within the Services.
Your Contributions to the Services fall solely under your responsibility, and you explicitly agree to release us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
10. Guidelines for Reviews & Ratings
Within the Services, we may offer you designated areas to share reviews or ratings. When you choose to post a review, you must adhere to the following guidelines:
You should have personal experience with the individual or entity being reviewed.
Your reviews must avoid offensive profanity or any form of abusive, racist, offensive, or hateful language.
Reviews must not contain references that discriminate based on factors such as religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Avoid referencing illegal activities in your reviews.
Negative reviews should not originate from affiliations with competitors.
Conclusions about the legality of conduct should not be drawn.
False or misleading statements are prohibited in your reviews.
Organizing campaigns to encourage others to post reviews, whether positive or negative, is not allowed.
We retain the right to accept, reject, or remove reviews at our sole discretion. It is important to acknowledge that we hold no obligation to pre-screen reviews or to delete them, even if certain individuals find them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or those of our affiliates or partners. We cannot be held liable for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant us an everlasting, non-exclusive, worldwide, royalty-free, fully compensated, assignable, and sublicensable right and license to reproduce, modify, translate, transmit through any medium, display, perform, and/or distribute all content associated with your review.
11. Third-Party Links & Content
The Services might incorporate links to other websites ("Third-Party Websites") or present you with articles, photographs, text, graphics, designs, music, sound, videos, applications, software, and other materials originating from third parties ("Third-Party Content"). It's important to note that such Third-Party Websites and Third-Party Content are not subjected to our scrutiny, monitoring, or validation for accuracy, appropriateness, or comprehensiveness. Consequently, we cannot assume responsibility for any Third-Party Websites accessed via the Services or any Third-Party Content available, posted, or installed from the Services. This pertains to matters such as content accuracy, offensiveness, opinions, reliability, privacy practices, and other policies inherent to or contained within the Third-Party Websites or Third-Party Content.
Inclusion, linking, or authorization of any Third-Party Websites or Third-Party Content should not be construed as an endorsement or approval on our part. If you opt to exit the Services to access Third-Party Websites or engage with Third-Party Content, you undertake this at your own risk. It's crucial to understand that these Legal Terms cease to govern in such scenarios. You are advised to review the applicable terms and policies, encompassing privacy and data collection practices, of any website you visit subsequent to leaving the Services or in connection with any applications you employ or install from the Services.
Purchases conducted through Third-Party Websites are facilitated via separate websites and entities, and we assume no responsibility whatsoever concerning such transactions. Such transactions are exclusively between you and the relevant third party. You hereby acknowledge that we do not endorse the products or services presented on Third-Party Websites and shall hold us harmless from any repercussions stemming from your acquisition of such products or services. Moreover, you release us from any losses or harm you experience in connection with, or as a result of, any Third-Party Content or any interactions with Third-Party Websites.
12. Our Rights & Actions
We retain the right, though not the obligation, to undertake the following actions:
Monitor the Services for instances of violations pertaining to these Legal Terms.
Initiate appropriate legal measures against any individual who, according to our sole judgment, contravenes the law or these Legal Terms. This could encompass reporting such users to law enforcement authorities.
Exercise our sole discretion to refuse, curtail access to, restrict the availability of, or deactivate (to the extent technically feasible) any of your Contributions or any relevant segments thereof.
At our sole discretion and without limitations, give notice or take action to remove from the Services or otherwise disable files and content that exceed reasonable size or exert undue strain on our systems.
Employ actions, without any notice or liability, to manage the Services in a manner intended to safeguard our rights and assets, as well as promote the effective operation of the Services.
13. Data Privacy & Security
Safeguarding data privacy and security is of paramount importance to us. We encourage you to thoroughly review our Privacy Policy by visiting: https://www.gulpvitamins.com/privacy-policy. When you engage with the Services, you are affirming your agreement to adhere to our Privacy Policy, which forms an integral part of these Legal Terms. It's crucial to understand that the Services are hosted within the United States.
If you are accessing the Services from a region outside of the United States, where laws or regulations regarding the collection, use, or disclosure of personal data differ from those in the United States, please be aware that your continued utilization of the Services involves the transfer of your data to the United States.
By choosing to continue using the Services, you are expressly providing your consent for your data to be transferred to and processed within the United States.
14. Duration & Termination
These Legal Terms shall remain fully effective throughout your use of the Services.
While we maintain the ability to block certain IP addresses, deny access to the Services, and restrict use for any individual, this decision rests solely within our discretion. Such actions may occur without prior notice or the assumption of liability. These measures could be invoked for any reason or for no reason, including but not limited to breach of any representation, warranty, covenant within these Legal Terms, or violation of applicable laws or regulations.
We retain the authority to terminate your participation in the Services, delete your account, and remove any associated content or information posted by you, all without any advance warning, based on our sole discretion.
Should your account be terminated or suspended for any reason, it is strictly prohibited for you to re-register or establish a new account using your own name, a fictitious identity, or the identity of any third party, regardless of whether you are acting on behalf of that third party.
In conjunction with suspending or terminating your account, we reserve the right to pursue suitable legal actions, which may include civil, criminal, and injunctive remedies.
15. Modifications & Interruptions
We retain the prerogative to alter, amend, or eliminate the content within the Services, exercising this right at our sole discretion and without prior notice. However, we bear no obligation to update information found on our Services. Similarly, we possess the authority to modify or terminate all or part of the Services, also without prior notice. Any such changes, modifications, or discontinuations will not result in liability to you or any third party, whether for alterations in features, pricing, suspension, or discontinuation of the Services.
It is important to note that we cannot guarantee uninterrupted availability of the Services at all times. Instances of hardware, software, or other issues, or the need for maintenance relating to the Services, may lead to interruptions, delays, or errors. We hold the right to revise, update, suspend, discontinue, or otherwise modify the Services, without necessitating prior notice to you, at any time and for any reason.
You acknowledge and agree that we bear no liability whatsoever for any loss, damage, or inconvenience resulting from your inability to access or utilize the Services during periods of downtime or discontinuation. The stipulations within these Legal Terms should not be construed to impose an obligation on us to sustain or support the Services, nor to provide any corrections, updates, or releases in connection therewith.
16. Applicable Laws & Jurisdiction
These Legal Terms, alongside your utilization of the Services, are subject to interpretation and enforcement in accordance with the laws of the State of Utah. This applies to agreements formed and activities carried out entirely within the geographical bounds of the State of Utah, without consideration of its principles concerning conflicts of law.
17. Arbitration & Disputer Resolution
In the event that informal negotiations fail to resolve a dispute (except for disputes expressly excluded below), the resolution of the dispute will be exclusively achieved through binding arbitration. PLEASE NOTE: WITHOUT THIS PROVISION, YOU WOULD RETAIN THE RIGHT TO INITIATE A COURT LAWSUIT AND RECEIVE A JURY TRIAL. This arbitration process will be initiated and conducted according to the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), alongside the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both accessible on the American Arbitration Association (AAA) website. The allocation of arbitration fees and compensation for the arbitrator will adhere to the AAA Consumer Rules, and in specific instances, will be limited by these rules. In case the arbitrator deems these costs excessive, we will cover all arbitration fees and costs. The arbitration may be conducted through various means, including in-person proceedings, document submission, phone hearings, or online platforms. The arbitrator's decision will be provided in writing, unless either Party requests a statement of reasons. The arbitrator must comply with relevant legal standards, and any award can be contested if the arbitrator fails to do so.
Except where dictated otherwise by applicable AAA rules or pertinent law, the arbitration will take place in Salt Lake, Utah. Except as stipulated herein, Parties may engage in litigation in court to compel arbitration, halt proceedings pending arbitration, or confirm, modify, vacate, or enact judgment on the arbitrator's decision.
If, for any reason, a dispute is pursued in court instead of arbitration, the dispute shall be initiated or litigated in the state and federal courts situated in Salt Lake, Utah. The Parties hereby give consent and waive any objections related to the absence of personal jurisdiction and forum non conveniens concerning venue and jurisdiction in the mentioned state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is not applicable within these Legal Terms.
If this clause is deemed illegal or unenforceable, neither Party will opt for arbitration in any dispute that falls under the section deemed illegal or unenforceable. Instead, the dispute will be resolved by a competent court as listed in the jurisdiction above. Both Parties consent to the personal jurisdiction of that court.
Restrictions
The Parties concur that arbitration is limited solely to the individual dispute between the Parties. To the fullest extent allowed by law: (a) no arbitration can be merged with any other proceeding; (b) there is no entitlement for any dispute to undergo arbitration on a class-action basis or use class action procedures; and (c) there is no right or authority for any dispute to be brought in a claimed representative capacity on behalf of the general public or any other individuals.
Exceptions to Arbitration
The Parties acknowledge that the following disputes are excluded from the provisions regarding binding arbitration: (a) disputes involving the enforcement, protection, or validity of any Party's intellectual property rights; (b) disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims seeking injunctive relief. If this provision is rendered illegal or unenforceable, neither Party will select arbitration for any dispute that falls within the portion of this provision deemed illegal or unenforceable. Instead, the dispute will be resolved by a competent court as listed in the jurisdiction above. Both Parties consent to the personal jurisdiction of that court.
18. Accuracy & Corrections
Information present on the Services might occasionally include typographical errors, inaccuracies, or omissions. These could encompass details such as descriptions, pricing, availability, and other information. We retain the authority to rectify any errors, inaccuracies, or omissions and to modify or refresh the information featured on the Services. This prerogative exists without any necessity for prior notice.
19. Disclaimer of Warranties & Limitation of Liability
The Services are provided on an "as-is" and "as-available" basis. You acknowledge that your utilization of the Services is solely at your own risk. To the maximum extent permissible by law, we disclaim all warranties, whether express or implied, pertaining to the Services and your engagement with them. These encompass, but are not limited to, the implied warranties of merchantability, fitness for a specific purpose, and non-infringement.
We neither warrant nor represent the accuracy or entirety of the content within the Services or the content presented on linked websites or mobile applications. Furthermore, we accept no responsibility for any of the following:
Errors, inaccuracies, or mistakes in content and materials.
Personal injury or property damage resulting from your use of the Services.
Unauthorized access to or utilization of our secure servers, including personal and financial data stored therein.
Interruptions or discontinuations of transmission to or from the Services.
Bugs, viruses, trojan horses, or similar malicious content transmitted through the Services by third parties.
Errors or omissions in content and materials or any loss or damage arising from the use of content posted, transmitted, or made accessible via the Services.
We do not warrant, endorse, guarantee, or take responsibility for any products or services advertised or provided by third parties through the Services, linked websites, or any banner or advertising. We shall not be a party to, or in any manner be accountable for, any transactions conducted between you and third-party providers of products or services. Just as you would exercise caution and employ discernment when purchasing a product or service through any medium, we recommend the same approach in your use of the Services.
In no event shall we be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from your use or inability to use the Services, including but not limited to any loss of profits, business, goodwill, data, or other intangible losses. This applies regardless of whether we have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose.
Your Responsibility and Best Judgment
While engaging with the Services, it's paramount that you exercise your own best judgment and exercise caution where deemed necessary. As is the case when acquiring products or services through any channel or environment, your discretion should guide your decisions.
20. Limitations of Liability
Neither we nor our directors, employees, or agents shall be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. These include but are not limited to lost profits, lost revenue, loss of data, or any other damages arising from your use of the Services, even if we have been made aware of the potential for such damages.
Notwithstanding any contrary provision herein, our liability to you for any cause whatsoever, regardless of the form of action, shall always be restricted to the lesser of the amount paid, if any, by you to us, or [specified amount or measure].
Certain laws of specific U.S. states and international jurisdictions may not permit limitations on implied warranties or the exclusion or limitation of particular damages. If these laws are applicable to you, some or all of the aforementioned disclaimers or limitations might not apply to you. Your legal rights may entail additional entitlements beyond those stipulated here.
21. Indemnification & Defense
You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, harmless against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, originating from or related to:
Your use of the Services.
Your breach of these Legal Terms.
Any breach of the representations and warranties you've made within these Legal Terms.
Violation of the rights of a third party, including but not limited to intellectual property rights.
Any harmful action directed towards another user of the Services with whom you connected via the Services.
However, we reserve the right to take control of the defense of any matter requiring indemnification from you, at your expense. In such cases, you agree to cooperate with us in our defense efforts. We will make reasonable attempts to inform you about any claims, actions, or proceedings that fall under this indemnification clause once we become aware of them.
22. Data Management
We will retain specific data that you transmit to the Services to facilitate the effective functioning of the Services, as well as data pertaining to your utilization of the Services. While we regularly perform routine data backups, you bear sole responsibility for all data that you transmit or that relates to any activity you engage in using the Services. By agreeing to these terms, you acknowledge and agree that we shall not be held liable to you for any loss or corruption of such data. Furthermore, you hereby waive any right to take legal action against us arising from any such loss or corruption of data.
23. Electronic Communications & Consent
By visiting the Services, sending us emails, and completing online forms, you engage in electronic communications. You hereby grant your consent to receive electronic communications from us, and you acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically, whether via email or on the Services, fulfill any legal obligation for such communication to be in writing. Through your acceptance of these terms, you also indicate your agreement to the use of electronic signatures, contracts, orders, and other records, as well as to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services.
You hereby relinquish any rights or requirements stipulated by statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature or the delivery or retention of non-electronic records, or that mandate payments or the granting of credits to occur through means other than electronic methods.
24. California Users & Residents
If you find that any complaint with us remains unresolved to your satisfaction, you have the option to reach out to the Complaint Assistance Unit of the Division of Consumer Services within the California Department of Consumer Affairs. You can address your concerns in writing to 1625 North Market Blvd., Suite N 112, Sacramento, California 95834. Alternatively, you may contact them by telephone at (800) 952-5210 or (916) 445-1254.
25. Miscellaneous
These Legal Terms, along with any policies or operating rules we post on the Services, constitute the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be interpreted as a waiver of such right or provision. These Legal Terms are valid to the fullest extent allowed by law. We retain the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is deemed unlawful, void, or unenforceable, that specific provision or part is considered separate from these Legal Terms and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is established between you and us due to these Legal Terms or your use of the Services. You acknowledge that these Legal Terms will not be interpreted against us solely because we drafted them. By using the Services, you waive any defenses based on the electronic form of these Legal Terms and the absence of physical signatures from the parties involved in executing these Legal Terms.
26. Contact Us
To address a complaint about the Services or to obtain more information about using the Services, please reach out to us at: Gulp Enterprises, Inc. 2214 Wilson Ave, Salt Lake City, UT 84108, USA Salt Lake City, UT 84108 United States Email: CustomerService@gulpvitamins.com