Terms & Conditions

Please read these website Terms of Use ("Terms") carefully before using this website, including any of the discussion forums available on this website (each a "Forum") (collectively, this website and the Forums are referred to hereafter as the "Site").

 

Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site or Company's (as hereinafter defined) products and services.

 

Introduction 

This Site is owned and operated by TheKickDrink.net, LLC ("Company", "we", "our" or "us"). Company reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting of the Terms. You thus should visit this page periodically for changes. This Site is continually under development and changes to this Site may be made at any time. Any changes to the Terms are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted by Company constitutes your acceptance of such change. As such these Terms shall be considered legally binding and shall govern your use of the Site, as well as your purchase of any Company products.

 

Use of Services 

Company may provide certain services through the Site or other websites controlled by Company. Such services may require that you agree to additional terms and conditions applicable to such services. Those terms and conditions will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those terms relate.

 

Audience 

This Site is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. By using this Site, you affirm that you are over the age of 13. Company does not seek through this Site to gather personal information from or about children under the age of 13.

 

Any persons aged 13-17 must only use the Site and Company's products and services if under the close supervision and direct involvement of a parent or guardian.

 

Information Disclaimer 

Any and all information included on this Site is intended as general information, but should not be construed as medical advice, healthcare advice, legal advice, nor should it be used to diagnose, treat or address any medical or health problem. The information furnished on the Site should never replace, substitute or supplement the advice and services of a qualified healthcare professional, physician, or other medical practitioner. Before using any of the products or services of Company, you should consult with your physician or qualified medical practitioner.

 

Notice of Contact Information

If you should have any questions or concerns regarding the arrangements of the Terms, or should wish to speak to a representative of Company for any reason, please contact us at any of the following: support@thekickdrink.net

Phone Numer

Address

 

Site Protection

You must exercise caution, good sense and sound judgment in using the Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Company will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

 

Additionally, by using this Site, you agree to maintain and support the security and stability of the site. For this reason, you must make no attempt to disrupt or interfere with any and all site security measures. You must refrain from interrupting or altering the functioning of site services, system resources, accounts, servers, email accounts, service providers, or networks that are connected with the Site, linked sites. You must not attempt to access portions of the site that are not intended for general access, nor should you attempt to access the personal account of any other users.

 

Site Changes

Company reserves the right at any time and for any reason to modify, discontinue, or suspend the operation or content of the Site, or any part thereof, temporarily or permanently, including user accounts, including the availability of products and services purchased by user. You agree that Company will not be liable for any consequences, intended or unintended, of such changes. Any modifications of the Site's content, products, prices, or other information that is not authorized or approved by a current employee or contractor of Company shall not be considered authoritative, nor shall Company be held liable for such unauthorized information.

 

Other Web Site Links 

This Site may provide links to other sites and/or resources, including advertisers ("Third Party Websites"). Company has no control over these sites and/or these companies. Such links are provided solely as a convenience to users, and such links to other companies that are included on the Site should not be construed as an endorsement, affiliation, or approval by Company of the site or company's content, products, or services. You agree to access and utilize any Third Party Websites at your own risk. Company shall not be held responsible or liable for the availability of any and all links to Third Party Websites, including the content, advertising, products, services, or other materials available through such sites. Upon entering a Third Party Website, you shall be subject to any applicable governing terms of such Third party Websites. Please review the terms of the Third Party Websites before proceeding to use them.

 

Copyright Information

All information available on the Site is protected by copyright. User acknowledges that all content available on the Site including without limitation content in the form of text, graphics, software, music, sound, photographs, trade names, trademarks, URLs, videos, code, metadata, as well as content provided by suppliers, sponsors, or third-party advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Company herein, none of the content on the Site may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any other means, including but not limited to, electronic, mechanical, photocopying, video recording, audio recording, other recording of any kind, or otherwise in any form, without the prior written permission of Company.

 

You may not copy, reprint, modify, distribute, or sell content retrieved from the Site in any way, including for any commercial use, nor provide such content to any commercial source or not-for-profit entity, regardless of whether or not compensation for such services are provided, without the prior written permission of Company.

 

Nothing contained in the Terms or on the Site shall be construed as conferring any right or license, expressly, by implication, by estoppel, or otherwise, in any of Company's intellectual property rights. Any rights not expressly granted herein are reserved. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Company.

 

Trademarks

All trademarks, logos, trade names and proprietary information of Company may not be copied, imitated, or used in whole or in part without the prior written permission of Company. None of the content of the site may be copied, imitated, or used in whole or in part without the prior written permission of Company. Furthermore, you may not use or display any other trademarks displayed on the Site in any form without the proper permission from the respective owners thereof.

 

Use of Products, Services, and Information

Company assumes no responsibility for the consequences or results of any action or inaction you may take, relating to the products or services of Company or the information or content on the Site. Company furnishes users with products, services, and information that are considered to be safe, reliable, and accurate, but shall not be held responsible for any damage or loss related to the use of such products, services, or information.

 

Notice and Procedure for Making Claims of Copyright or other Intellectual Property Infringements 

Company respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. We therefore employ measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:

 

[contact information]

 

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works; Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.

 

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNER, OR BY ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

 

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS TO THE CONTACT LISTED ABOVE.

 

Indemnification

User agrees to indemnify and hold harmless Company, its parents, subsidiaries, directors, officers, employees, agents, suppliers, affiliates, and contractors from and against any and all claims, actions, demands, losses, damages, disputes, and costs of any kind, including without limitation any attorneys' fees and costs related to litigation, resulting from or in any way connected with the use of this Site, information you submit or transfer through the Site, your violation of these Terms, and your connection with this Site.

 

Order and Payment Information

Orders will be accepted only if there are no material errors in the description of the goods, services or prices as advertised on the Site. Descriptions of or references to products not marketed, owned, or sold by Company on or outside of the Site do not imply endorsement or affiliation with that product or company.

 

Placement of an order does not assure that Company has accepted your order. We may require additional information or confirmation regarding the order and/or the payment information. Only after a completed order is received and your payment is authorized, will the product be eligible for shipment. Company conditions the acceptance of your orders based on your acceptance of the Terms. Company reserves the right, without prior notice, to discontinue or change the specifications and/or prices of the products offered on or outside the Site without incurring any obligation.

 

When placing orders, you must provide only true, accurate, current, and complete information. Use of any email addresses in the course of ordering and/or Site membership implies that the email address is registered to you. Company may cancel orders, or bar access to the use of the Site and/or products and services, for any or no reason. Company does not accept orders from dealers, wholesalers, or any customers who intend to resell items offered on the Site. You acknowledge and agree that resale of any products and/or services offered on the Site is strictly prohibited.

 

Shipping and Handling 

Company will add applicable shipping and handling fees to any orders, based on the need, occasion, and current shipping and handling rates. Company is not liable for any loss, damage, cost, or expense related to shipment issues. All shipments are processed at Company's earliest convenience, and any shipment information, arrival date, or delivery date provided is a good faith estimate, and should not be construed as a binding obligation upon Company.

 

All orders placed on or purchased from the Site are delivered to shipment carriers. Company shall not be held responsible for the loss or delay of any items, as the responsibility for shipment of items is transferred exclusively to the carrier.

 

INTERNATIONAL SHIPPING

By ordering goods from TheKickDrink.net destined to EU-member states specifically, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the destination EU-member state and are solely responsible for the payment of duties, and taxes at the time of importation. You hereby give a proxy or power of attorney (“POA”) to eSupplements.com’s designated shipping provider for the customs clearance of products ordered by you. This POA authorizes eSupplements.com’s designated shipping provider’s assigned customs broker to act on behalf of you. eSupplements.com’s designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by eSupplements.com’s designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from eSupplements.com and transportation conditions from eSupplements.com’s designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them.

 

Limitations of Liability 

USER EXPRESSLY UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS TRANSMITTED ON THE SITE; (5) WITHOUT LIMITATION ANY DAMAGES, WHETHER OR NOT REASONABLY FORSEEABLE, EVEN IF COMPANY OR COMPANY REPRESENTATIVES ARE INFORMED OR ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS, VIRUSES, OR ANY OTHER HARMFUL DATA. COMPANY DOES NOT WARRANT NOR GUARANTEE THAT ACCESS TO SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY POSSIBLE DEFECTS WILL BE CORRECTED. ALTHOUGH COMPANY STRIVES FOR COMPLETE PROTECTION OF CONFIDENTIAL INFORMATION, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION THAT CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED ON SITE WILL BE MAINTAINED. COMPANY'S LIABILITY FOR PAYMENT TO YOU, FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU AND RECEIVED BY COMPANY, IF ANY, WITHIN THE 60 DAYS PRECEDING THE DATE IN WHICH YOUR CLAIM AND/OR CAUSE OF ACTION FIRST BECOMES KNOWN TO COMPANY.

 

COMPANY WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THE TERMS, IF SUCH FAILURE OR DAMAGE IS CAUSED BY THE OCCURRENCE OF ANY UNFORSEEN CONTINGENCY BEYOND ITS REASONALBE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET OUTAGES, POWER OUTAGES, COMMUNICATION OUTAGES, STRIKES, WAR, AND ACTS OF GOD.

 

THE TERMS OF THIS SECTION SURVIVE ANY TERMINATION OF THE TERMS.

 

Disclaimer of Warranties 

THE SITE IS HEREBY PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

 

COMPANY MAKES NO CLAIMS, GUARANTEES, OR REPRESENTATIONS THAT THE SITE WILL MEET ALL USER REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, TIMELY, OR FREE OF DEFECT. COMPANY MAKES NO CLAIMS, WARRANTIES, OR GUARANTEES AS TO THE RELIABILITY, ACCURACY, OR QUALITY OF THE INFORMATION CONTAINED ON THE SITE.

 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AND ALL MATERIALS, INFORMATION, IMAGES, AUDIO, FILES, DATA, OR ANY OTHER ELECTRONIC COMMUNICATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SITE, INCLUDING LOSS OF DATA, FAILURE OF COMPUTER SYSTEM, INTRODUCTION OF A VIRUS TO NETWORK OR HARD DRIVE, OR ANY OTHER ISSUES.

 

NO ADVICE, INFORMATION, GUARANTEE, STATEMENT OF WARRANTY, OR COUNSEL, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY THROUGH THE SITE SHALL CREATE ANY WARRANTY WHATSOEVER. THE TERMS OF THIS SECTION SURVIVE ANY TERMINATION OF THE TERMS.

 

 Limitations of Legal Actions Filed against Company

You agree that any claim or cause of action arising from use of the Site and/or products or services provided by Company must be filed within one year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by Company to enforce or exercise any provision of the Terms shall not constitute a waiver of that right or provision.

 

Severability of Terms

If any of the provisions in the Terms are found by a legitimate court of law or other binding authority or governance to be considered invalid, you agree that such provision shall be deemed severable from the Terms, and every attempt shall be made to give effect to the parties' intentions as reflected in that provision. All remaining provisions contained in the Terms shall continue in full force and affect, and such severability shall not affect the validity and enforceability of all remaining provisions, without limitation.

 

The terms of this section survive any termination of the Terms.

 

Enforcement and Third-party Rights

Only Company and Site users shall be entitled to enforce the Terms. No third party is entitled to enforce any provision of the Terms.

 

Applicable Law 

This Site is controlled and operated by Company from its offices within the State of California. Company makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

 

The Terms and the resolution of any dispute related to the Terms, the Site, or products purchased from Company shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any legal action, event, or proceeding between Company and you related to the Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of California, and you agree to submit to the personal and exclusive jurisdiction of such courts.

 

You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained therein. Company retains the right to exercise any legitimate remedies for the arbitration of any lawsuits, including setoff, judicial or non-judicial foreclosure against any real or personal property collateral, exercise any judicial or power of sale rights, or act in a court of law to obtain an interim remedy such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies.

 

The terms of this section survive any termination of the Terms.

 

General

The section titles used in the Terms are purely for convenience and carry no legal or contractual effect. Nothing in the Terms shall be construed as creating a join venture, partnership, employment, or agency relationship between you and Company, and you do not have any authority to create any obligation or make any representation on Company's behalf. You may not assign or transfer any rights or obligation of the Terms by operation of law or otherwise without Company's prior written consent. Subject to the foregoing, the Terms will be binding on, inure to the benefit of, and be enforceable against you and Company and their respective successors and assignees.

 

The terms of this section survive any termination of the Terms.

 

Modifications and Amendments

This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. Notwithstanding the foregoing, Company reserves the right to make changes, modifications, emendations, amendments, additions, and deletions to the Terms at its sole discretion, without notice to you. Any changes will be indicated by altering the "updated and effective" date at the beginning of the Terms. Your continued use of the Site following the updating of the Terms constitutes your acceptance of any and all changes. Accordingly, users are under obligation to find out if any updates to the Terms have been made since their last visit to the Site.

 

The Terms supersede any other agreements previously published, and any other representations or statements issued from Company, whether oral, written, or otherwise. Company may assign, transfer, or sub-contract any of the rights or obligations under the Terms at Company's discretion.

 

The information communicated on the Site constitutes an electronic communication. When you communicate with us through the Site or other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically are equivalent to communications in writing and shall have the same force and effect as if they were in writing, and signed by the party sending the communication.