Terms of Use Agreement

Welcome to the Website (“Site”) for Advance Protein, Incorporated. This Terms of Use Agreement (“Agreement”) sets forth the Agreement between Advance Protein, (“we”, “us”, or “our”) and each user (“user”, “your” or “you”) governing the use by you of this Site. Please read this Agreement before using this Site. By using this Site, you agree to be bound by the terms of use contained in this Agreement. By accessing this Site you agree that you have read, understand, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THE TERMS AND USE OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE.

Terms of Use may change periodically. We will notify you of any material changes to the Agreement by posting a notice on this Site homepage for a reasonable period of time. You agree to regularly review this Agreement for any changes or modifications. Your continued use of this Site means that you accept any changes or modifications to this Agreement.

Privacy Policy
Advance Protein respects your privacy. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. As we continue to improve our Website, our privacy policy, and terms of use may be amended when appropriate to do so.
Please review the privacy policy regularly to ensure that you are familiar with our privacy practices. If you have any questions regarding our policy, please contact a representative of Advance Protein by using the Contact feature on our website.

The Information We Collect: This notice applies to all information collected or submitted on the Advance Protein Website (www.advanceprotein.com). On some pages, you can make requests, and register to receive materials. The types of personal information collected on these pages are:

Name
Address
E-mail Address
Phone Number
We use the information you provide about yourself when placing a request only to complete that request. We do not share this information with outside parties – except to the extent necessary to complete that request. Furthermore, we will not post your email or personal information on our website without your consent.

You can register on our Website to receive updates about our information and services, as well as information about additional products and services that may be of interest to you. We use return e-mail addresses to answer the e-mail we receive. Such addresses are not and will not be used for any other purpose and are not shared, sold, or rented to outside parties.

We may also use non-identifying and aggregate information in order to improve Advance Protein and our affiliated Websites, and improve our products and services.

Our Commitment to Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Use Signifies Acceptance: Your use of Advance Protein's Website signifies that you agree to the terms of this privacy policy.

If you have any questions or concerns about this privacy policy, please email Advance Protein at [email protected].

Not Healthcare Advice
The products and claims made about specific products on or through this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease.

This Site is not intended to provide diagnosis, treatment, or medical advice. Products, services, information and other content provided on this Site, including information that may be provided on this Site directly or by linking to third-party websites is provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

Information provided on this Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on this Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. This Site does not recommend self-management of health issues. Information on this Site is not comprehensive and does not cover all diseases, ailments, physical conditions, or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on this Site.

You should not use the information or services on this Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacture and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements.

Copyright, Trademarks, and other Intellectual Property

You acknowledge that all materials on this Site, including this Sites design, text, graphics, sounds, pictures, software, and other files and the selection and arrangement thereof, (collectively, “Materials”), are the property of Advance Protein and are subject to and protected by United States and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on this site are the sole property of Advance Protein and may not be copied or otherwise used, in whole or in part without the prior written authorization of Advance Protein In addition all page headers, custom graphics, and custom icons are Marks of Advance Protein and may not be copied or otherwise used, in whole or in part without the prior written authorization. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Any use of any Materials or Marks owned by Advance Protein is considered an infringement on our intellectual property rights (including patent rights) and will be legally pursued as such. By agreeing to the Terms of Use, you agree that you will not use any text, photos, likenesses, or other copyrighted or protected material of Advance Protein or of other third parties.

International Access

This Site may be accessed by users in countries other than the United States. This Site may contain products or references to products that are not available outside the United States. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws and regulations. You agree that you will not use this Site content or products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Modifications

We reserve the right to modify the terms of use at any time and in our sole discretion. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.

Links to Third Party Websites

Links to or access from any third party websites or resources is not an endorsement of any information, product, or service. Advance Protein does not control or endorse any third party websites and is not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

Liability Disclaimer

THE DOCUMENTS CONTAINED IN THIS SITE ARE FORWARD-LOOKING STATEMENTS THAT ARE BASED ON CURRENT EXPECTATIONS, ESTIMATES, AND PROJECTIONS. THESE STATEMENTS ARE NOT HISTORICAL FACTS; INCLUDING STATEMENTS ABOUT ADVANCE PROTEIN, INC ARE BELIEFS, ANTICIPATIONS, AND EXPECTATIONS. THESE STATEMENTS CONTAIN POTENTIAL RISKS AND UNCERTAINTIES AND THEREFORE, ACTUAL RESULTS MAY DIFFER MATERIALLY. ADVANCE PROTEIN UNDERTAKES NO OBLIGATION TO UPDATE ANY FORWARD-LOOKING STATEMENTS WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE. THESE DOCUMENT ARE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE, AND SHOULD NOT BE CONSTRUED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY ENTITY. IF SUCH AN INVESTMENT OPPORTUNITY SHOULD BECOME AVAILABLE, A CONFIDENTIAL PRIVATE OFFERING MEMORANDUM OUTLINING SUCH INVESTMENT OPPORTUNITY WOULD BE PROVIDED TO THE ELIGIBLE OFFEREES, AND THE INFORMATION IN THIS DOCUMENT WOULD BE QUALIFIED IN ITS ENTIRETY BY REFERENCE TO ALL OF THE INFORMATION, INCLUDING WITHOUT LIMITATION THE RISK FACTORS, IN THE CONFIDENTIAL PRIVATE OFFERING MEMORANDUM. NO REPRESENTATIONS OR WARRANTIES ARE MADE AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN. CERTAIN INFORMATION AND OPINIONS INCLUDED IN THESE DOCUMENTS, CERTAIN INFORMATION AND OPINIONS USED TO FORM BELIEFS INCLUDED IN THIS DOCUMENT, AND CERTAIN TOOLS USED TO PRODUCE AND/OR ANALYZE INFORMATION INCLUDED IN THIS DOCUMENT, HAVE BEEN OBTAINED FROM THIRD-PARTY SOURCES BELIEVED TO BE APPROPRIATE FOR CONSIDERATION. HOWEVER, NO ASSURANCES CAN BE GIVEN THAT SUCH INFORMATION, OPINIONS, OR TOOLS ARE RELIABLE, AND THEY SHOULD NOT BE TAKEN AS SUCH. THIS DOCUMENT CONTAINS DATA AND OTHER INFORMATION DERIVED FROM STUDIES PERFORMED BY ADVANCE PROTEIN, INC, AND ITS COLLABORATORS. THIS INFORMATION IS BELIEVED TO BE ACCURATE, BUT MAY NOT REPRESENT ALL DATA THAT HAS BEEN OBTAINED OR WHICH MIGHT BE OBTAINED IF OTHER STUDIES WERE PERFORMED, THE RESULTS OF WHICH MIGHT BE MATERIALLY DIFFERENT. ALL REFERENCES HEREIN TO ARTICLES, AGREEMENTS, AND OTHER DOCUMENTS ARE QUALIFIED IN THEIR ENTIRETY BY REFERENCE TO THE FULL TEXT OF THOSE DOCUMENTS, WHICH MAY BE PROVIDED BY ADVANCE PROTEIN UPON REQUEST.

IN FURNISHING THESE DOCUMENTS, ADVANCE PROTEIN UNDERTAKES NO OBLIGATION TO PROVIDE THE RECIPIENT WITH ACCESS TO ANY ADDITIONAL INFORMATION. THESE DOCUMENTS SHALL NOT BE DEEMED AN INDICATION OF THE STATE OF AFFAIRS OF ADVANCE PROTEIN, INC, NOR SHALL IT CONSTITUTE AN INDICATION THAT THERE HAS BEEN NO CHANGE IN THE BUSINESS OR AFFAIRS OF ADVANCE PROTEIN, INC, AFTER THE DATE HEREOF OR AFTER THE DATES AS OF WHICH INFORMATION IS GIVEN IN THIS DOCUMENT.

Indemnification

You agree to indemnify, defend, and hold harmless Advance Protein and its entities from and against all losses, expenses, costs, and damages including attorney’s fees, resulting from your use of or contact on this Site, your use or your inability to use this Site or services, any products or services purchased or obtained by you in connection with this Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Advance Protein.

Site Usage & Usage Termination

You are required to establish an account on this Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete, and current information about yourself as prompted by this Site and to promptly update such information to maintain accurate, true, complete, and current information. If you provide any inaccurate, false, incomplete or outdated information or Advance Protein, at its sole discretion, suspects that such information is inaccurate, false, incomplete or outdated, Advance Protein reserves the right to suspend or terminate your account and prohibit any and all current or future use of this Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on this Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.

You agree to use this Site for lawful purposes and that you are responsible for your use of and communications on this Site. You agree not to post on or transmit through this Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive, or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringes on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in a manner that would interfere with normal operation or infringes on any others use of this Site.

You agree not to access this Site by any means other than the interface provided by Advance Protein. Creating or maintaining any link from another website to any page on this Site without prior written authorization from us is prohibited. Displaying or running this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior authorization from us is prohibited. Any permitted links to this Site must comply with all applicable laws, rules, and regulations.

Advance Protein makes no representation that Materials contained on this Site or that products described or offered on this Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users to this Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access this Site from any location or territory where its contents are illegal and that you and not Advance Protein are responsible for compliance with all applicable laws and regulations.

This Agreement is effective until terminated by either Advance Protein or you. Advance Protein, at its sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to this Site or any portion of it. You may terminate this Agreement at any time provided you discontinue any use of this Site. Upon termination, you must destroy all materials obtained from this Site including all copies of such materials whether made under the terms of use or otherwise. Advance Protein reserves the right to modify or discontinue, temporarily or permanently, this Site or any portion of it with or without notice. Advance Protein is not liable to you or to any third party for any modification, suspension, or discontinuation of this Site.

We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that Advance Protein may terminate or suspend your access to all or part of this Site, with or without notice, for any conduct that Advance Protein, at its sole discretion, believes is in violation of any part of this Agreement, laws or regulations or is harmful to another user or any related parties.

The following shall survive any termination of the Agreement either by Advance Protein or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.

User Content and Conduct

Where applicable at this Site, you may post your own content (“User Content”). You understand that you are solely responsible for any content you post to this Site. You alone assume all risks associated with your content including anyone’s reliance on its accuracy, truthfulness or reliability or any disclosure by you of information in your content that makes you identifiable. Once published, your content may not be able to be withdrawn. You may not imply that your content is endorsed by Advance Protein . You may expose yourself to liability if your content is false, defamatory, intentionally misleading, violates any third-party right including copyright, trademark, patent, trade secret, privacy right, right of publicity or any other intellectual property or proprietary right or any material that is unlawful or violates or advocates the violation of any law or regulation. We cannot guarantee that your content will not be misused by other users. If you have information you want to keep confidential and/or do not want others to use, do not post it to this Site. Advance Protein will not be liable for any user content, including, any errors or omissions, any loss or damage incurred as the result of the use of any user content in any manner posted to this Site. Advance Protein is not responsible for any user’s use or misappropriation of any content you post to this Site.

By posting user content to this Site, you hereby grant (or warrant that the owner of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use reproduce, adapt, publish translate, edit, sub-license, create derivative works from and distribute such content or incorporate such content into any form. The foregoing grant includes, without any limitation, any copyrights and other intellectual property rights in and to your user content. You represent and warrant that the content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. You agree to pay for all royalties, fees and any other amounts owed to any person by reason of any content you posted to this Site.

You understand that Advance Protein may preserve user content and may disclose user content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to, comply with the legal process, enforce this Agreement, respond to claims that any user content violates the rights of third-parties, or protect the rights, property or personal safety of Advance Protein, its users and the public. You understand that the technical processing and transmission of this Site, including your user content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.

Your content postings are voluntary including, ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or review or use of your content. Advance Protein is not liable for any disclosure of any user content, including opinions, suggestions you post to this Site. Advance Protein is entitled to unrestricted use of any user content it may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.

You agree not to use this Site to:

a. Post or otherwise transmit any user content that is harmful, false, unlawful, obscene, defamatory or otherwise objectionable.
b. Harass, stalk or otherwise abuse another Site user, Advance Protein or one of its entities.
c. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
d. Harm minors.
e. Manipulate identifiers in order to disguise the origin of any user content posted to this Site.
f. Post or otherwise transmit any user content that you do not have the right to transmit under any law, contractual or fiduciary relationships.
g. Post or otherwise transmit any user content infringes any patent, copyright, trademark or other proprietary rights (“Rights”) of any party or post or otherwise transmit any protected material on this Site.
h. Post or otherwise transmit any unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation.
i. Post or otherwise transmit any content that contains viruses, Trojan horses, or other harmful, disruptive or destructive materials that limit the functionality of any computer software, hardware or telecommunications equipment or interferes with any third party’s use of this Site.
j. Collect data about other Site users.
k. Gain access to unauthorized areas of this Site.
l. Gain access to unauthorized servers or networks.

We will terminate the account and/or block Site users who violate the intellectual property rights of any person on this Site. You understand that by using this Site you may be exposed to other’s user content that is indecent or otherwise objectionable. Advance Protein does not endorse or have control over user content. User content is not reviewed by Advance Protein prior to posting and does not reflect the opinions of Advance Protein. Advance Protein makes no representations or warranties express or implied with regards to the accuracy or reliability of user content or any other material or information you may obtain from this Site. Advance Protein is not responsible for monitoring this Site for inappropriate user content or conduct. If at any time Advance Protein chooses, in its sole discretion, to monitor this Site, Advance Protein nonetheless assumes no responsibility for the user content, has no obligation to modify or remove any inappropriate user content, and has no responsibility for the conduct of this Site users submitting any such user content. Notwithstanding the foregoing, Advance Protein reserves the right to remove any user content that violates this Agreement or is otherwise objectionable, in Advance Protein's sole discretion. You agree that you must evaluate, and bear all the risks that are associated with the use of any user content, including reliance on accuracy, completeness or usefulness of such content. In this regard, you acknowledge you may not rely on any user content. You are solely responsible for your interactions with other Site users. Advance Protein, in its sole discretion, has the right but is under no obligation to monitor communications between you and other Site users and to terminate your Site access.

You agree to indemnify us for any and all third party claims, damages, losses, and causes of action arising from or as a result of your posting any content or materials or your failure to comply with this Agreement. Advance Protein does not and cannot review all communications and content users post or upload to the interactive areas of this Site. Advance Protein is not responsible for any of the content of these communications or materials posted or uploaded to this Site. Advance Protein reserves the right to block, move, delete, edit whole or in part, any content submitted by you to this Site that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to Advance Protein at its sole discretion. Any content posted to interactive areas of this Site should not be construed as professional healthcare advice or instruction.

This Site is intended for adult use. If you are under 18, do not submit any information or content to this Site.

Agreement

This Agreement constitutes the only Agreement between Advance Protein and any and all Site users with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

Severability; Interpretation

If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.

Applicable Law; Jurisdiction; Dispute Resolution

This Agreement and any dispute, litigation or arbitration arising from or in any way related to the Agreement or the relationship of the parties, whether the claims asserted in such dispute, litigation or arbitration are based on contract, tort, equitable relief or on any other basis shall be governed, construed and enforced in accordance with the laws of the United States and the State of Delaware, with reference to the rules governing choice of laws.

Any litigation arising from or in any way related to this Agreement or the relationship of the parties must be brought in the federal or state courts located in the State of Delaware. You irrevocably consent to the jurisdiction of such courts and venue in the State of Delaware.

To the extent permitted by applicable law, you and Advance Protein hereby waive the right to a trial by jury in any proceeding or litigation brought against the other with respect to this Agreement or this Site. In addition, neither you nor Advance Protein shall be entitled to join or consolidate claims by or against other Site user, or litigate any claim as a representative or class action or in a private attorney general capacity.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure of the benefit of and be enforceable against the parties and their respective successors and assigns.

Miscellaneous

The failure of the Advance Protein Entities to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of Advance Protein Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.

Contact Us

Advance Protein welcomes your questions or comments with regards to the Terms of Use.

Advance Protein
174 Lawrence Drive, Suite J
Livermore, CA 94551
925-344-5877