TERMS & CONDITIONS WELCOME TO THE X2PERFORMANCE INTERNET WEBSITE, www.x2performance.com (THE “WEBSITE”), OPERATED BY ADVANCED BIO DEVELOPMENT, INC. (“ABD”, “WE”, “US”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY STATEMENT, FOUND AT OUR PRIVACY PAGE, AND INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS WEBSITE AND NOT USE ANY OF ABD’S PRODUCTS OR SERVICES.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. ABD makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Terms of Sale / Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to our Terms of Sale, which are hereby incorporated by reference into these Terms and Conditions. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to ensure that information on this Website is available, complete, accurate and current. Despite our efforts, the information on this Website may occasionally be unavailable, inaccurate, incomplete or out of date. We make no representation as to the availability, completeness, accuracy or currentness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Registration Data and Account Security. By accessing or using the Website, you represent that: You are at least eighteen (18) years old and have the capacity to form a binding contract; Any and all registration or payment information you provide is accurate, current, and complete and you are authorized to use such information; The information you provide does not belong to third parties, including but not limited to minors; You will maintain the security of your log-in information, including any username and password; You accept all risks associated with registration, including the risk of unauthorized access to registration data.
5. Use of this Website. You may only use this Website for lawful purposes, and you agree not to use this Website (i) any way that violates any applicable federal, state, local and international law or regulation; (ii) to impersonate or attempt to impersonate ABD or an ABD employee, another user, or person or entity; or (iii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm ABD or users of this Website or expose them to liability. The design and “look and feel” of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content software and other technology components of this Website are © 2014, Advanced Bio Development, Inc., or its affiliates and suppliers. All rights reserved. You may not copy or modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, create derivative works of, republish, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
6. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of ABD and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, including ABD and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of ABD.
7. Linking to this Website. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
8. Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by ABD or its respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
9. Inappropriate Material. You are prohibited from posting, uploading or transmitting: any unlawful, counterfeit, false or misleading, harmful to minors, offensive, threatening, defamatory, libelous, obscene, pornographic, disparaging, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law; any images, text, code, photographs, software or other information protected by intellectual property laws, including but not limited to, trademark, copyright, trade secret or patent laws, unless you own or have the right to post, upload, or transmit them; any unsolicited messages, advertising or promotional materials, or to collect information regarding other users of this Website for those or any other purposes; any materials that defame, abuse, harass, stalk, threaten, embarrass or otherwise violate, infringe upon or misappropriate the legal rights (including intellectual property rights and rights of privacy and publicity) of others; or any materials that contain, or use or disseminate malicious or disabling code, including viruses, Trojan horses, worms, time bombs, corrupted files, or bots, or any automated means of access or scraping, or take any action that imposes an unreasonable load on ABD’s infrastructure.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
11. Reporting Infringement and Offensive Content. If you have a good faith belief that your intellectual property rights have been violated by any content or materials that are available on the Website, or if you come across any offensive or objectionable materials on the Website that you believe violate this or any other ABD policy, or any other law, please let us know by following the instructions below. Reporting Suspected Copyright Infringement. If you have a good faith belief that your copyrighted work has been used in a manner that constitutes copyright infringement, you may notify us by sending us a detailed written notice. This notice must be physically or electronically signed by the copyright owner or another person that is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and must include the following information:
(i) An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(ii) An identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Include information regarding the location of the infringing material that is sufficient to permit ABD to locate the material. Providing URLs is the best way to help us locate content quickly.
(iii) Your contact information, which should be reasonably sufficient to permit us to contact you, and should include the name of the copyright owner and, if you are not the owner, your name and title. Please provide your address, telephone number, and, if available, an e-mail address at which you may be contacted.
(iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Reporting All Other Intellectual Property Infringement and Objectionable Content. If you have a good faith belief that your intellectual property rights (other than copyright) are being violated, or that any content or materials available on the Website violate your rights, any ABD policy or applicable law, or if you are reporting offensive or objectionable content or conduct to ABD, you may send us a written notice, describing in detail:
(i) An identification of the nature and location on the Website of the content or materials at issue. Include information regarding the location of the content or material that is sufficient to permit ABD to locate the content or material. Providing URLs is the best way to help us locate content quickly.
(ii) The nature of your specific concerns about the content or material (for example, it is obscene, or it infringes on your trademarks or other proprietary rights).
(iii) If you are reporting an infringement of your intellectual property rights (other than a copyright), identify the source of the rights that you believe are being violated (for example, a trademark registration number or a patent number).
(iv) Your contact information, which should be reasonably sufficient to permit us to contact you, and should include the name of the owner of the content or material or the person to which the content or material relates to and, if you are not such person, your name and title. Please provide your address, telephone number, and, if available, an e-mail address at which you may be contacted.
Contact Information for ABD’s Designated Agent. All written notices described above should be mailed to ABD at:
Mr. Chad Cunningham
Advanced Bio Development, Inc.
768 Piermont Avenue
Piermont, NY 10968
12. DISCLAIMERS. YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NEITHER ABD, NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER ABD, NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. LIMITATIONS OF LIABILITY. ABD does not assume any responsibility, or liability, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL ABD, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ABD’S TOTAL LIABILITY FOR ANY CLAIM OR SERIES OF RELATES CLAIMS EXCEED $5,000. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
14. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.
15. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and ABD to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the federal or state courts of the State of New York, County of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction of such courts for these purposes, and you hereby waive any objection to laying venue in any such courts. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
17. Health Related Information. The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with ABD) for diagnosing or treating a health problem or disease, or prescribing any medication. 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. You should read carefully all product packaging prior to use.
18. Indemnity. You agree to indemnify and hold ABD and its subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
19. Domestic Use; Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
20. General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at Advanced Bio Development, Inc., 768 Piermont Avenue, Piermont, NY 10968, Attn: Terms & Conditions or e-mail us at firstname.lastname@example.org. Alternatively, you may call us toll-free at 1-855-GET-ON-X2 (1-855-438-6692).
These Terms and Conditions were first posted on July 30, 2012 and last updated on April 14, 2014.