Welcome to MuscleFixer. The terms “we”, “us” and “our” refer to MuscleFixer. MuscleFixer operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). MuscleFixer is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address, billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.
We make every effort to display our products and services accurately in our online store. However, colors, sizes or appearances may differ from how they appear on your screen due to your device, screen settings and configuration.
We do not warrant that the appearance, quality or performance of any product or service purchased by you will meet your expectations or be identical to the images or descriptions shown in our online store.
All product descriptions and prices are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or services that we offer to any person, geographic region or jurisdiction, on a case by case basis.
When you place an order, you are making an offer to purchase. MuscleFixer reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until MuscleFixer confirms acceptance and processes your payment.
Please review your order carefully before submitting it. We may be unable to accommodate cancellation or change requests once an order has been accepted and processed. If we do not accept, change or cancel an order, we will attempt to contact you using the email address, billing address and or phone number provided at the time of purchase.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set out in the order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices in our online store may differ from prices offered elsewhere, including physical stores or other online stores operated by third parties. From time to time, we may offer promotions that affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the payment information you provide is true, correct and complete,
(ii) you are duly authorized to use the payment method for the purchase,
(iii) charges incurred by you will be honored by your payment provider, and
(iv) you will pay all charges incurred by you at the posted prices, including shipping, handling and all applicable taxes.
All shipping and delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, logistics issues or events outside our control.
Once we transfer the products to the carrier, title and risk of loss pass to you. Any claims for lost, damaged or delayed shipments should be made directly with the carrier, subject to our Refund Policy [LINK].
The Services, including all trademarks, brand names, text, designs, images, graphics, product reviews, video, audio and the selection and arrangement of such content, are owned by MuscleFixer, its affiliates or licensors and are protected by applicable copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.
Except as expressly stated in these Terms, nothing in the Services shall be construed as granting any license or right to you under any patent, trademark, copyright or other intellectual property of MuscleFixer, Shopify or any third party.
MuscleFixer’s names, logos, product and service names, designs and slogans are trademarks of MuscleFixer or its affiliates or licensors. You must not use such marks without our prior written permission. Shopify’s names, logos, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans mentioned in the Services are trademarks of their respective owners.
We may provide you with access to tools or features operated by third parties as part of the Services. We do not monitor, control or have input over these tools.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider.
We may also introduce new services, tools or features in the future. Such new features shall also be considered part of the Services and will be subject to these Terms of Service.
The Services may contain materials or links to websites, content or resources provided by third parties. If you access third party websites or services, you do so entirely at your own risk.
We are not responsible for examining or evaluating the content, accuracy or reliability of any third party materials or websites. We are not liable for any harm or damages related to your use of third party websites or your purchase or use of any products, services, resources or content from third parties.
You should carefully review the third party’s terms, conditions and privacy policies before engaging in any transaction. Complaints, claims or questions regarding third party products or services should be directed to the third party.
MuscleFixer is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly between you and MuscleFixer.
By using the Services, you acknowledge and agree that Shopify is not responsible for, and has no liability for, any aspect of any sales or transactions between you and MuscleFixer, including any injury, damage or loss resulting from products or services you purchase. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with MuscleFixer.
All personal information that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed on Shopify’s website.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you.
Please review our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.
We may use these rights to operate, provide, enhance and promote the Services and our products.
You represent and warrant that:
(i) you own or have all necessary rights to the Feedback,
(ii) you have disclosed any compensation or incentives received in connection with the Feedback, and
(iii) your Feedback complies with these Terms.
We have no obligation to:
maintain any Feedback in confidence,
pay any compensation for Feedback, or
respond to any Feedback.
We may, but are not required to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain unlawful, abusive or obscene content, or any virus or malware that could affect the operation of the Services.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no liability for any Feedback posted by you or any third party.
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice, including after you have submitted your order.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
(a) for any unlawful or malicious purpose,
(b) to violate any applicable laws or regulations,
(c) to infringe upon our intellectual property rights or the rights of others,
(d) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate against any person or group,
(e) to submit false or misleading information,
(f) to upload or transmit any material that does not comply with these Terms,
(g) to transmit any unsolicited advertising or promotional material, including spam,
(h) to impersonate or attempt to impersonate any person or entity, or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that may harm MuscleFixer, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or other malicious code,
(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services,
(c) collect or track the personal information of others,
(d) spam, phish, pharm, pretext, spider, crawl or scrape, or
(e) interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend, disable or terminate your account or access to the Services at any time, without notice, if we determine that you have violated these Terms.
We may terminate or suspend your access to the Services at any time, without notice, for any reason, including if we believe that you have violated these Terms. You will remain responsible for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Errors, Prohibited Uses, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
The information presented on or through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by MuscleFixer in writing, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non infringement.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error free. Some jurisdictions do not allow limitations on implied warranties, so some of the above limitations may not apply to you.
To the fullest extent permitted by law, in no case shall MuscleFixer, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of the Services or any products purchased through the Services, or for any other claim related in any way to your use of the Services or any product.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless MuscleFixer, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related to:
(1) your breach of these Terms of Service or any policies they incorporate by reference,
(2) your violation of any law or the rights of a third party, or
(3) your access to or use of the Services.
We will notify you of any claim for which we seek indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by the delay. We may assume control of the defense and settlement of any claim at your expense, and you agree to cooperate with us in the defense of such claims.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or rules posted by us on the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements and communications, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
You may not assign, transfer or delegate these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment in violation of this provision is void. We may assign, transfer or delegate these Terms and our rights and obligations at any time without notice.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where MuscleFixer is headquartered, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction for the resolution of any disputes arising out of or relating to these Terms or the Services.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by applicable law. Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at support@musclefixer.com.
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