The following Terms of Use are entered into by and between You and Exceed Nutrition LTD (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of ExceedNutrition.com, including any content, functionality and services offered on or through ExceedNutrition.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Please note that you can use your content almost anywhere that you normally publish and sell content, including editing it and adding your name or brand.

However you can NOT give anyone the Private Label Rights (PLR), Resell Rights, or Master Resell Rights. In other words, you can NOT give other people the ability to edit or alter the content. The exception is any worksheets or forms that your clients need to use to complete activities.

To be clear, here is what you CAN do with Exceed Nutrition content:

[YES] Teach the content to as many people as you want (as a paid product, bonus, or lead generator)

[YES] Publish the content in your paid membership site

[YES] Use the content as a bonus to a paid product

[YES] Use the content as lead magnet giveaways for building your list of prospects

[YES] Include the content in ebooks and reports (sold with personal rights only)

[YES] Use the content in an autoresponder series or ecourse

[YES] Use the content as the script or visuals for a podcast, video, Hangout, workshop, presentation, or webinar

[YES] Use the content to create tools and training for your team and affiliates

[YES] Edit the content however you wish

[YES] Put your name and brand on the content

[YES] Put your own name, logo, and/or website on the infographics/resources

[YES} Edit the text and/or add your own images

[YES] Use the content to publish blog posts, articles, tweets, infographics, promo videos, and quote images freely on the web

Here is what you CAN NOT do:

[NO] You can NOT sell, give away, or pass on the Private Label Rights, resell, or master resell rights to the content

[NO] You can NOT sell, give away, or pass on the editable files to anyone. The exception is any worksheets that your readers or customers need to be able to edit.

[NO] You can NOT add the content to White Label, PLR, Resell Rights, or Master Resell Rights membership sites or stores

[NO] You can NOT add the content to free Internet Marketing membership sites, forums, or social media pages/groups

[NO] You can NOT add the content to article directories without substantial rewriting

[NO] You can NOT use my name (Ru Anderson) or the name Exceed Nutrition on the content

[NO] You can NOT freely publish the entire content on the web without asking for at least an email address, except as noted above (blog posts, social media, graphics, promo videos)

[NO] You can NOT share the content with other consultants, coaches, trainers, or marketers. This is a single-person license. If others are interested in editing and sharing it, you can refer them to our site via your own affiliate link and earn commissions.

[NO] You can NOT offer any type of competing service or product that uses any of our content.

You can customize your new content any way that you wish, including editing, cutting up and combining with other content.

If you want to submit any articles to article directories, you need to rewrite them. It is against the rules of most article directories to submit copied material anyway.

After editing any content, including website links and branding, you should convert it to PDF or other non-editable format to protect the value of your content. There are free PDF converters available online. If you are using Powerpoint or Keynote or Canva, you can simply save the documents as the file type “PDF”.

Promotion material (such as tweets, blog posts, quote images, and infographics) can be published freely on the web, although you may want to convert some of it to paid products instead.

When you are selling any of the products, please do not price them any lower than $7 for a short pack/program or $27 for a longer training program. If you sell your products for too little, it makes your content look like it isn’t worth much. That defeats the purpose of your business and devalues the content for everyone else too. Also, if you give your larger products away for free, without even asking for an email address, people will never want to actually buy anything.

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

The Company from time-to-time provides various courses, programs, and associated material for sale on this Website.

The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

We endeavour to describe and display the Program as accurately as possible. While we try to be as clear as possible in explaining the Program, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

We (or our third-party payment processor) shall authorize your credit card, PayPal account, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription as per the Cancellation Policy below.

We want you to be satisfied with your purchase and we offer a 30-day refund period for new customer product purchases. 

Because the products/services we offer are digital and cannot be returned, your purchase is only eligible for a refund in the following situations:

The requested refunded product is your first ever product purchase with Exceed Nutrition (includes subscriptions) 
If you have purchased a prior Exceed Nutrition product or service then we do not issue refunds under any circumstances.

You purchased two licenses for the same product, accidentally. 
We’ll gladly refund you the duplicate purchase(s). 

There is a technical problem with the product/service that Exceed Nutrition cannot resolve after becoming aware of the problem. 
Products with alleged technical issues will only be eligible for a refund when sufficient information is provided regarding how the error was created. If you and Exceed Nutrition encounter a consistently reproducible error with the product files that cannot be resolved by Exceed Nutrition, you will be issued a refund. 

The product/service is purchased less than a month ago. 
In the event that you decide your purchase was not the right decision, within 30 days of purchase, contact our support team at Info@exceednutrition.com and let us know you’d like a refund by the 30th day at 11:59 GMT. 

We are unable to process refunds in the following situations:

The product is not your first ever purchase
Please note, the refund policy is respected per each product in the sales funnel. 

Product bundles and bulk purchases 
There are no refunds for purchases of product bundles or bulk purchases over $500. Please purchase a smaller item first, to see if you like our content, before making a larger purchase.

Used Content
Refunds are not issued for products if you have used any part of the content, such as sharing it with your customers or including portions in another product.

Services 
Refunds for services are not issued, unless the service was NOT delivered within the time frame specified.

Disputes
If a PayPal or credit card dispute is opened to request a refund during the grace period, refund will not be issued. Please close your dispute and then request your refund through info@exceednutrition.com, as outlined in the Refund Process below.

Fees charged immediately after a trial period ends
If a trial period offer is purchased then you waiver your right to the 30-day money back guarantee.

Attempted abuse of the refund policy 
For example, by purchasing and requesting refunds repeatedly.

Incompatibility of our products with third party software 
Prior to ordering, please, make sure you have carefully read and understood any software requirements

Lack of correct software
Refunds are not issued if you don’t have the correct software (described in the listing) to open and edit the product. Software requirements may be listed one of several ways, including in our FAQ section of the product information page before checkout. 

Download difficulties 
You are having trouble downloading the product because your internet is not fast enough, is not stable, cannot handle a large download, or similar issues related to your internet.

Refund Process 
If you request a refund, please include an explanation of reasons for a refund, your order information, and your account email. Send your request to info@exceednutrition.com.

Prior to ordering, please, make sure you have carefully read and understood the content license rules and software requirements. If you are not sure if the content meets your needs, or have questions about features, please contact our Customer Support Desk (info@exceednutrition.com). All inquiries about our products are free of charge.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

By purchasing, you agree to waive your cancellation rights. By purchasing, you agree that all refunds are at the sole discretion of Exceed Nutrition. You agree to Exceed Nutrition’s full Refund Policy contained here within, which we may modify from time to time in our sole discretion.

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 60-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 60 days of enrollment, contact our support team at info@exceednutrition.com and let us know you’d like a refund by the 60th day at 11:59 GMT. You must include your coursework (see below) with your request for a refund. If you request a refund and do not include your coursework by the 60th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes ALL of the following items:

1. A Link to Access Your InfoProduct (Format must be PDF, mp3 or mp4)
2. A Link to Review Your Completed Sales Page (It MUST be connected to your payment processor and working properly)
3. Snapshot of 1 Active Social Media Post or Paid Advert, Promoting Your InfoProduct Opportunity

We will NOT provide refunds more than 60 days following the date of purchase. After day 60, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 60 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Exceed Nutrition LTD. To further clarify, we will not provide refunds after the 60th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: info@exceednutrition.com.

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all the content to your business. Therefore, the Company provides a '365 Days To Get Results Guarantee' for the Program (Nutrition Content Vault ONLY). The following terms govern that money-back guarantee.

In order to qualify for a refund, you must submit proof that you have used the Program content sufficiently and it did not work for you. In the event that you decide your purchase was not the right decision, within 365 days of enrollment, contact our support team at info@exceednutrition.com and let us know you'd like a refund by the 365th day at 11:59 GMT. 

You must include everything needed (see below) with your request for a refund. If you request a refund and do not include everything needed by the 365th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes ALL of the following items:

Requirement 1: Attach screenshots of three actual social media posts where you have included the Program content (must show publish date within the Refund Period)

Requirement 2: A link to review at least one blog post on your website using the Program content (It MUST be published on a live public website and working correctly)

Requirement 3: A link to review at least one free or paid downloadable resource that you have created using the Program content (Format must be PDF, mp3 or mp4) 

Requirement 4: Tell us why this Program did not get the results you wanted. What did you expect that you did not get once inside the Program?

We will NOT provide refunds more than 365 days following the date of purchase. After day 365, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless if you complete the Program.

Please note: If you opted for a payment plan and you do not request a refund within 365 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund under this policy, the Company will promptly instruct its payment processor to issue the refund. 

The Company does not control its payment processor and will be unable to expedite any refunds.

Suppose you receive a refund of any purchase through this money-back guarantee. In that case, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company's Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including, without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Exceed Nutrition LTD. To clarify, we will not provide refunds after the 365th day from your date of purchase and all payments must be made promptly. 

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: info@exceednutrition.com.

You can cancel your subscription by sending an email to info@exceednutrition.com stating you want to cancel your plan/subscription.. You can also request the cancellation of your account at any time by clicking on the Account link inside your members area when logged in. 

NOTE: Unless Exceed Nutrition is requested at least two business (2) days before the end of the conclusion of your current subscription term (or any subsequent Renewal Term) that you do not intend to renew your subscription, you will be enrolled into an automatic renewing cycle for the same term at the conclusion of the subscription term. This applies to all subscription plans involving payment, and works the same for both monthly and annual renewals. Any request notice of your intention not to renew shall be provided by emailing us info@exceednutrition.com. 

There will be no partial (or prorated) refunds on monthly OR annual payments.

Cancellations will be effective once the cancellation request has been processed by our team. You will be unable to log in to the Exceed Nutrition membership area after that time. If you did not submit your cancellation request in time and the current month's payment has already processed, we will not issue a refund for the current month.

Once you cancel, you will no longer have access to the Program, including all content and community resources.

It is entirely your responsibility to request the cancellation of your account in good time should you no longer require the Program.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: Info@ExceedNutrition.com

You are entitled to only one $1 trial of our Client Recipe Packs Service. It is not permitted to enrol again using our trial if you have previously used it. You should therefore enrol by paying the normal monthly or annual subscription rates. 

Abuse of this condition entitles us to automatically charge your card the full membership amount at any time. 

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

In order to use the Program, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Exceed Nutrition Ltd will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, Exceed Nutrition Ltd may provide access to a community or social media platforms in conjunction with the Service. Exceed Nutrition Ltd is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege and Exceed Nutrition Ltd may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Exceed Nutrition Ltd will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Exceed Nutrition Ltd is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Exceed Nutrition Ltds’s brand and image integrity.

Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

We claim no intellectual property rights over the material you supply to Exceed Nutrition Ltd. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Exceed Nutrition Ltd remains yours to the extent that you have any legal claims therein. You agree to hold Exceed Nutrition Ltd harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Exceed Nutrition Ltd for promotional, business development, and marketing purposes, without compensation to you.  We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

The Site and Service contain intellectual property owned by Exceed Nutrition Ltd, including trademarks, copyrights, proprietary information, and other intellectual property. Exceed Nutrition Ltd’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Exceed Nutrition Ltd’s copyrighted materials shall remain the sole property of Exceed Nutrition Ltd. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer.

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer.

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

If you do not understand or agree with any of these conditions, please do not use this site or order this service. 

If you have any questions regarding our terms of use, or your dealings with our website, please contact us here: info@exceednutrition.com.

~ The Exceed Nutrition Team

(Effective as of 22nd May 2018)

(Updated September 2022)