Last updated: June15, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.epicnutra.com website (the "Service") operated by Epic Nutra Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein. If you disagree with any part of the terms then you do not have permission to access the Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of a Epic Nutra or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may access and use this website for purposes expressly permitted by Epic Nutra Inc. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of Epic Nutra. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.
Website and Medical Information Disclaimer
This website contains general information and content about diet, health, and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.
The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. Epic Nutra makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your doctor or other healthcare provider before doing so. 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.
Neither the Company nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Epic Nutra does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not or no longer accurate or complete.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Epic Nutra products are sold either as a one-time purchase or may be purchased and billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a weekly, bi-weekly, Monthly and Quarterly options depending on customer selections.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Epic Nutra Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Epic Nutra Inc. customer support team at 888-200-4010.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Epic Nutra Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Epic Nutra Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Epic Nutra Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Epic Nutra Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Epic Nutra Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Epic Nutra offers a 30 day satisfaction guarantee and we understand that you may need to return a product.. If for any reason you are not satisfied with your purchase you may request a refund within the first 30 days. ALL return requests must be made within 30 days of purchase – after 30 days, all sales are considered final. Also note that the customer is responsible for return shipping costs, and products MUST be returned prior to receiving a refund. Limited to one return or exchange per customer. If client is on subscription delivery refunds are limited to products purchased in the last 30 days. Any subscription products received or payments made prior to 30 days from the time of refund request are final.
The Service and its original content, features and functionality are and will remain the exclusive property of Epic Nutra Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Epic Nutra Inc..
Our Service may contain links to third party web sites or services that are not owned or controlled by Epic Nutra Inc.
Epic Nutra Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Epic Nutra Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Epic Nutra Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advised of the possibility of such damages. No person is authorized on behalf of Epic Nutra to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sales by Epic Nutra. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.
Epic Nutra shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Epic Nutra’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
This site and, except as provided in the following sentence, the materials, and products offered on this site are provided “as is” and without warranties of any kind, whether express or implied. Epic Nutra warrants that all Epic Nutra’s products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.
Epic Nutra makes no warranty with respect to products, services or this website that is not set forth in writing in these terms and conditions, and specifically disclaims and excludes, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The remedies provided in these terms and conditions are exclusive, and Epic Nutra expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.
Epic Nutra does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Epic Nutra does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.
Epic Nutra’s industrial-hemp derived supplements, and the majority of industrial-hemp products on the market, contain a naturally occurring trace amount of tetrahydrocannabinol (THC). The amount of THC in our products never exceeds 0.3% concentration by weight, per state and federal regulations and definitions of industrial hemp, and while it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Taking excessive amounts of industrial hemp products, the type or method of drug test utilized, and an employer’s or organization’s requirements and policies, among other things, are factors that may influence drug test results. By agreeing to these Terms and Conditions and placing an order with us, you are indicating that you understand that failing a drug test is a possibility when using industrial hemp products, and that you waive the right to make a claim against Epic Nutra for any matters related to any drug test you take or the results of any such drug test, including the loss of employment or any employment opportunity or the imposition of a civil or criminal penalty.
Compliance with Applicable laws
Epic Nutra makes no representations that the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of Epic Nutra’s knowledge, it operates legally under both state and federal law in the United States, United Kingdom law, and the other countries it distributes to, and; however, it is impossible for the Company to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities and counties) relating to industrial hemp-derived products. Epic Nutra isn’t responsible for any potential legal matters that may arise due to such local regulations.
You are solely responsible for compliance with any laws governing the purchase and use of the products available through Epic Nutra’s website or a website linked to Epic Nutra’s website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT EPIC NUTRA ’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY EPIC NUTRA OR BY A WEBSITE LINKED TO EPIC NUTRA’S WEBSITE. IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE THAT YOU UNDERSTAND AND AGREE it is your sole responsibility as buyer to determine if industrial hemp derived products are legal according to the laws that apply to you and represent and warrant that you have read this disclaimer and that all products purchased will be used in a lawful manner and that you are of legal age to purchase and use such products.
You understand and agree that the limitations on liability set forth above apply to the foregoing.
Arbitration and waiver of class action
YOU AND EPICN NUTRA AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. We will submit to binding arbitration in any event.
YOU AND EPIC NUTRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND EPIC NUTRA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding.
In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit.
IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS.
As stated in these Terms of Service, Nevada law governs this entire agreement, but the parties acknowledge that this agreement evidences a transaction involving interstate commerce, and that notwithstanding the stated governing state law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
SMS (Text Messaging) Terms and Conditions
The following provisions apply specifically and only to Epic Nutra’s use of text messaging for marketing and non-marketing purposes. Please read them carefully before opting to receive text messaging from Epic Nutra.
• How to Opt-In.
• How to Opt-Out.
Text Messages are intended to provide you with information about your order, including processing and delivery information, and/or marketing or promotional information about Epic Nutra ’s goods and services (e.g., product launches, promotions, coupons, and Epic Nutra -sponsored events). SMS text messaging service is optional and is not a condition for purchase of Epic Nutra products or use of our website. You can opt out of receiving any further Text Messages from Epic Nutra at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from Epic Nutra or email [firstname.lastname@example.org]
• Costs for Text Messages.
In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier (such as T-Mobile, AT&T, Verizon, Metro, or Sprint). Please consult your wireless service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number
Text Message services are provided on an “AS-IS” basis. Delivery of information and content to a mobile phone device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Epic Nutra ’s control. Neither Epic Nutra nor the wireless carriers will be responsible or liable for any issues arising from delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. If your carrier does not permit SMS messages, you may not receive the Text Messages.
• Change in Phone Number.
If you change or deactivate the mobile phone number(s) you provided to Epic Nutra , you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our Text Messages unless you also unsubscribe (opt-out) via the above procedures. You agree to indemnify Epic Nutra in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us of a change in your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
• Termination of Text Messaging.
Epic Nutra may suspend or terminate your SMS text message account including your receipt of Text Messages from us if we believe you are in breach of these SMS Terms and Conditions. Your receipt of Text Messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Epic Nutra reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Text Messages, with or without notice.
• DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER. IMPORTANT – PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH EPIC NUTRA , INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY OPTING-IN TO SMS TEXT MESSAGING, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
• Informal Process First.
You agree that in the event of any dispute between you and Epic Nutra , you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these terms.
• BINDING ARBITRATION for DISPUTE RESOLUTION. Any dispute, controversy or claim arising from or relating in any way to your use of SMS Text Messaging through Epic Nutra ’s website and/or the receipt of Text Messages from Epic Nutra , including by you opting-in or opting-out of receiving Text Messages or you receiving text message from, or sending text messages to, Epic Nutra (each a “claim” and collectively, “claims”), will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
• Waiver of Jury Trial and Class Action Waiver.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these SMS Terms and Conditions and Arbitration Agreement as a court would. You acknowledge and agree that you and Epic Nutra are each waiving, to the fullest extent permissible by law, the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Epic Nutra otherwise expressly agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration Epic Nutra and you each waive any right to a jury trial.
You and Epic Nutra each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
• Arbitrator and Rules.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed and administered by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Optional Expedited Arbitration Procedures then in effect will apply (the “JAMS Rules”), except as modified by this Agreement. The JAMS Rules are available at https://www.jamsadr.com/
or by calling 1-800-352-5267
. The discovery or exchange of non-privileged information relevant to the dispute shall be allowed in accordance with the JAMS Rules. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms and Conditions, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Colorado.
• Starting an Arbitration.
If you intend to seek arbitration, you must first send written notice to Epic Nutra of your intent to arbitrate ("Notice"). The Notice to Epic Nutra should be sent by any of the following means: (i) E-mail to Support@EpicNutra.com; or (ii) sending the Notice by U.S. Postal Service certified mail or Federal Express or other nationally recognized courier, with signature required for delivery confirmation, to Epic Nutra at [400 S 4th Stree Suite 500 Las Vegas NV 89101] . The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within forty-five days (45) days after the Notice is received, you or Epic Nutra may commence an arbitration proceeding.
• Format of Proceedings.
The arbitration will be conducted, at the option of the party seeking relief, by telephone, video conference, online, or based solely on written submissions; additionally, you may choose to have the arbitration conducted in person in the county where you live or at another mutually agreed location.
If you initiate arbitration, your arbitration fees will be limited to the consumer filing fee of $250 as set forth in the JAMS Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Epic Nutra will pay all other JAMS and professional fees and expenses for the arbitrator’s services. If Epic Nutra is the claiming party initiating an arbitration against you, we will be required to pay all JAMS costs and arbitrator fees, including the filing fee. If the arbitration is conducted in California, you are not required to pay the arbitration fees and costs even if Epic Nutra is the prevailing party.
Epic Nutra will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claim is frivolous.
• Arbitration Award.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing with a concise written statement of the essential findings and conclusions of which the award is based. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If any provision of this Arbitration Agreement (other than the Class Action Waiver above) is found to be illegal or unenforceable, that clause will not apply, but all enforceable provisions will remain valid. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Arbitration Agreement will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your Text Message account with Epic Nutra or our affiliates and your discontinued use of this website. Notwithstanding any provision in this Arbitration Agreement to the contrary, Epic Nutra agrees that if we make any change to this Arbitration Agreement (other than a change to the Notice addresses or correction that has not material effect on your rights under this Arbitration Agreement), you may reject any such change and require us to adhere to the language in this Arbitration Agreement.
• Changes to SMS Terms and Conditions.
Epic Nutra may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Epic Nutra ’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Text Messages will indicate your acceptance of those changes.
• Contact Us.
If you have questions regarding these SMS Terms and Conditions, please reach out to us by submitting a “contact us” form on the website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.