Terms of Service
Last Updated on June 23, 2020
TERMS OF SERVICE

These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and All-Star Nutrition (“ASN,” “us,” “our,” or “we”). These Terms of Service set forth the terms and conditions that apply to your access to and use of https://www.myallstarnutrition.com/ and our related technology systems (collectively, the “Website”). 

These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to ASN’s newsletter or purchase of any online service or product offered by ASN (collectively, “Online Services”).

Please read these Terms of Service and our Privacy Policy carefully prior to your use of our Website and/or your registration for, purchase, or use of any of our Online Services. By submitting information to ASN, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which ASN, in its sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

Compliance with These Terms of Service

You agree to comply with all federal, state and local laws, rules and regulations regarding online conduct and transmission of information. To determine your compliance with these Terms of Service, the Privacy Policy and any applicable laws, ASN reserves the right, but not the obligation, to monitor your use of the Website and our Online Services. ASN reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of these Terms of Service, the Privacy Policy and/or any applicable laws.

Using our Website and Online Services

You are only entitled to use our Website for lawful purposes and pursuant to the terms and conditions of these Terms of Service, the Privacy Policy, and applicable laws. Your use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website, or other actions that ASN, in its sole discretion and from time to time, may elect to take. ASN reserves the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.

You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of ASN.

You shall not be permitted to do any of the following, as determined by ASN, in its sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service, our Privacy Policy, or applicable law; (b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service; or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.

You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.

Intellectual Property Rights

The name “ASN”, https://www.myallstarnutrition.com/, and other trade names, URLs, and Website domain names owned and/or operated by ASN, and ASN’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of ASN (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of ASN, which permission may be withheld in ASN’s sole discretion. ASN makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.

The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, ASN or its Content suppliers. All software used for our Website (the “Software”) is the property of ASN or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.

You shall be solely responsible for any damage resulting from your infringement of ASN’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by ASN or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.

Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by ASN and ASN has not reviewed, and is not responsible for, the content of any such third party websites. ASN makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.

Electronic Communications

By using our Website or using an Online Service, you consent to receive communications from ASN electronically. Although ASN may choose to communicate with you by other means, ASN may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that ASN sends to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ALL CONTENT CONTAINED ON ASN’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH ASN OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. ASN MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ASN HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. 

Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgment of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.

Refund Policy
All-Star Nutrition’s (ASN) Return Policy applies to your purchase of any products from All-Star Nutrition through the company’s Website (collectively, the “Product”). If you ordered an incorrect Product or need to return an unopened Product for other reasons, you must first contact ASN to request a Return. Our support team is available Monday - Friday 9:00 AM - 4:00 PM E.S.T. Please note that this will be a dialogue. An initial request with no further communication does not guarantee a return or redistribution of funds. 

To initiate a request for a return or exchange, please contact us by: 

     - Email: support@myallstarnutrition.com with the subject line reading, “Return [Your Order #]”
     - Telephone: (407) 988-2275 Ext.1
     - Or Online chat

Please note the following conditions:
     - Requests for returns must be initiated within 90 days of delivery of the Product to the Customer,
     - Products must be returned and received by ASN in original condition (unopened). We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the Package.
     - Returns must be received within 14 days of an             - Accepted Return Request.
     - Return Packages with insufficient postage will not be accepted. ASN is not responsible for providing or paying for return labels. 
     - For International Returns: There will be a return shipping fee of CAD$20 for Canadian returns, EUR€20 for French, German and Italian returns, and GBP£15 for returns from the United Kingdom.

If these conditions are not met, we cannot guarantee a refund or store credit for your return. 

Please see restrictions below.

All-Star Nutrition’s 90-Day Money-Back Guarantee applies to all Orders delivered within 90 days. This 90 day window begins at the time the shipping carrier (i.e. United States Postal Service) marks your Package as delivered. 

If you are not satisfied with a Product, only the first one-time Order of each Product is eligible for a refund which will be processed to the same payment method as the initial purchase in the case that: 
     - The Product being refunded was delivered to the Customer within 90 days of the request
     - The Product has not been refunded in another Order in the Customer’s name and/or account

Any subsequent Orders or subscription Orders of the Product may be eligible for a refund in the form of store credit (electronic ASN Gift Certificate) subject to ASN’s discretion if the request is made within 90 days of delivery. 

Please note that refunds are issued in the currency the Order was originally placed in regardless of fluctuations in exchange rate. In the case of a discrepancy between the original charge and the refund, please contact us at support@allstarnutrition.com and we will be happy to issue you a store credit in the amount of the difference, less any shipping charges.

In the event that you have found your Product to be defective upon delivery, you have the right for a replacement or a redistribution of funds to the same payment method as the initial purchase. 

Some exclusions apply. Non-refundable items include: 
     - Shipping costs
     - Tariffs, customs, or taxes imposed during or after shipping
     - Gift cards or gift certificate voucher
     - Free gifts
     - Promotional or clearance items 
     - Discontinued items
     - Products that have been replaced, courtesy of ASN

If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return.

Liability for Shipping and Delivery

If the mailing address associated with your Order is not recognized by our system, two automated verification emails will be sent to your email address on file. If an unverified mailing address is not:
     - Confirmed (via Telephone, Email, or Online Chat)
     - Or manually modified by you (or someone on your behalf)

a member from our team will attempt to contact you up to 3 additional times over the next two-week period. We will allow up to 14 days for a response before we mail your Package to the address As Is. 

All-Star Nutrition is NOT responsible for lost or stolen Packages, Packages sent to the wrong address, or for refunding or replacing Packages in these cases. 

ASN is not responsible for any Package(s) once it is in the hands of USPS, FedEx, UPS or any other carriers.

The Customer is responsible for filing all claims with the postal carrier. 

Any Packages that are processed and received as a “Return to Sender” without prior conversation between the Customer and the Company via email or Telephone may be eligible for an ASN Gift Card and/or are subject to a 20% restocking fee at the Customer’s expense.

All-Star Nutrition’s (ASN) Subscription Policy

Customers become Subscription Members when they electively purchase a Product from ASN’s Website through the “Subscribe and Save” option. By signing up for our Subscribe and Save Program, you agree to the Terms of Service. By submitting information to ASN, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which ASN, in its sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

Subscriptions are applicable to addresses within the United States, Canada, United Kingdom, and Australia only. 

*The Subscription Program will allow an Order (or Preorder) of a Product of the Member’s choice to be created (and, therefore, fulfilled and shipped) automatically in intervals based on the auto-renewal frequency the Member selected and/or agreed to at initial sign up or as updated in their account.
Members will automatically be billed and Products will automatically ship based on the frequency they selected at checkout or updated in their account. Prices at initial sign-up are locked in for future auto-renewal Orders. Subscription Order discounts cannot be combined with any other coupons or promotions. 
Before every automatic charge and each subscription Order processes, members will receive an email notification 3 days prior and/or a text notification 7 days prior.

Members may modify billing and delivery schedule anytime by either logging into their account on the ASN Website, by calling our customer service line at 407-212-7368, or by emailing us at support@allstarnutrition.com. Members have full autonomy to skip Orders, change their auto-delivery to the frequency of their choice, and cancel their subscription.

Subscription Cancelations

If members cancel their ASN Subscription, they will forfeit their discounted pricing on any & all subscription Products, free shipping for each subscription Order, and access to the ASN Masterclass. 

Unless members notify ASN before their auto-renewal Order processes, they understand and acknowledge that their ASN Subscription Order cannot be canceled, and they authorize us to collect the applicable subscription Order fees, including any applicable taxes, using any saved payment method we have on record for them. 

In the case that a Member wishes to return the Product in their subscription Order, they acknowledge that ASN will withhold a 20% fee from their money-back (store credit) for the Product. All eligible refunds for returned subscription Orders will be distributed via an ASN Gift Card in the Member’s name. 

Affiliate Disclaimer

From time to time, ASN may endorse, promote or suggest services and/or products. ASN’s recommendations will be based solely on ASN’s determination that the service/product is of value to Users based on a review thereof by ASN, and/or ASN’s relationship with the provider/producer of such service/product and/or ASN’s prior usage of such service/product. ASN may be compensated for its recommendations. ASN may receive sample services/products for the purpose of conducting a review thereof. ASN’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet ASN’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which ASN provides a review shall be solely the responsibility of the person utilizing such service/product and ASN shall not be liable in any way as a result of any such person’s use of any such service/product.

Limitation on Liability of ASN

Any liability of ASN, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by ASN from any User in connection with such use of, registration for and subscription to any Online Services. ASN will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, ASN shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of ASN to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.

Amendments

We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.

(Last Revised June 23 2020)

All Star Nutrition 
www.myallstarnutrtion.com
Copyright 2018 - Martin Orefice, All-Star Nutrition - All Rights Reserved


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All Star Nutrition 
www.myallstarnutrtion.com
Copyright 2018 - Martin Orefice, All-Star Nutrition - All Rights Reserved