OVERVIEW
IMPORTANT: PLEASE READ AND UNDERSTAND THESE TERMS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER ON WWW.MUSCLEMONSTERS.COM. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS (SEE SECTIONS 14 AND 15). PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS AS THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The policies, terms, and conditions set forth below govern your use of www.musclemonsters.com, including any subdomains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Muscle Monsters LLC (“Muscle Monsters,” “we,” “our,” “us”). Please read them thoroughly. We provide the Website, including all information, tools, goods, and services accessible via the Website, to you, the user, on the condition that you accept all of the terms, conditions, policies, and notices contained here. You agree to the conditions set out in this document by accessing, using, or making an order via the Website. You are not permitted to use the Website in any way or form if you do not agree to these terms and conditions in their entirety.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT.

You may always access the most recent version of the Terms on this page (https://musclemonsters.com/policies/terms-of-service). By making updates and/or modifications to our Website, we retain the right to update, alter, or replace any portion of these Terms. It is your duty to check this page for updates on a regular basis. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE AFTER ANY CHANGES ARE POSTED CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF MATERIALS
OVERVIEW
USE OF A WEBSITE
DISCLOSURE OF PRIVACY AND SECURITY
WEBSITE USER CONDUCT RESTRICTIONS AND GENERAL CONDITIONS
PRODUCTS ARE SOLD SOLELY FOR PERSONAL USE AND AS PART OF A HEALTHY LIFESTYLE.
NO MEDICAL ADVICE, AND INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
CHANGES TO THE WEBSITE AND PRICES
PAYMENT
ORDER ENTRY AND ACCEPTANCE
SUBSCRIPTIONS
SHIPPING
VERIFICATION OF DELIVERY
REFUNDS AND RETURNS
MEDIA ON THE INTERNET
WARRANTIES ARE DISCLAIMED
LIABILITIES DISCLAIMER
CLASS ACTION WAIVER AND MANDATORY BINDING ARBITRATION FOR DISPUTES
INDEMNIFICATION
WEBSITES AND LINKS PROVIDED BY THIRD PARTIES
REVIEWS, TESTIMONIALS, AND OTHER SUBMISSIONS
NOTICE REGARDING THE DIGITAL MILLENNIUM COPYRIGHT ACT
ELECTRONIC TRANSMISSION
ASSIGNMENT
THERE IS NO WAIVER.
THERE IS NO AGENCY RELATIONSHIP.
SEVERABILITY
TERMINATION
COMPLETE AGREEMENT
QUESTIONS OR FURTHER INFORMATION
USE AND SALE TERMS AND CONDITIONS

1. USE OF A WEBSITE
   You signify that you are at least the age of majority in your state or province of residence by using the Website and agreeing to these Terms. If you use the Website, you confirm that you have the legal ability to enter into a contractual contract with us, that you have read this Agreement and understand and agree to its terms, and that you have read this Agreement and understand and agree to its provisions.
2. DISCLOSURE OF PRIVACY AND SECURITY
   Our privacy statement is available at https://musclemonsters.com/policies/privacy-policy. The Privacy Policy is thus incorporated into and made a part of these Terms by reference. Muscle Monsters retains the right to change its privacy policies at any time.
3. WEBSITE USER CONDUCT RESTRICTIONS AND GENERAL CONDITIONS
   All components of our Website are protected by copyright, trademark, and other intellectual property laws in the United States and across the world. By downloading or using the Website or any of its content, you do not acquire any ownership or other rights.

You agree not to use or try to use the Website or any of its goods or services in any illegal way. You also undertake not to do or try to commit any illegal act on or via the Website, including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) uploading vulgar, obscene, or defamatory information; or (3) any other illegal act.

4. PRODUCTS ARE SOLD SOLELY FOR PERSONAL USE AND AS PART OF A HEALTHY LIFESTYLE.
   You agree to use any items or services purchased from Muscle Monsters and/or our Website for personal, non-commercial purposes only. You agree not to resell, re-distribute, alter, or export any product purchased on the Website.

Muscle Monsters makes no guarantees that you will meet your fitness, health, and/or wellbeing objectives. All goods and services must be utilized in conjunction with a healthy lifestyle that includes proper diet, exercise, and self-care. Your findings may differ based on a number of variables specific to you, such as your age, health, and genetics.

5. NO MEDICAL ADVICE, AND INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
   The content on the Website is offered for general informational purposes only and is not meant to be medical advice or a replacement for professional medical advice. The Food and Drug Administration has not reviewed the assertions on this Website, and they are not meant to diagnose, treat, cure, or prevent any illness. Before starting any workout program, altering your diet, using any dietary supplement, or utilizing any advice offered by Muscle Monsters, you should see your physician.

While we strive to provide accurate and up-to-date information on our Website, there may be typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right, at any time (including after you have completed your purchase), to rectify any mistakes, inaccuracies, or omissions, and to modify or update information or cancel orders if any information on the Website or any connected website is erroneous.

This Website may provide historical material. Historical material is, by definition, out of date and is given only for your convenience. We retain the right to change the contents of this Website at any time, but we are under no duty to keep any material on our Website up to date. You acknowledge that it is your obligation to keep track of changes to our Website.

6. CHANGES TO THE WEBSITE AND PRICES
   We reserve the right to change or stop access to the Website (or any portion or content thereof) at any time and without notice. We will not be accountable to you or any other person if access to the Website is modified, suspended, or terminated. Certain items or services may only be offered via the Website. These items or services may be restricted in quantity and are only returnable or exchangeable in accordance with our Shipping and Returns Policies.

We have the right to restrict our product sales to any individual, geographic location, or jurisdiction. We may exercise this privilege on an individual basis. All product descriptions and price are subject to change at any moment, without notice, at our sole discretion. Any offer made on this Website for any goods or service is void where prohibited.

7. PAYMENT
   All costs are in US dollars. Dollars. We take Visa, MasterCard, American Express, and Discover credit and debit cards.
   You will need the following items to place an order online:

The billing address is the address to which the card statement is mailed.
The card number as well as the expiry date; and
The three or four-digit code only found on the card (CVV2 code).
By providing us with credit card or other payment information, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) sufficient funds exist to pay us the amount(s) due.

When your credit card expires, we and our third-party payment service providers may request and receive updated credit card information from your credit card issuer, such as updated card numbers and expiry date information. If we or our third-party payment service providers receive such updated information, we will update your account information appropriately. Your credit card issuer may provide you the option to refuse to submit updated credit card information to merchants and third-party payment service providers. If you want to opt out of your credit card’s updating service, contact your credit card company.

We are not liable for any fees or penalties imposed by your bank or credit card company. If your bank or credit card company reverses a charge on your credit card, we may bill you directly and request payment via another means, such as a mailed statement.

8. ORDER ENTRY AND ACCEPTANCE
   Your email order confirmation, or any other form of confirmation, does not imply that we have accepted your order. We retain the right to accept or reject any shipment for any reason. If we reject your purchase, we will provide a refund to your original method of payment. You acknowledge and agree that we will not be held accountable for any losses or damages incurred as a consequence of our refusal to supply you with any service or product. Before processing any purchase, we retain the right to request more information.
9. SUBSCRIPTIONS
   If you go to the Website to buy a product, you may have the choice of purchasing a one-time product or a subscription. If you buy a subscription, it is automatically billed to the credit card you supplied when you bought the subscription and delivered to you every thirty (30) days until you cancel the subscription. In the event that your credit card information changes, we may employ an account updater to automatically update it, in which case your renewal will be billed to the updated account information. If you want to cancel your subscription, you may do so at any time; however, you must cancel your subscription at least twenty-four (24) hours before your next shipment is due to arrive in order to avoid receiving your next planned order. To cancel your membership, just log into your account and contact Customer Support at (407) 603-9225 or support@musclemonsters.com.
10. SHIPPING
    Muscle Monsters delivers via USPS to destinations in the United States and overseas. Orders are typically sent within 24-48 business hours after being placed. Domestic orders are normally delivered within three days after shipping. International delivery times vary depending on location.

It is necessary to provide an accurate mailing address and phone number. If you submit inaccurate delivery address information, we are not liable for late or missing goods. If you detect an error with your purchase after it has been processed, please contact Customer Support immediately (407) 603-9225/support@musclemonsters.com). To change or cancel your pending order, please contact us as soon as possible. However, since we regularly ship the same day you buy, we cannot promise that we will be able to change your order to reflect your instructions.

11. VERIFICATION OF DELIVERY
    Because various events beyond our control may occur at your delivery location, you agree that any delivery confirmation supplied by the courier is regarded adequate evidence of delivery to the card holder, even without a signature.
12. REFUNDS AND RETURNS
    We want you to be happy with every Muscle Monsters purchase you make, however sometimes a product does not live up to your expectations. If you are unhappy with your purchase for any reason, please see our Returns and Refunds Policy for particular information about your transaction.

We want you to be happy with every Muscle Monsters purchase you make, however sometimes a product does not live up to your expectations. If you are dissatisfied with our product or it comes damaged, you may return or exchange the unused part for a full refund within thirty (30) days of the date the product was originally supplied to you, subject to the following limitations. To get a complete refund, you must return any unused part of your purchase, have your return accepted, and postmark your return thirty (30) days from the date the product was originally sent to you.

All returned products are subject to the following terms:

To return a product for an exchange or refund, please contact us at (407) 603-9225 or support@musclemonsters.com, and we will provide you with a Return Merchandise Authorization (RMA) number and shipping instructions.
We are unable to process or refund shipments labeled “Return to Sender.”
Refunds will be made to the same credit card or mode of payment used to purchase the goods.
Please submit returns to the address given together with your RMA number to guarantee a refund is completed for you. The RMA number must be clearly marked on the package being returned. Our shipping department is not permitted to receive any shipments that do not have an RMA number.
Returns should be addressed to the following address:

ShipOffers
Muscle Monsters C/O
E 35th Drive, 19655. Suite 100
Aurora, Colorado 80011

We are not liable for products that are lost or stolen. To guarantee correct delivery, we suggest that any returned products be delivered using some form of delivery confirmation method.

It usually takes 5-10 business days or less to complete your refund once the shipping department receives your return. Depending on your banking institution, it normally takes 30 business days for a refund to be sent to your account once it has been processed.

13. MEDIA ON THE INTERNET
    This section applies to anyone who interacts with our social media presence, which includes comment sections, feeds, and other social media presence elements viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

You should not anticipate privacy while utilizing social media platforms since they are locations where public information is exchanged. These Terms and Conditions, as well as our Privacy Statement, do not apply to our Social Media Presence. Because the sites and platforms that host our Social Media Presence are not under our control, they have their own privacy policies and terms of service. The comments and views posted by individuals on social media are their own and do not represent Muscle Monsters’ viewpoints. Comments that some may find improper or offensive may surface on our Social Media Presence and may stay there until we identify them or they are brought to our notice, and we are able to go through the required protocols and technological processes to get them removed. If you observe an abusive or inappropriate post or remark on our Social Media Presence, please report it to the operator of the relevant site or platform using the reporting processes they have established.

14. WARRANTIES ARE DISCLAIMED
    EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. LIABILITIES DISCLAIMER
    EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL MUSCLE MONSTERS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER MUSCLE MONSTERS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, MUSCLE MONSTERS IS FOUND LIABLE UNDER ANY THEORY, MUSCLE MONSTERS’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. CLASS ACTION WAIVER AND MANDATORY BINDING ARBITRATION FOR DISPUTES
    PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MUSCLE MONSTERS AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.

YOU AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT.

A. IN GENERAL
Arbitration is a method of settling a “Claim” without the need for a lawsuit. “Claim” refers to any disagreement between you, Muscle Monsters, or any third-party involved in your account, use of the Website, connection with Muscle Monsters, these Terms, or the Privacy Policy. This includes any and all claims relating to your use or attempted use of the goods, as well as any act or omission on the part of Muscle Monsters or any third-party relating to your use or attempted use of the products. A Claim may be pursued by you, Muscle Monsters, or any other person involved. Should Muscle Monsters have any Claims against you, it commits to final and binding secret arbitration. Similarly, if you have any Claims against Muscle Monsters, you agree to final and binding secret arbitration. You forgo your right to go to court by agreeing to arbitrate and instead agree to submit any Claims to final and binding secret arbitration. You further agree that any claims must be arbitrated individually rather than as a class, that only individual relief is possible, and that claims from more than one customer cannot be arbitrated or combined with those of any other customer. The Federal Arbitration Act (the “FAA”), 9 U.S.C. 1-16, as amended, governs and governs the terms and circumstances of our commitment to final and binding secret arbitration.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief under California’s Consumer Legal Remedies Act (Cal. Civ. Code 1750 et seq. ), Unfair Competition Law (Cal. Bus. & Prof. Code 17200 et seq. ), and/or False Advertising Law (Cal. Bus. & Prof. Code 17500 et seq.) must be arbitrated on a class basis, (b

EXCEPTIONS B.
Regardless of the foregoing, and as an exception to final and binding confidential arbitration, you and Muscle Monsters both retain the right to pursue in small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within that court’s jurisdiction. Muscle Monsters will not seek arbitration in connection with any individual claim that you submit and prosecute correctly in a small claims court, as long as the claim is ongoing in that court.

The following claims are not subject to final and binding arbitration and must be adjudicated only in state or federal courts located in Florida: (i) an action by Muscle Monsters relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Muscle Monsters seeking temporary, preliminary, or permanent injunctive relief, whether prohibited by law. You expressly agree not to bring or join any claims that are excluded from final and binding arbitration under this subsection “b” in any representative or class-wide capacity, including but not limited to any class action or class-wide arbitration. Any small claims court with personal and subject matter jurisdiction over the parties may hear the case. For any other issues not subject to final and binding arbitration under this paragraph “b,” the parties agree to exclusive jurisdiction and venue in Florida’s state and federal courts, and irrevocably waive any objection to such courts’ jurisdiction and venue.

C. PRE-DISPUTE PROCEDURES REQUIRED
We recognize and agree that before filing any Claim against the other, we will provide the other with a written summary of the disagreement, including all relevant documents and information, as well as the proposed resolution. You may give us a written explanation of any disagreement you have with us by U.S. Muscle Monsters, LLC, 1536 Caterpillar St., Saint Cloud, FL 34771. Muscle Monsters will contact you by letter to the billing address you supplied or via email to the email address you provided. You agree to negotiate in good faith with Muscle Monsters or its approved agent about your issue or disagreement. We agree to the dispute resolution rules below if the matter is not resolved within 60 days of receipt of the written dispute. Regardless of the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in a state or federal court in Florida to enforce these Terms or prevent an infringement of a third-party’s or our intellectual property rights, as stated in subsection “b” above. You fully submit to, and permanently waive any objection to, such courts’ exclusive personal jurisdiction and venue in such proceedings.

D. ARBITRATION BEGINS
You and Muscle Monsters agree that any arbitration process must be started within one year of the Claim arising (this includes the appropriate pre-dispute procedures outlined above), and that any arbitration proceeding started beyond that time will be irrevocably barred.

E. LOCATION OF ARBITRATION
If the amount in dispute is $500 or less, the arbitration may be performed over the phone or by written submissions. differently, unless Muscle Monsters agrees differently, the arbitration will be held in Florida, unless you prefer that it be held in another location.

F. THE ARBITRATOR, THE ORGANIZATION, AND THE RULES
We each agree that all Claims, save those exempted under clause “b” above, will be subject to final and binding secret arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Within the time period specified in paragraph “d” above, any party may initiate the arbitration procedure by filing a written demand for arbitration with the AAA and delivering a copy to the other party. The arbitrator must be appointed by agreement of the parties or, if the parties are unable to agree, by the AAA Rules. The arbitration will take place in line with the terms of the AAA’s Consumer Arbitration Rules in force at the time the demand for arbitration is submitted. The AAA’s Rules may be obtained by visiting www.adr.org or calling 1-800-778-7879. The arbitrator shall have single and exclusive power to settle any disagreement concerning the interpretation, construction, validity, application, or enforceability of these Terms, the Privacy Policy, or this arbitration provision. The arbitrator has the sole and exclusive right to decide whether a dispute is arbitrable. The arbitrator shall have the entire and exclusive power to assess whether or not this arbitration agreement may be enforced against a non-signatory to this agreement, as well as whether or not a non-signatory to this agreement can enforce this provision against you or Muscle Monsters.

G. FEES
The AAA’s Rules shall regulate the payment of all filing, administrative, and arbitration costs.

H. RULE OF LAW AND AWARD
The arbitrator shall use Florida substantive law without respect to its conflict of laws provisions. Any award made must include a private written opinion and is final, subject to appeal under the FAA. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

I. ENFORCEABILITY
This clause survives the termination of your Muscle Monsters account or relationship, bankruptcy, assignment, or transfer. If the class action waiver is judged unenforceable (i.e., allowing arbitration to continue as a class or representative action), then this whole arbitration clause is null and invalid and will not apply. If a section of this arbitration provision is declared unenforceable (other than the class action waiver), the other elements of this arbitration agreement will continue in full force and effect.

J. MISCELLANEOUS
Failure or delay in enforcing this arbitration provision in connection with any specific Claim does not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims, except that all Claims must be brought within the one-year limitation period set forth above. This section is the whole arbitration agreement between you and Muscle Monsters and may not be amended unless Muscle Monsters agrees in writing.

AMENDMENTS, K.
Muscle Monsters maintains the right to change the terms of this arbitration agreement at any moment. Continued use of the Website, purchase of a product on or via the Website, or use or attempted use of a Muscle Monsters product constitutes your acceptance of such modifications. If Muscle Monsters makes major modifications to this arbitration clause, you will be notified and given the option to opt out. Continued use of the Website, purchase of a product on or via the Website, or use or attempted use of a Muscle Monsters product constitutes your acceptance of such substantial changes.

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT MUSCLE MONSTERS, LLC, ATTN: LEGAL DEPARTMENT, 1536 CATERPILLAR ST. SAINT CLOUD, FL 34771. TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT.

17. INDEMNIFICATION
    You agree to indemnify, defend, and hold Muscle Monsters, its parent, subsidiaries, predecessors, successors, and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, bu
18. WEBSITES AND LINKS PROVIDED BY THIRD PARTIES
    Our Website may include third-party content or links to third-party websites. We accept no responsibility for any third-party content or websites. Please carefully research and understand the third-party’s rules and procedures before engaging in any transaction. Third-party product complaints, claims, concerns, or inquiries should be addressed to the third-party.
19. REVIEWS, TESTIMONIALS, AND OTHER SUBMISSIONS
    Muscle Monsters may utilize testimonials and/or product reviews in whole or in part, along with the submitter’s name and state/country. Testimonials may be utilized in printed and online media for any purpose related to Muscle Monsters’ goods, as Muscle Monsters chooses in its sole discretion. Testimonials represent the unique experience of the consumers who submit them and may not necessarily reflect your experience with our goods. As mentioned in Section 4, your findings may vary based on a number of variables that are unique to you, such as your age, health, and heredity.

Anything you submit or post to the Website and/or provide us with, including but not limited to photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”), is and will be treated as non-confidential and nonproprietary, and we will have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and cre You represent and guarantee that you are the owner of the Submissions or have appropriate rights to share them with us. All Submissions become our sole and exclusive property and will not be returned to you.

Muscle Monsters also maintains the right to fix grammatical and typographical mistakes, condense testimonials before publication or use, and assess all testimonials before publication or use. Muscle Monsters is under no obligation to utilize any or all of the testimonials or product reviews that are provided. By submitting a testimonial, you acknowledge that you have read, understood, and agree to these Terms. Do not submit a testimonial if you disagree with any of these Terms.

20. NOTICE REGARDING THE DIGITAL MILLENNIUM COPYRIGHT ACT
    This Website keeps particular contact information, including an e-mail address, for notices of alleged infringement of items uploaded on this Website. All notifications should be directed to the following contact person (our agent for notice of alleged infringement):

Notice of Alleged Infringement:

LLC Muscle Monsters
Agent for DMCA/Copyright
Caterpillar Street, 1536
34771 Saint Cloud, FL
Tel: 407-603-9225
Support email: support@musclemonsters.com

You may file complaints about allegedly infringing uploaded content with our agent for notification of claimed infringement, as indicated above, and we shall examine such concerns. If we think in good faith that the uploaded content violates any applicable law, we shall delete or disable access to that material and inform the posting party that the material has been blocked or removed.

The Digital Millennium Copyright Act requires you to include the following information in your notification of alleged copyright infringement: (i) a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number, and/or e-mail address; and (iv) a statement by you that you h Failure to provide all of the above-mentioned information may cause your complaint to be delayed in processing.

21. ELECTRONIC TRANSMISSION
    You agree that we may communicate with you electronically and that such communications, as well as notices, disclosures, agreements, and other communications provided to you electronically, are equivalent to written communications and have the same force and effect as if they were written and signed by the party sending the communication.
22. ASSIGNMENT
    Any attempt to transfer any of your rights under these Terms shall be null and void. Muscle Monsters and its affiliates may, in their sole discretion, transfer all contractual rights and obligations under these Terms without further consent or notification if some or all of Muscle Monsters’ business is transferred to another entity through merger, asset sale, or otherwise.
23. THERE IS NO WAIVER.
    Muscle Monsters’ waiver of any term or condition set forth in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and Muscle Monsters’ failure to assert a right or provision under these Terms shall not be deemed a waiver of such right or provision.
24. THERE IS NO AGENCY RELATIONSHIP.
    As a consequence of acquiring a product from us or using our Website, no joint venture, partnership, employment, or agency relationship occurs between you and us.
25. SEVERABILITY
    If any part of these Terms is found to be illegal, invalid, or unenforceable, such provision shall be enforced to the maximum extent allowed by applicable law, and the unenforceable component shall be regarded severed from these Terms. This finding has no effect on the legality and enforcement of any remaining provisions.
26. TERMINATION
    Sections 2-5, 13-17, 19-25, and 27 of this Agreement, as well as any representations, warranties, and other obligations made or assumed by you, will survive the termination of this Agreement.
27. COMPLETE AGREEMENT
    These Terms, the Agreement, and any policies or operating regulations issued by us on or in relation to the Website comprise the complete agreement and understanding between you and Muscle Monsters, and supersede and replace any previous or contemporaneous agreements. Any discrepancies in the interpretation of these Terms or the Agreement will not be used against the party that wrote them.
28. QUESTIONS OR FURTHER INFORMATION
    Please contact Customer Support by phone or email if you bought a product or service from the Website.

LLC Muscle Monsters
Caterpillar Street, 1536.
34771 Saint Cloud, Florida
Tel: (407) 603-9225
Please contact us at support@musclemonsters.co.