Terms of Service
Last Updated December 14, 2021
These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Aspire Nutrition (“AN,” “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.aspirenutrition.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 AN’s newsletter or purchase of any online service or product offered by AN (collectively, “Online Services”).
Compliance with These Terms of Service
Using our Website and Online Services
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 AN.
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 “AN”, https://www.aspirernutrition.com/, and other trade names, URLs, and Website domain names owned and/or operated by AN, and AN’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of AN (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of AN, which permission may be withheld in AN’s sole discretion. AN 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, AN or its Content suppliers. All software used for our Website (the “Software”) is the property of AN 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 AN’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 AN 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 AN and AN has not reviewed, and is not responsible for, the content of any such third party websites. AN 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.
By using our Website or using an Online Service, you consent to receive communications from AN electronically. Although AN may choose to communicate with you by other means, AN 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 AN sends to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ALL CONTENT CONTAINED ON AN’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH AN OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. AN MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AN 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 acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.
Aspire Nutrition's (AN) Return Policy applies to your purchase of any products from Aspire 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 AN 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: firstname.lastname@example.org 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 AN 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. AN 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.
- In the case that a Subscribe & Save member wishes to return the Product(s) in their subscription Order, they acknowledge that AN will withhold a 20% fee from their money-back (store credit) for the Product(s).
If these conditions are not met, we cannot guarantee a refund or store credit for your return. Please see the restrictions below.
All eligible refunds for returned subscription Orders will be distributed via an AN Gift Card in the Member’s name.
Aspire 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 AN Gift Certificate) subject to AN’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 email@example.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 AN
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.
Aspire Nutrition is NOT responsible for lost or stolen Packages, Packages sent to the wrong address, or for refunding or replacing Packages in these cases.
AN is not responsible for any Package(s) once it is in the hands of USPS, FedEx, DHL, 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 AN Gift Card and/or are subject to a 20% restocking fee at the Customer’s expense.
Aspire Nutrition's (AN) Subscription Policy
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 AN Website, by calling our customer service line at 407-988-2275, or by emailing us at firstname.lastname@example.org. Members have full autonomy to skip Orders, change their auto-delivery to the frequency of their choice, and cancel their subscription.
If members cancel their AN Subscription, they will forfeit their discounted pricing on any & all subscription Products, free shipping for each subscription Order, and access to the AN Masterclass.
Unless members notify AN before their auto-renewal Order processes, they understand and acknowledge that their AN 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 AN 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 AN Gift Card in the Member’s name.
From time to time, AN may endorse, promote or suggest services and/or products. AN’s recommendations will be based solely on AN’s determination that the service/product is of value to Users based on a review thereof by AN, and/or AN’s relationship with the provider/producer of such service/product and/or AN’s prior usage of such service/product. AN may be compensated for its recommendations. AN may receive sample services/products for the purpose of conducting a review thereof. AN’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 AN’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 AN provides a review shall be solely the responsibility of the person utilizing such service/product and AN 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 AN
Any liability of AN, 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 AN from any User in connection with such use of, registration for and subscription to any Online Services. AN 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, AN 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 AN 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.
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 December 14, 2021)
Copyright 2018 - Martin Orefice, Aspire Nutrition - All Rights Reserved