Weekday Warriors Terms of Service
Last Updated: 07/17/2018
Thanks for visiting Weekday Warriors! We provide services and products to you subject to the following conditions. If you visit or shop at website or other online stores, you accept these conditions. Please read them carefully.
Your use of this Site indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Weekday Warriors.
IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. WE MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE OR THE SERVICES.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME.
When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use.
The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is expressly prohibited.
Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement.
Transaction Terms & Notice
When you buy from Weekday Warriors using this Site or any other sales channel controlled by Weekday Warriors, you are agreeing to be purchasing from our offices in Kerrville, Texas. You agree that your purchase is made in the State of Texas inside of Kerr County. The State of Texas may charge you sales tax for your purchase which, Weekday Warriors is obligated to collect and remit to the state and county tax authority. Your state, defined by the mailing address you have Weekday Warriors ship your order to, may require you to pay Use Tax. You are personally liable for this Use Tax and Weekday Warriors will not collect or remit this tax on your behalf.
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. For your convenience, we may save your bank or credit card information, but only you decide to allow us to. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the shipping carrier. If you would like to receive a refund for any reason, please contact us at firstname.lastname@example.org. Refunds will be issued by us in our sole discretion and in accordance with our Return Policy
Access to Third Party Information
In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Disclaimer and Limitation of Liability as to Products Sold
Weekday Warriors is committed to provide high quality sports nutrition and health supplements to our customers. Weekday Warriors, as a retailer of quality supplements and sports products, shall not be responsible for any errors or omissions that might be contained within this web Site. Weekday Warriors reserves the right to make changes to its website without notice. Accordingly, all Weekday Warriors and third party information is provided "as is". Weekday Warriors is not responsible for the content of any other web site linked to any Weekday Warriors web Site. Links are provided as Internet navigation tools only.
Weekday Warriors makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Weekday Warriors Sites. Under no condition will Weekday Warriors be liable for any damages whatsoever, and in particular Weekday Warriors will not be liable for special, indirect, consequential, or incidental damages, or damages for lost properties, loss of revenue, or loss of use, arising out of or related to any Weekday Warriors Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. The sole and exclusive maximum liability to Weekday Warriors arising from any product sold on the Weekday Warriors Sites shall be the price of the product ordered.
Buyers agree that by purchasing products from Weekday Warriors, they have reviewed their dietary and supplement choices with a certified health professional and have been cleared by this professional to use the products of Weekday Warriors. Weekday Warriors is not liable for any damage, health or otherwise, that may arise from using our products without proper supervision from a health professional. Please make sure to consult your health profession before using any of Weekday Warriors’ products.
Weekday Warriors will provide its best effort to make sure all products are safe for use by professional athletes. Weekday Warriors cannot be held liable for the failure of anti-drug or anti-doping tests performed by third-party or government agencies. By purchasing a product from Weekday Warriors, you agree that you have read and understand the ingredients in and listed on the product(s). It is the sole responsibility of the buyer to understand which substances are illegal for their sport or competition.
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Weekday Warriors does not make representations or claims regarding the effects or intended effects of our products. Statements made by Weekday Warriors have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.
Disclaimer and Limitation of Liability as to the Weekday Warriors Web Sites
The Weekday Warriors Site and the materials therein are provided by Weekday Warriors, which makes no representations or warranties, either express or implied, of any kind with respect to the Weekday Warriors Sites, their operations, contents, information, or materials. Weekday Warriors expressly disclaims all warranties, express or implied, of any kind with respect to the Site or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Weekday Warriors, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Weekday Warriors Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
You agree to indemnify, defend and hold harmless Weekday Warriors, Inc., its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account, or your ability or inability to use the Site and Services, including any products purchased thereon.
Weekday Warriors attempts to be as accurate as possible. However, Weekday Warriors does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Weekday Warriors itself is not as described, your sole remedy is to return it in unused condition.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information or labeling received from our suppliers, Weekday Warriors shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Weekday Warriors shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. In the event of any error in labeling, your sole remedy is to return the product in un-used condition for refund of the purchase price. If your credit card has already been charged for the purchase and your order is canceled, Weekday Warriors shall immediately issue a credit to your credit card account in the amount of the charge.
Copyright and Trademark Notice
This Site is fully owned and operated by Weekday Warriors. Unless otherwise specified, all materials appearing on this Site, including the text, Site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Weekday Warriors, Copyright 2010-2018, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Weekday Warriors or their respective content providers. All software used on the Site is the sole property of Weekday Warriors or those supplying the software. You may use the content of this Site only for the purpose of shopping on this Site or placing an order on this Site and for no other purposes. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Weekday Warriors’ prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Weekday Warriors is a registered trademark of Weekday Warriors, Inc. All custom graphics, icons, logos and service names are copyright protected work of Weekday Warriors. All other trademarks or service marks are property of their respective owners. The use of any Weekday Warriors trademark or service mark without Weekday Warriors express written consent is strictly prohibited.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Weekday Warriors reserves the right at any time after receipt of your order to accept or decline your order for any reason. Weekday Warriors reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order of any amount.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.
Jurisdiction and Venue
You agree that any legal action brought against Weekday Warriors shall be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of, participation or orders made on the Weekday Warriors Sites shall be an appropriate federal or state court located in Kerr County, Texas.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.
Weekday Warriors does not sell products for purchase by children. Buyer represents that by purchasing products on Weekday Warriors website that the buyer is over the age of 18.