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Terms of Use

NAKED NUTRITION TERMS OF USE

Thank you for visiting the Naked Nutrition website (the “Site”), owned and operated by Naked Whey, Inc. (“Naked”, “We”, “Our”). It is important that you carefully read and understand this Terms of Use (or “Terms”). The Site is available for your use on the condition that you agree to the terms explained below. This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. We may amend these Terms from time to time at our discretion. We will post a notice on the Site any time these Terms have
been changed or otherwise updated. Please review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site.

If you have a specific question, feel free to scroll to the appropriate section below:


1. Where can I find your Privacy Notice?
2. What are the terms of sale?
3. What happens if I share or lose my account information?
4. What age do I have to be to use this Site?
5. Do I have to create an account?
6. How can I delete my account?
7. SMS/MMS Mobile Message Marketing Program Terms & Conditions
8. Can I review a product?
9. How do I comply with intellectual property laws?
10. Do you link to third party sites?
11. Disclaimers and Limitations on Liability.
12. Indemnity.
13. What governing law applies?
14. Can I bring a class action lawsuit?
15. What if I live outside of the United States?
16. Whom should you contact with questions or concerns?
17. General Provisions
18. When was this notice last updated?
19. Contact Us


1. Where can I find your Privacy Notice?


Naked respects your privacy. Our Privacy Policy governs the use of information collected from or provided by you at the Site. A complete statement of our current Privacy Policy can be found at:
www.nakednutrition.com/pages/privacy-policy. Our Privacy Policy is incorporated herein by reference.


2. What are the terms of sale?


All product sales from the Site are governed by any terms of sale that may be posted on the Site. By ordering and/or accepting delivery of the products, you agree to be bound by these terms. These terms of sale are subject to change without prior notice at any time, at our sole discretion so you should review
them each time you make a purchase.

You agree to pay in full the prices, plus any applicable taxes, for any purchases at the time of your online order by using any payment means acceptable to Naked. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You may not resell any products purchased through or via any of the Properties for commercial purposes.


Refund Policy


Unopened and unused items may be returned within 14 days for a full refund or exchange, less any shipping charges. Products may not be returned to the sender or our PO Box as a special label must be sent to the customer for a proper return. We recommend you insure your returns. No refunds or returns for items sold "as is".


Coupons, Subscriptions, and Promotions
Coupons, subscriptions, and other promotions may not be combined.

Shipping Information
You can find a link to our Shipping Information here: https://nakednutrition.com/pages/shipping-information


3. What happens if I share or lose my account information?


If you open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide a
user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You may share your account, username, or password with someone else at any time. You agree to notify us
immediately of any unauthorized use of your account, user name, or password. We are not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Naked, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. We reserve the right to terminate your account at any time.


4. What age do I have to be to use this Site?

Naked is not intended for users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Site for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained.

You may only order products if you are 18 years old or older.   If you place an order, you promise that you are 18 years old or older.  If you are under the age of 18 and would like to purchase a product, your parent or guardian should place the order for you.


5. Do I have to create an account?


Naked may require that you register and/or set up an account to use all features of the Site. In order to do so, you are required to provide a unique username, and choose a strong password. If any of your information changes, you should update it on the Site. You may not pretend to be somebody else when registering and/or setting up an account on the Site. You may not authorize others to use your account. You may not sub-license, transfer, sell or assign your account without our written approval. Any attempt to do so will be null and void and shall be considered a material breach.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.


6. How can I delete my account?

By logging into your account, you can delete your credit card information.  We never save your full credit card information – only the type of card used (Visa, MasterCard, American Express, etc.), the last four digits of your card number, and the expiration date are logged. If you would like to permanently
delete your account, you can email us at questions@nakednutrition.com. Please note, your name, order history, billing and shipping address information, your phone number, and email address cannot be deleted from our system during a transaction.

7. SMS / MMS Mobile Message Marketing Program Terms & Conditions

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Naked Nutrition (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at questions@nakednutrition.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Coral Gables, Florida before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Naked Nutrition’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.


8. Can I review a product?

Yes! We love hearing from our customers. Feel free to click on “Write A Review” from the specific product page. Please keep the following restrictions in mind when leaving a review though:

  • You own and are entirely responsible for any content or materials that you may submit or transmit (“User Content”). All User Content is and will be considered non-confidential and non- proprietary. We are not required to host, display, or distribute your User Content and we may remove it at any time.
  • You acknowledge and agree that you waive any rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content.
  • We may use any or all your User Content, anywhere in the world for an unlimited period of time, for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you.
  • You promise that: (a) you own or have acquired all of the rights in your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (c) your User Content complies with this Terms.
  • We may, but are not required to, monitor and review your User Content.
  • Please do not post any User Content that constitutes junk mail or spam. Please do not repeat the same posting multiple times in a day or week.
  • You agree not to use any obscene, indecent, or offensive language or to post any User Content that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. Please refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks.
  • You may not post any User Content that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

 

9. How do I comply with intellectual property laws?


Trademarks. The Naked name and logo are trademarks and service marks of Naked. You do not have the right to use any of Naked’ trademarks, service marks, or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.


Ownership. You acknowledge and agree that Naked, or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international
copyright laws. Further, you acknowledge that the Site may contain information that Naked has designated as confidential and you agree not to disclose such information without Naked prior written consent.

 

10. Do you link to third party sites?

Naked may link to or be linked from other websites that are not maintained by, or related to, Naked. Naked does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that Naked has not reviewed and does not endorse the content of all sites linked to from the Site and is not responsible for the content or actions of any other sites linked to from
the Site. We do not promise that the contents of any linked website are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

The Site includes features that operate in conjunction with certain third-party social networking websites, such as Facebook, Instagram, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. You understand and acknowledge that the Site is not endorsed or certified by any of the aforementioned social networking websites. In addition, you agree that any content posted through the Social Network Features complies with the respective social network’s terms of use.


11. Disclaimers and Limitations on Liability.

Naked provides its Site to you on an “as is” and “as available” basis. Naked cannot guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date. Naked makes no representations – your use the site is at your sole risk. We do not warrant that any information provided is accurate, reliable, up-to-date or correct, or that the Site will be available at any particular time or in any particular location. We also do not guarantee that the Site is free from viruses or other harmful components.

Naked and its affiliates, shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your use of the Site, the sale or purchase of any goods or merchandise, your access to or inability to access the Site, including for viruses alleged to have been obtained from the Site, your use of or reliance on the Site or any of the merchandise, information or materials available on the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states (including, but not
limited to: Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Vermont, Washington, West Virginia, and the District of Columbia), may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this site. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


Health and Food Allergy Disclaimer.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE HEALTH AND NUTRITIONAL INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL, CONTAINED ON THE SITE, IS FOR EDUCATIONAL PURPOSES ONLY. You should not rely on this information as a substitute or replacement for professional medical advice, diagnosis, or
treatment. If you have any concerns or questions about your health, please consult with a physician or other medical health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Site.
Causes for being overweight or obese vary from person to person. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. Nothing in this agreement or our statements should be construed as a promise or guarantee that a user will achieve his or her desired goal.

Research developments may impact the health and nutritional advice that appears on the Site. No assurance can be given that the information contained on the Site will always include the most recent developments.

Customers concerned with food allergies need to be aware of these risks and should confirm all food allergies and intolerances before preparing or consuming any items. Naked is not responsible for identifying ingredients that may cause allergic reactions for those with food allergies. IF YOU THINK YOU HAVING AN ADVERSE REACTION TO ANY FOOD ITEM, STOP IMMEDIATELY. TO THE
EXTENT YOU BELIEVE YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

 

12. Indemnity.

You agree to indemnify, defend, and hold harmless Naked, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Naked will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

13. What governing law applies?

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Coral Gables, Florida, United States of America in all disputes arising out of or related to the use of the Site.

 

14. Can I bring a class action lawsuit?

No Class Or Representative Proceedings: Class Action Waiver. YOU AND NAKED 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 ACTION. Unless both you and Naked agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

 

15. What if I live outside of the United States?

The Site is hosted and operated entirely in the United States and is subject to United States law. Please do not provide us with any information or attempt to purchase our products if you live outside of the United States. We only ship outside of the United States through local Amazon or eBay sites. If you are from a jurisdiction outside of the United States and have submitted your information, please notify us so that we may take necessary action. This may include terminating your account and deleting your information. We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us at questions@nakednutrition.com.


16. Whom should you contact with questions or concerns?

If you have any questions or comments relating to the Naked Site or this Terms, send an email to questions@nakednutrition.com or call our customer service team at (877) 432-5068.

 

17. General Provisions

Severability. If any part of this Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to this Terms.

No Waiver. Our failure to enforce any provision of this Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Naked of any provision, condition or requirement of this Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

Equitable Remedies. You acknowledge and agree that Naked would be irreparably damaged if the terms of this Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any
breach of this Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Terms, including the documents referenced in this Terms, constitutes the entire agreement between you and Naked with respect to the Site and supersedes any and all prior agreements between you and Naked relating to the Site.

 

18. When was this notice last updated?

April 15, 2020.


19. Contact Us

If you have any questions or comments relating to the Site or this Terms of Use, you can send an email to at questions@nakednutrition.com.