Disclaimer

&NewLine;<h2 class&equals;"wp-block-heading"><strong>TERMS OF SERVICE AGREEMENT<&sol;strong><&sol;h2>&NewLine;&NewLine;&NewLine;&NewLine;<p>PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY&period; BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>This Terms of Service Agreement &lpar;the &OpenCurlyDoubleQuote;Agreement”&rpar; governs your use of this website&comma; &lbrack;Https&colon;&sol;&sol;www&period;weirdnotion&period;com&sol;&rsqb; &lpar;the &OpenCurlyDoubleQuote;Website”&rpar;&comma; &lbrack;WeirdNotion&rsqb; &lpar;&OpenCurlyDoubleQuote;WeirdNotion”&rpar; offer of products for purchase on this Website&comma; or your purchase of products available on this Website&period; This Agreement includes&comma; and incorporates by this reference&comma; the policies and guidelines referenced below&period; &lbrack;WeirdNotion&rsqb; reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website&period; &lbrack;WeirdNotion&rsqb; will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised&period; The changed or revised Agreement will be effective immediately after it is posted on this Website&period; Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions&period; &lbrack;WeirdNotion&rsqb; encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website&period; This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with &lbrack;WeirdNotion&rsqb; for other products or services&period; If you do not agree to this Agreement &lpar;including any referenced policies or guidelines&rpar;&comma; please immediately terminate your use of the Website&period; If you would like to print this Agreement&comma; please click the print button on your browser toolbar&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>I&period; PRODUCTS<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;<p>Terms of Offer&period; This Website offers for sale certain products &lpar;the &OpenCurlyDoubleQuote;Products”&rpar;&period; By placing an order for Products through this Website&comma; you agree to the terms set forth in this Agreement&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>Customer Solicitation&colon;<&sol;strong>&nbsp&semi;Unless you notify our third party call center reps or direct &lbrack;WeirdNotion&rsqb; sales reps&comma; while they are calling you&comma; of your desire to opt-out from further direct company communications and solicitations&comma; you are agreeing to continue to receive further emails and call solicitations &lbrack;WeirdNotion&rsqb; and it’s designated in house or third party call team&lpar;s&rpar;&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>Opt Out Procedure&colon;<&sol;strong>&nbsp&semi;We provide 3 easy ways to opt out of from future solicitations&period; 1&period; You may use the opt out link found in any email solicitation that you may receive&period; 2&period; You may also choose to opt out&comma; via sending your email address to&colon; &lbrack;support&commat;weirdnotion&period;com&rsqb; 3&period; You may send a written remove request to &lbrack;B-8&comma; 1st Floor&comma; Ambey Garden&comma; Libaspur&comma; Delhi-110042&comma; Near Delhi Dharamkanta&rsqb;&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Proprietary Rights&period; &lbrack;WeirdNotion&rsqb; has proprietary rights and trade secrets in the Products&period; You may not copy&comma; reproduce&comma; resell or redistribute any Product manufactured and&sol;or distributed by &lbrack;WeirdNotion&rsqb;&period; &lbrack;WeirdNotion&rsqb; also has rights to all trademarks and trade dress and specific layouts of this webpage&comma; including calls to action&comma; text placement&comma; images and other information&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Sales Tax&period; If you purchase any Products&comma; you will be responsible for paying any applicable sales tax&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>II&period; WEBSITE<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;<p>Content&semi; Intellectual Property&semi; Third Party Links&period; In addition to making Products available&comma; this Website also offers information and marketing materials&period; This Website also offers information&comma; both directly and through indirect links to third-party websites&comma; about nutritional and dietary supplements&period; &lbrack;WeirdNotion&rsqb; does not always create the information offered on this Website&semi; instead the information is often gathered from other sources&period; To the extent that &lbrack;WeirdNotion&rsqb; does create the content on this Website&comma; such content is protected by intellectual property laws of the India&comma; foreign nations&comma; and international bodies&period; Unauthorized use of the material may violate copyright&comma; trademark&comma; and&sol;or other laws&period; You acknowledge that your use of the content on this Website is for personal&comma; noncommercial use&period; Any links to third-party websites are provided solely as a convenience to you&period; &lbrack;WeirdNotion&rsqb; does not endorse the contents on any such third-party websites&period; &lbrack;WeirdNotion&rsqb; &nbsp&semi;is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites&period; If you link to third-party websites&comma; you do so at your own risk&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Use of Website&semi; &lbrack;WeirdNotion&rsqb; is not responsible for any damages resulting from use of this website by anyone&period; You will not use the Website for illegal purposes&period; You will &lpar;1&rpar; abide by all applicable local&comma; state&comma; national&comma; and international laws and regulations in your use of the Website &lpar;including laws regarding intellectual property&rpar;&comma; &lpar;2&rpar; not interfere with or disrupt the use and enjoyment of the Website by other users&comma; &lpar;3&rpar; not resell material on the Website&comma; &lpar;4&rpar; not engage&comma; directly or indirectly&comma; in transmission of &OpenCurlyDoubleQuote;spam”&comma; chain letters&comma; junk mail or any other type of unsolicited communication&comma; and &lpar;5&rpar; not defame&comma; harass&comma; abuse&comma; or disrupt other users of the Website<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>License&period; By using this Website&comma; you are granted a limited&comma; non-exclusive&comma; non-transferable right to use the content and materials on the Website in connection with your normal&comma; noncommercial&comma; use of the Website&period; You may not copy&comma; reproduce&comma; transmit&comma; distribute&comma; or create derivative works of such content or information without express written authorization from &lbrack;WeirdNotion&rsqb; or the applicable third party &lpar;if third party content is at issue&rpar;&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Posting&period; By posting&comma; storing&comma; or transmitting any content on the Website&comma; you hereby grant &lbrack;WeirdNotion&rsqb; a perpetual&comma; worldwide&comma; non-exclusive&comma; royalty-free&comma; assignable&comma; right and license to use&comma; copy&comma; display&comma; perform&comma; create derivative works from&comma; distribute&comma; have distributed&comma; transmit and assign such content in any form&comma; in all media now known or hereinafter created&comma; anywhere in the world&period; &lbrack;WeirdNotion&rsqb; does not have the ability to control the nature of the user-generated content offered through the Website&period; You are solely responsible for your interactions with other users of the Website and any content you post&period; &lbrack;WeirdNotion&rsqb; is not liable for any damage or harm resulting from any posts by or interactions between users&period; &lbrack;WeirdNotion&rsqb; reserves the right&comma; but has no obligation&comma; to monitor interactions between and among users of the Website and to remove any content &lbrack;WeirdNotion&rsqb; &nbsp&semi;deems objectionable&comma; in MuscleUP Nutrition &OpenCurlyQuote;s sole discretion&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>III&period; DISCLAIMER OF WARRANTIES<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;<p>YOUR USE OF THIS WEBSITE AND&sol;OR PRODUCTS ARE AT YOUR SOLE RISK&period; THE WEBSITE AND PRODUCTS ARE OFFERED ON AN &OpenCurlyDoubleQuote;AS IS” AND &OpenCurlyDoubleQuote;AS AVAILABLE” BASIS&period; &lbrack;WeirdNotion&rsqb; EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND&comma; WHETHER EXPRESS OR IMPLIED&comma; INCLUDING&comma; BUT NOT LIMITED TO&comma; IMPLIED WARRANTIES OF MERCHANTABILITY&comma; FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT&comma; OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS&period; &lpar;&OpenCurlyDoubleQuote;PRODUCTS” INCLUDE TRIAL PRODUCTS&period;&rpar;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>WITHOUT LIMITING THE GENERALITY OF THE FOREGOING&comma; &lbrack;WeirdNotion&rsqb; &nbsp&semi;MAKES NO WARRANTY&colon;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE&comma; RELIABLE&comma; COMPLETE&comma; OR TIMELY&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE&comma; RELIABLE&comma; COMPLETE&comma; OR TIMELY&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>NO ADVICE OR INFORMATION&comma; WHETHER ORAL OR WRITTEN&comma; OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES&comma; SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>IV&period; LIMITATION OF LIABILITY<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;&lbrack;WeirdNotion&rsqb; ENTIRE LIABILITY&comma; AND YOUR EXCLUSIVE REMEDY&comma; IN LAW&comma; IN EQUITY&comma; OR OTHWERWISE&comma; WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND&sol;OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID&comma; LESS SHIPPING AND HANDLING&comma; FOR PRODUCTS PURCHASED VIA THE WEBSITE&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;&lbrack;WeirdNotion&rsqb; WILL NOT BE LIABLE FOR ANY DIRECT&comma; INDIRECT&comma; INCIDENTAL&comma; SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER&comma; INCLUDING LIABILITIES RESULTING FROM &lpar;1&rpar; THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS&semi; &lpar;2&rpar; THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT&semi; &lpar;3&rpar; ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE&semi; OR &lpar;4&rpar; ANY LOST PROFITS YOU ALLEGE&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>V&period; INDEMNIFICATION<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;<p>You will release&comma; indemnify&comma; defend and hold harmless &lbrack;WeirdNotion&rsqb;&comma; and any of its contractors&comma; agents&comma; employees&comma; officers&comma; directors&comma; shareholders&comma; affiliates and assigns from all liabilities&comma; claims&comma; damages&comma; costs and expenses&comma; including reasonable attorneys’ fees and expenses&comma; of third parties relating to or arising out of &lpar;1&rpar; this Agreement or the breach of your warranties&comma; representations and obligations under this Agreement&semi; &lpar;2&rpar; the Website content or your use of the Website content&semi; &lpar;3&rpar; the Products or your use of the Products &lpar;including Trial Products&rpar;&semi; &lpar;4&rpar; any intellectual property or other proprietary right of any person or entity&semi; &lpar;5&rpar; your violation of any provision of this Agreement&semi; or &lpar;6&rpar; any information or data you supplied to &lbrack;WeirdNotion&rsqb;&period; When &lbrack;WeirdNotion&rsqb; is threatened with suit or sued by a third party&comma; &lbrack;WeirdNotion&rsqb; may seek written assurances from you concerning your promise to indemnify &lbrack;WeirdNotion&rsqb;&semi; your failure to provide such assurances may be considered by &lbrack;WeirdNotion&rsqb; to be a material breach of this Agreement&period; &lbrack;WeirdNotion&rsqb; will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products&comma; with counsel of &lbrack;WeirdNotion&rsqb; choice at its expense&period; &lbrack;WeirdNotion&rsqb; will reasonably cooperate in any defense by you of a third-party claim at your request and expense&period; You will have sole responsibility to defend &lbrack;WeirdNotion&rsqb; against any claim&comma; but you must receive &lbrack;WeirdNotion&rsqb; prior written consent regarding any related settlement&period; The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>VI&period; PRIVACY<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;&lbrack;WeirdNotion&rsqb; believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition &OpenCurlyQuote;s use of data&period; Please refer to &lbrack;WeirdNotion&rsqb; privacy policy&comma; incorporated by reference herein&comma; that is posted on the Website&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>VI&period; AGREEMENT TO BE BOUND<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;<p>By using this Website or ordering Products&comma; you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h3 class&equals;"wp-block-heading"><strong>VIII&period; GENERAL<&sol;strong><&sol;h3>&NewLine;&NewLine;&NewLine;&NewLine;<p>Force Majeure&period; &lbrack;WeirdNotion&rsqb; will not be deemed in default hereunder or held responsible for any cessation&comma; interruption or delay in the performance of its obligations hereunder due to earthquake&comma; flood&comma; fire&comma; storm&comma; natural disaster&comma; act of God&comma; war&comma; terrorism&comma; armed conflict&comma; labor strike&comma; lockout&comma; or boycott&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Cessation of Operation&period; &lbrack;WeirdNotion&rsqb; may at any time&comma; in its sole discretion and without advance notice to you&comma; cease operation of the Website and distribution of the Products&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Entire Agreement&period; This Agreement comprises the entire agreement between you and &lbrack;WeirdNotion&rsqb; and supersedes any prior agreements pertaining to the subject matter contained herein&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Effect of Waiver&period; The failure of &lbrack;WeirdNotion&rsqb; to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision&period; If any provision of this Agreement is found by a court of competent jurisdiction to be invalid&comma; the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision&comma; and the other provisions of this Agreement remain in full force and effect&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Governing Law&semi; Jurisdiction&period; This Website originates from the &lbrack;Delhi&rsqb;&period; This Agreement will be governed by the laws of the State of &lbrack;Law Delhi&rsqb; without regard to its conflict of law principles to the contrary&period; Neither you nor &lbrack;WeirdNotion&rsqb; will commence or prosecute any suit&comma; proceeding or claim to enforce the provisions of this Agreement&comma; to recover damages for breach of or default of this Agreement&comma; or otherwise arising under or by reason of this Agreement&comma; other than in courts located in State of &lbrack;Delhi&rsqb;&period; By using this Website or ordering Products&comma; you consent to the jurisdiction and venue of such courts in connection with any action&comma; suit&comma; proceeding or claim arising under or by reason of this Agreement&period; You hereby waive any right to trial by jury arising out of this Agreement and any related documents&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Statute of Limitation&period; You agree that regardless of any statute or law to the contrary&comma; any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one &lpar;1&rpar; year after such claim or cause of action arose or be forever barred&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Waiver of Class Action Rights&period; BY ENTERING INTO THIS AGREEMENT&comma; YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE&period; ANY CLAIMS ARISING OUT OF&comma; RELATING TO&comma; OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Termination&period; &lbrack;WeirdNotion&rsqb; reserves the right to terminate your access to the Website if it reasonably believes&comma; in its sole discretion&comma; that you have breached any of the terms and conditions of this Agreement&period; Following termination&comma; you will not be permitted to use the Website and &lbrack;WeirdNotion&rsqb; may&comma; in its sole discretion and without advance notice to you&comma; cancel any outstanding orders for Products&period; If your access to the Website is terminated&comma; &lbrack;WeirdNotion&rsqb; reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website&period; This Agreement will survive indefinitely unless and until &lbrack;WeirdNotion&rsqb; chooses&comma; in its sole discretion and without advance to you&comma; to terminate it&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Domestic Use&period; &lbrack;WeirdNotion&rsqb; makes no representation that the Website or Products are appropriate or available for use in locations outside India&period; Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws&period;<br>Assignment&period; You may not assign your rights and obligations under this Agreement to anyone&period; &lbrack;WeirdNotion&rsqb; may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>BY USING THIS WEBSITE OR PURCHASING SERVICES FROM THIS WEBSITE YOU AGREE&nbsp&semi;<br>TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT&period;<&sol;p>&NewLine;