Terms of Service-10-15-18

Last Modified: August 29, 2018

The LFTer's Club Terms of Service/Use Agreement

The information contained in these Terms of Service for the Site is subject to change without notice.

 

Disclosure:

"Terms of Service" and/or "Terms of Use" refers to these Terms of Service and User Agreement which govern your access to and use of the Service and Site. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.

1. Agreement to Terms of Service for Using and Subscribing to the LFTer’s Club

LFT Performance Nutrition, Inc. ("LFT") reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without prior notice. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE AND THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. As long as you comply with these Terms of Use, LFT grants you a personal, non-transferable, limited privilege to enter and use the Site and Service. LFT is for your personal use, and not for resale or commercial use under any circumstances.

2. Service Subscription Information

By subscribing to the LFTer's Club and using the Service, you represent and warrant that: (1) you are legally capable of entering into a binding contract; (2) you are at least 18 years of age; and (3) you are a Resident of the United States. You may only sign up for the Service from within the United States.

LFT will deduct the Service subscription dues from the form of payment that you provide to us when you purchased a subscription, unless we otherwise communicate a different time period or either party seeks to terminate this agreement. You acknowledge and agree that LFT is in a direct agreement with you, the individual.

You agree that LFT may, at its sole discretion and without prior notice, suspend your subscription or terminate your Account, and on a temporary or permanent basis block your access to the Site at their sole discretion if:

  • Payment is declined.
  • You will not be permitted to use the account until it has been reactivated. If your payment is not received within 10 business days we reserve the right to permanently bar you from subscribing to or using the Service.
  • LFT suspects you provided incorrect or false information to LFT when signing up for a subscription.
  • A breach of these Terms of Service by you.

Subscribers to the Club receive significantly discounted prices off the Original Listed Price at LFT-club.com by agreeing to the Terms set forth in this Terms of Service agreement. Monthly subscriptions are reoccurring and billed approximately 30-days after the initial sign-up date. Subscribers may cancel their LFTer's Club subscription by completing the Cancellation Request Form a minimum of 3 business days prior to their next billing date. A reply confirmation e-mail from LFT acknowledging the form has been received is required.

However, if their LFTer's Club subscription is canceled within the early termination period of 6-months (180-days) a $59.95 early-termination fee will be charged to the Subscriber.

Subscription Plans:

LFT offers six subscription plans to the LFTer's Club ("Club"):

  • Month-to-month (no early-cancellation fee)
  • Monthly (180-day early cancellation policy)
  • Annual (non-refundable/transferable)

A valid LFTer's Club subscription to the Service entitles you to:

Month-to-Month Plan

  • Casual. Purchase up to 6-supplements per 30-day period from LFT-club.com. Additionally user may purchase up to 2-apparel items and 2-accessory items. Billed monthly. No early-termination period. However, this plan is reoccurring and must be canceled by the same means and time frame as noted above for all LFTer's Club subscription holders.

Monthly Plans

  • Lite Plan. Purchase up to 2-supplements per 30-day period from LFT-club.com. In addition, subscriber may purchase up to 2-apparel and 2-accessory items per 30-day period. Billed monthly.
  • Pro Plan. Purchase up to 6-supplements per 30-day period from LFT-club.com. In addition, subscriber may purchase unlimited apparel and accessory items. In-stock items only. No rain-checks. Out-of-stock items do not roll over to other months. Billed monthly.
  • Family Plan. Purchase up to 10-items per 30-day period from LFT-club.com. In addition, subscriber may purchase unlimited apparel and accessory items. In-stock items only. No rain-checks. Out-of-stock items do not roll over to other months. Billed monthly.Billed monthly.

Annual Plans

  • Annual Pro Plan. Purchase up to 6-supplements per 30-day period from LFT-club.com for 12-months. In addition, subscriber may purchase unlimited apparel and accessory items. In-stock items only. No rain-checks. Out-of-stock items do not roll over to other months. This is a pre-paid plan that is non-refundable or transferable.
  • Annual Family Plan. Purchase up to 10-supplements per 30-day period from LFT-club.com for 12-months. In addition, subscriber may purchase unlimited apparel and accessory items. In-stock items only. No rain-checks. Out-of-stock items do not roll over to other months. This is a pre-paid plan that is non-refundable or transferable. This is a pre-paid plan that is non-refundable or transferable.

Product purchasing quotas do not roll-over and must be used within the 30-day billing cycle.

Subscribers can purchase additional items for a $5 surcharge per item at the subscriber price. Limit 4 additional items per billing period. The surcharge is auto-billed for subscriber convenience upon order fulfillment.

Cancel a Subscription:

To cancel your subscription, the following must be completed:

  • Completed Cancellation Request Form
  • Form completed a minimum of 3 business days prior to the next billing date.
  • A reply confirmation e-mail from LFT acknowledging the form has been received is required.

LFTer's Club subscriptions are currently available for use only in the domestic United States.

Product Availability

LFT makes no guarantee on the availability to any particular product(s) from the LFTer's Club. We do our best to prevent out-of-stock merchandise but it may happen from time-to-time. Out-of-stock items are not rolled over onto the next month. Rainchecks are not available.

3. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, is owned, controlled or licensed by or to LFT, and may not be used without prior written consent from LFT.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without LFT's express prior written consent.

4. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

LFT's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

LFT may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without prior notice. The materials on the Site with respect to products and services may be out of date, and LFT makes no commitment to update the materials on the Site with respect to such products and services.

Coupons. Online discount coupon codes are valid for 1-use per household only. Exclusions may apply. Discount codes may not be combined for a single purchase. 

5. Accounts Password and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify LFT immediately of any unauthorized use of your account, password, or any other breach of security. You may be held liable for losses incurred by LFT or any other user of or visitor to the Site due to someone else using your LFT password, account, or card as a result of your failing to keep your account information secure and confidential.

6. Privacy

LFT's Privacy Policy applies to use of our Site and Service, and its terms are made a part of these Terms of Use by this express reference. Additionally, by using the Site or Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

7. Links to Other Sites and to the LFTer's Club Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under LFT's control, and LFT is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Our Terms of Use or Privacy Policy do not apply to such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites after you have reviewed such Linked Sites' own Terms of Use and Privacy Policies.

8. Disclaimers

LFT does not promise that the site or any content, service or feature of the site or service will be error-free or uninterrupted, or that your use of the service or site will provide specific results. The service, site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. LFT cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. LFT disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. LFT disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the service and site. You assume total responsibility for your use of the service, site and any linked sites. Your sole remedy against lft for dissatisfaction with the service, site or any content is to stop using the service, site or any such content.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LFT reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9. Limitation of Liability

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our service, the site, any websites linked to it, any content on the site or such other sites or any services or items obtained through the site or such other sites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

To the fullest extent permitted by law, and not withstanding any other provision of these terms of use, the total liability, in the aggregate, of LFT, its officers, directors, partners, employees and subcontractors, and any of them, to you and anyone claiming by or through you, for any and all claims, losses, costs or damages, including attorneys' fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to your use of our service or site from any cause or causes shall not exceed $500. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.**

10. Indemnity

You agree to indemnify and hold LFT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against LFT by any third party due to or arising out of or in connection with your use of the LFTer's Club Service or Site.

11. Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. LFT reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

12. Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and LFT with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and LFT with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with LFT, LFT will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. LFT's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by LFT of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between LFT and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Subscriber Perks

Perks such as the Affiliate-, Rewards-, and Points-program(s) are subject to change and can be terminated without notice. Unused points and referral credits may become void at the discretion of LFT.

13. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. LFT shall be free to use such information on an unrestricted basis.

14. Violation of Terms of Use

LFT may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service or Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) LFT's rights or property, or the rights or property of visitors to or users of the Service or Site, including LFT's subscribers. LFT reserves the right at all times to disclose any information that LFT deems necessary to comply with any applicable law, regulation, legal process or governmental request. LFT may also disclose your information when LFT determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that LFT may preserve any transmittal or communication by you with LFT through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or LFT determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of LFT, its employees, members of or visitors to the Site, and the public.

You agree that violation by you of these Terms of Use constitute your forfeiture of paid subscription dues, and that LFT possesses the right to collect payment for usage of the Service, in addition to an early cancelation fee. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair practice, and will cause irreparable harm to LFT, for which monetary damages would be inadequate. You consent to LFT seeking to obtain any injunctive or equitable relief that LFT deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MoviePass may have at law or in equity, or otherwise provided in the Terms of Service.

You agree that LFT may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If LFT does take any legal action against you as a result of your violation of these Terms of Service, LFT will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action as permitted by law , in addition to any other relief granted to LFT. You agree that LFT will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

Previous Terms of Service:

https://lft-club.com/pages/terms-of-service-03-18