All notices from TBN LABS to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to TBN LABS shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to TBN LABS five (5) days after the date sent.
All content appearing on this Web site is the property of TBN LABS.
Copyright © 2017 TBN LABS. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2017 TBN LABS. All rights reserved.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by TBN LABS. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of TBN LABS or any third party, except as expressly granted herein.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. TBN LABS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if TBN LABS believes that customer conduct violates applicable law or is harmful to the interests of TBN LABS and its subsidiaries.
SECURE SHOPPING GUARANTEE
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.
We have established a Secure Shopping Guarantee for every transaction that you make with www.TBNLabs.com. Should any unauthorized charges appear on your credit card as a result of shopping with www.TBNLabs.com, you must notify your credit card provider in accordance with its reporting rules and procedures.
We will cover the liability of purchases made through this web site only if the unauthorized use of your credit card resulted through no fault of your own. If your bank holds you responsible for fraudulent charges, we will cover your liability up to $50.00.
TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
The policies below are applicable to the General Nutrition Corporation (“TBNLABS”) network of websites, including the website located at www.TBNLabs.com (including any versions optimized for viewing on a wireless or tablet device); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by TBNLABS, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by TBNLABS (collectively “TBNLABS” or “we”, “us”, or “our”) (“Web Site”).
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
- Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.TBNLabs.com (this “Web Site”), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. General Nutrition Corporation (“TBNLABS”, “we” or “us”) and its service suppliers which operate this Web Site pursuant to agreements with TBNLABS, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
- Ordering, Shipping and Returns. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from this Web Site in accordance with our Return and Exchange Policy found [here]. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
- Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Fees. For all charges or deposits for any events, products and/or services ordered by you on or through the Web Site, TBNLABS or its vendors or agents will bill your bank card or alternative payment method offered by TBNLABS and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse TBNLABS and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
- Account Registration and Security. You understand that you may need to create an account to place orders and to have access to all of the parts of the Web Site. In order to use those restricted portions of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TBNLABS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TBNLABS has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Web Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
- Use of this Web Site. The design of this Web Site and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this Web Site are © General Nutrition Corporation or its respective affiliates or suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of TBNLABS and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of TBNLABS or such other owner.
- Linking to this Web Site. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by TBNLABS or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
- Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Recipes. As part of the Web Site, TBNLABS may offer recipes and information dealing in the preparation of food and beverages and TBNLABS allows recipe submissions by various sources, including users of the Web Site. TBNLABS in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Web Site and prepared are done so “at your own risk”. TBNLABS is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this Web Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on this Web Site.
- Contests, Sweepstakes and Games. From time to time TBNLABS may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
- DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TBNLABS NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER TBNLABS NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST TBNLABS, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.
- LIMITATIONS OF LIABILITY. Neither TBNLABS nor its affiliates nor suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL TBNLABS, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
- Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND TBNLABS HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and TBNLABS agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Web Site, (ii) any purchases or other transactions or relationships with TBNLABS, or (iii) any data or information you may provide to TBNLABS or that TBNLABS may gather in connection with such use, interaction or transaction (collectively, “TBNLABS Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Web Site, or engaging in any other TBNLABS Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Web Site, you agree that any complaint, dispute, or disagreement you may have against TBNLABS, and any claim that TBNLABS may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our Privacy Statement, or any TBNLABS Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, TBNLABS agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
- (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and TBNLABS (the “Arbitrator”);
- (b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
- (c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and TBNLABS; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
- (d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- (e) No Class Relief. The Arbitration can resolve only your and/or TBNLABS’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- (g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, TBNLABS will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
- (h) Reasonable Attorney’s Fees. In the event you recover an Award greater than TBNLABS’s last written settlement offer, the Arbitrator shall also have the right to include in the Award TBNLABS’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but TBNLABS shall in all events bear its own attorneys’ fees; and
- (i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor TBNLABS shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
- (j) Modification of Arbitration Clause With Notice. TBNLABS may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after TBNLABS has given notice of such modifications and only on a prospective basis for claims arising from TBNLABS Transactions and Relationships occurring after the effective date of such notification.
- (k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against TBNLABS in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
- Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
- Health Related Information. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with TBNLABS) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
- Indemnity. You agree to indemnify and hold TBNLABS and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
- Domestic Use; Export Restriction. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
- Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
- Right to Takedown Content. TBNLABS shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the Web Site or any part thereof.
- General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at TBNLABS, Marketing Department – 14th Floor, 300 Sixth Avenue, Pittsburgh, PA 15222, Attn: Privacy Manager or e-mail us at TBNLabs.com Alternatively, you may call us toll-free at 1-855-TBN-LABS.
- Entire Agreement. These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between TBNLABS and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
- Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
Shipping and Delivery
In addition to the United States, we currently ship to the following countries:
- Mainland China
INTERNATIONAL TERMS & CONDITIONS
Please carefully read the following terms and conditions concerning International orders with TBNLabs.com.
Any applicable customs, duties, and taxes will be included in amount due at time of check-out. No additional fees charged at time of delivery; arrival times may vary based on border clearance delays.
China Customers, please note. All TBNLABS.com orders for shipment to China may not exceed $300.00 per order.
Any order being shipped to a destination outside of the United States may be subject to incremental import duties and taxes that are levied and collected as a part of the International Handling Fee during Checkout. A summary of these charges will be included in the International Handling Fee line. The order total presented at Checkout will be the exact amount that you will be billed. There will not be any additional costs billed upon delivery or due as C.O.D. charges.
- When placing an order with TBNLabs.com, you are considered the importer of record and must comply with all applicable laws and regulations. Charges for duties, taxes and the carrier’s collection fee are in addition to your shipping charge and must be borne by you.
- Some items sold on TBNLabs.com may require special handling as specified by federal, state and local regulations governing the transport of these items; therefore, the shipment of some products to certain locations may not be possible.
- Please allow additional delivery time for orders with a shipping destination outside of the United States.
- All prices on TBNLabs.com are shown in U.S. dollars (USD). The price is exclusive of any import duties, taxes and shipping charges. Such fees will be calculated at the time of Checkout.
- If you have any questions concerning your order and you currently live outside of the United States, you must contact us via e-mail. We do not currently offer a phone number for International inquiries.
By ordering goods from this website, I hereby authorize a licensed customs broker chosen by the operator of the website to act as my agent and to transact business with the applicable border services agency to clear my merchandise, and account for applicable duties and taxes.
Disclaimer: No Returns – Due to shipping time frames for International customers, all Sales are Final. International Customers assume all risk and liability. Returns to TBNLABS locations or back to the point of origin will not be accepted for a refund or exchange.
A product’s availability is clearly noted on the Product Detail page as “In Stock”, “Backordered” or “Pre-Order”. Most items on our site are In Stock and ready to ship. Some items are either temporarily out-of-stock or are not available for shipment until a specific date. For more information, please read the details below.
Most orders for In-Stock items begin the order process as soon as your online purchase is completed. Your In-Stock item will be shipped once the item is located in stock, your payment is approved, and the receiving address is verified. You will not be charged for any item until it is shipped to you.
After your order leaves our warehouse, delivery times vary according to the shipping method you select during checkout and the location of your shipping address.
A product that is on pre-order status will ship as soon as it becomes available. Please keep in mind that the arrival date is an estimated time frame and is subject to change. We will not charge your credit card until the item ships.
More questions about pre-orders? Call us at 1-855-TBN-LABS
A backordered item ships as soon as it becomes available. Please keep in mind that the arrival date is an estimated time frame and is subject to change.
We will not charge your credit card until the item ships. We cannot guarantee that the backorder will be filled. If the backordered item is no longer available, we will cancel the item from your order and notify you via e-mail.
More questions about backorders? Call us at 1-855-TBN-LABS
SHIPPING METHODS AND COSTS
At checkout, you will be prompted to choose a shipping method for your item(s). Shipping costs are dependent on the items in your order and the shipping method you select. Your total shipping charges will automatically compute during checkout prior to the completion of your order.
Generally, if you are shipping within the United States, you will have the option of upgrading your shipping method for faster delivery (Ground, Third Day, Second Day or Overnight Service). If you choose to upgrade your shipping method, your order must be received and clear credit authorization by 4:00 p.m. EST or your order may not be processed until the following business day. Business days are Monday-Friday, excluding observed holidays within the United States.
SHIPPING RULES AND RESTRICTIONS
- Orders are shipped on business days only. Business days are Monday-Friday, excluding observed holidays within the United States.
- You will not be charged for any item until it is shipped to you.
- Please call a Customer Service Specialist at 1-855-TBN-LABS if you have any questions.
TRACKING YOUR ORDER
When can you track your order?
At our warehouse, tracking numbers are assigned to packages almost immediately and generally appear on our website along with your order information. However, it may take up to 3 full business days before the package is checked into the delivering carrier’s tracking system after shipment. That means even though your package has already shipped from our warehouse and is on its way to you, the carrier may not be able to provide any information about your package for up to 3 full business days.
Orders placed on www.TBNLabs.com may be delivered by one of several different carriers and shipping methods. Therefore, tracking availability may vary depending on the type of item you purchased, the shipping method you selected during Checkout, and the carrier that is delivering your item(s).
Occasionally, orders are delivered via a carrier that does not offer the ability to track a package. In these rare instances, Your Order History on www.TBNLabs.com will not offer tracking information, but will still offer order status and other details. Read the information provided below to learn the difference between tracking information and the order status.
Finding Your Order Status
The status of your order is easy to find.
- Check your e-mail.You were required to enter an e-mail address during Checkout; you will receive e-mails at your address keeping you up-to-date about the status of your order.
- Visit the website.Sign In for Your Order History at www.TBNLabs.com 24 hours a day. If you signed up for a TBNLABS.com account, you may view information about your most recent orders (including tracking information) as well as past orders.
- Contact us.If you still have questions about your order, please contact us via email.
How is order status different from tracking information?
The status of your order is supplied by www.TBNLabs.com, and represents what is happening with your order between the time you place it and the time it ships from our warehouse. Once your order leaves our warehouse, it is handled by a carrier (such as FedEx or USPS) that may provide tracking information until your order is delivered*. The tracking information is accessible from Your Order History on our website when it becomes available.
*Tracking information may not be available for up to 3 full business days after an item is shipped from our warehouse.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. TBN LABS is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
TBN LABS charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. TBN LABS makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
TBN LABS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL TBN LABS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
— OR Depending on State —
The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by TBN LABS.
The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. TBN LABS is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not TBN LABS.
The inclusion of material on this server does not imply any endorsement by TBN LABS, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although TBN LABS tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
30-DAY MONEY BACK GUARANTEE
We want you to be fully satisfied with every item that you purchase from www.tbnlabs.com. If you are not satisfied with an item that you have purchased, you may return the item within 30 days from the order date for a full refund of the purchase price, minus the shipping, handling, gift wrap, or other charges.
The item must be returned, unused or used, in good condition, in original boxes (whenever possible), and with all paperwork and accessories to ensure full credit.
Our Standard Return policies do not apply to all items.
TBN LABS reserves the right to change its payment procedures at any time without prior notice to you.
If you receive a damaged or defective item, contact a Customer Service Representative within 30 days of delivery at 1-855-TBN-LABS. Please supply the Representative with your order number and item number from your original confirmation e-mail. The Representative will also need your e-mail address and phone number. TBNLAbs.com will make every reasonable effort to replace the item in a timely manner. We cover shipping charges if there was damage to the item due to shipping.
If there is extensive damage to the packaging, contact a Customer Service Representative immediately at 1-855-TBN-LABS.. Please have your order number available when you contact the Customer Service Representative.
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. TBN LABS and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of TBN LABS shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and TBN LABS with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and TBN LABS with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by TBN LABS. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.