Disclaimer and Terms of Use

Disclaimer and Terms of Use

Last Updated: December 19, 2019

The championforlife.com website (“Website”) and its related e-commerce platform (together the “Service”) are operated by Champion for Life, Inc., an Arizona Corporation (“Champion,” “we,” “our,” or “us”).

Your use of the Service is strictly contingent upon your agreeing to be bound by the following Terms of Use and any other terms and conditions that appear on the Website, (these Terms of Use are referred to as the “Agreement”). The Agreement applies whether or not you register or become a paying customer of the Service. By accessing or using the Service or any of its content, you agree that you have read this Agreement and you are agreeing that you, to the maximum extent permitted by law, are waiving any rights, claims, or defenses arising from any failure to read or understand its terms. The term Website or Service is inclusive of any and all methods of accessing the Service, regardless of whether access was on a computer, a mobile device, or a mobile application.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.

You should also read the Champion Privacy Policy, which is incorporated by reference into this Agreement and is available on the Website. If you do not agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not visit the Website or use the Service. You may contact us at info@championforlife.com with any questions regarding this Agreement.

Acceptance of Terms

This Agreement is a contract that establishes the legally binding terms you must accept to use the Service, and/or to become a “Customer.” For purposes of this Agreement, the term “Customer” means a person who provides information to Champion on the Website and/or someone who uses the Service in any manner. This Agreement includes Champion’s Privacy Policy and terms disclosed and agreed to you when and if you purchase products through the Services. There may also be State or Country specific terms and laws or special terms related to free trials, billing, promotions or discounts which will be disclosed and incorporated herein as applicable.

Modifications: This Agreement may be modified or amended at our sole discretion. Your continued use of the Service will require your affirmative acceptance of such modified terms and such terms become effective when we post the updated terms on the Website. You will be provided written notice of any changes by email to the primary email address specified in your Account on when you next visit the Website or otherwise access the Service. It is your responsibility to maintain an up to date email address associated with your Account. The most recent version of these terms will be indicated on the Website at time of posting.

Consent to Terms and Withdrawal of Consent: Your use of the Service in any way establishes your consent to these terms and consent to receipt of these terms in electronic form as posted on the Website. To withdraw your consent, you must cease using the Service and, if applicable, terminate your Account.

Account Registration and Security

You understand that you may need to create a personal account (“Account”) to use the Service to place orders and to have access to all of the Service. To create an Account, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website'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 Champion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Champion has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password, Account, and Registration Data. Furthermore, you are entirely responsible for any and all activities that occur in connection 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 Service 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 Service. 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.

By submitting your email address in connection with your Account, you agree that Champion may use your email address to communicate with via email for any and all purposes, including updates to this Agreement, commercial offers, promotions or special offers from us or third-party partners. The Champion Privacy Policy provides further detail on the manner in which Champion may collect and use personally identifiable information about you, including any information you supply in connection with your use of the Service.

Product Information

The products displayed on the Website can be ordered and delivered only within the U.S. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Champion.

When an order is placed, the order will ship to an address designated by the Customer as long as that shipping address is compliant with the shipping restrictions included as part of the Service. All purchases through the Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased through the Service 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 through the Service 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.

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Champion and its service suppliers which operate the Website pursuant to agreements with Champion, 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 the Website 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 the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

All material and information presented on the Website is intended to be used for personal, educational or informational purposes only. The statements made about products, including nutritional supplements, by the manufacturers may not have been evaluated or approved by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from the Website it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Service is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information available on the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Champion does not give or intend to give any answers to medical related questions and the Website should not replace any medical professional or medical resource. Champion does not represent itself as a physician nor is this implied.

The products available on the Website, including any samples Champion may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Champion. Champion reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Champion in its sole discretion.

Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE 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. CHAMPION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND CHAMPION DOES NOT MAKE 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 THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHAMPION HEREBY DISCLAIMS 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 THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHAMPION HEREBY EXPRESSLY DISCLAIMS 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. CHAMPION MAKES 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 CHAMPION, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE SERVICE.

No Endorsements

Champion for Life does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics or other information that may be mentioned or referenced on this website. The advertisers who purchase banners or otherwise sponsor or support Champion for Life and this website have no influence on the editorial content or presentation, and the posting of advertisements is not to be taken as an implied or express endorsement of any such product or service.

The information contained in this website is subject to change without notice.

Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. Champion for Life expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

Champion for Life makes no warranty or representation that:

  1. information on this site will meet your requirements,
  2. this site will be uninterrupted, timely, secure, or error-free,
  3. the results that may be obtained from the use of this site will be accurate or reliable, and
  4. the quality of any products, services, information, or other material purchased or obtained by you through this site will meet your expectations.

No advice or information, whether oral or written, obtained by you from Champion for Life or by email shall create any warranty or other obligation.

The information contained in this site is not intended nor is it implied to be a substitute for professional medical advice. Nothing contained in this website is intended to be or should be taken for medical diagnosis.

Links

You agree that Champion is not responsible for the contents of any third-party websites or links and does not endorse and is not responsible for the content of any third-party content whatsoever. If you feel that any third-party is violating the Terms of Use through any content it places on the Website or through the Service, please notify us in writing and specify who you feel is violating the terms, what the offensive content consists of and where the prohibited content has been placed.

You agree that any dealings with any third-parties you meet via the Service are entirely between you and the third-party and that we have no liability, directly or indirectly for any damage or loss allegedly created or caused by your interaction with those third-parties.

Links may lead to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Champion makes no representations concerning any effort to review all of the content of linked sites.

Payment and Billing

You understand and agree that Champion does and may continue to use a third-party payment gateway or processor to process payments and billing information, and that as part of the process, we may share your billing information and related data with the payment processor if you do not provide the billing information directly to the third-party payment gateway or processor.

Customer Service

Champion may provide customer service as a courtesy to Customers, and as such, you agree to be courteous and patient when communicating with customer service representatives. Any conduct that is reasonably considered to be harassing or inappropriate in your communications with us may result, at our sole discretion, in suspension or termination of your use of the Service.

Any communications between you and Champion may be recorded or otherwise preserved for quality assurance purposes and you give us the unfettered right to use such communications as we see fit.

Express Reservation of Intellectual Property Rights

 

Champion owns and retains all legal rights to the Website and the Service, including all rights to all content, photos, images, logos, patents, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website and the Service contain copyrighted material, trademarks, and other intellectual property of Champion and its affiliates. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or otherwise through the Service, without first obtaining our prior written consent or, if such property is not owned by us, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

User Content Policy

You are solely responsible for, and assume all liability regarding: the information and content you post, transmit, publish, or otherwise make available through the Service; and your interactions with other Customers or users through the Service.

Other than personally identifiable information, which is subject to the Champion Privacy Policy, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of the Website that is viewable by the public (e.g., Product Reviews) is not subject to the Champion Privacy Policy and is considered User Communications. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You agree that that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Communications for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you

Champion does not routinely monitor or pre-screen posted content by Customers but reserves the right to pre-screen, refuse, or remove any posted content posted that, in Champion’s sole discretion, violates this Agreement, is determined to be objectionable, is disparaging to other Customers, may violate any applicable law, the spirit of this Agreement, or upon the request of any third party. 

The Service or Website may contain content, such as product reviews, posted by other Customers. Champion is not responsible for and does not control the content posted by Customers. Champion has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to Customer posted content. If you repost or in any other way use any Customer posted content you do so at your own risk.

In addition to any other restrictions set forth in this Agreement, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Service; (ii) circumvent, disable, or otherwise interfere with security-related features on the Service; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service; (iv) access or use the Service in any manner that may damage, disable, unduly burden, or impair any part of the Service, or any servers or networks connected to the Service; (v) post information or interact with the Service in a manner which:

  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • is fraudulent, libelous, abusive, defamatory, offensive, obscene, profane, harassing, or illegal; or
  • is intended to or tends to harass, annoy, threaten or intimidate any other Users;

(vi) use the Service for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Service; (viii) interfere or attempt to interfere with the Service provided to any Customer or network, including, without limitation, via means of submitting a virus to the Service, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Service, or copy or create any derivative work of the Service; (x) use the Service in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) use your Account or the Service for the benefit of any third party.

Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.

Users are not permitted and are expressly prohibited from posting, reproducing or any other unauthorized use of any copyrighted material, trademarks, or other proprietary information on the Website or otherwise through the Service without first obtaining the prior written consent of the owner of such proprietary rights. By agreeing to these terms, you acknowledge that all posted content is the sole responsibility of the party posting that content. 

If you believe that your intellectual property has been used in any unauthorized way, please submit via the Notice clause contained herein a written explanation of your allegation of misuse to info@championforlife.com and include the following information:

  • Your name, contact information, the name and contact information for the copyright or rights holder if other than yourself, and the name and contact information of any other person, agent, or attorney authorized to act on behalf of the copyright or rights holder.
  • A description of the work that you claim has been infringed.
  • A description of where on the Website or the Service where the disputed content has been placed.
  • A statement, signed by you electronically or in writing, under penalty of perjury, stating that you have a good faith belief that the disputed use of the content is unauthorized and that you are authorized to make a claim on behalf of the rights’ holder.

Champion will use is best efforts to respond to all submissions in a timely manner.

Dispute Resolution

You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with Champion, which will be a precondition to either party initiating arbitration. If the parties do not reach an agreed upon solution within thirty (30) days from the time the informal dispute resolution is pursued, then either party may initiate binding arbitration as detailed below.

By using the Service in any manner, you agree to arbitrate any disputes between you and Champion that cannot be settled under the informal process described above. By doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to make or defend any claims between you and Champion (except for matters that may be taken to small-claims court as described below).The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service will be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules in effect at the time any claims is brought. The only exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Champion in a small-claims court of competent jurisdiction. Regardless of whether you choose arbitration or small-claims court, you agree that you will NOT under any circumstances commence or maintain against Champion any class action, class arbitration, or other representative action or proceeding.

TO BE CLEAR, BY USING ANY WEBSITE(S) OR SERVICE(S) OF CHAMPION, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. The arbitrator will determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are often more streamlined than trials or other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

Jurisdiction: Any proceeding to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. This includes any proceeding to confirm, modify, or vacate an arbitration award. If this arbitration agreement is found to be unenforceable for any reason, any litigation against Champion (except for small-claims court actions) may be commenced only in the federal or state courts located in Maricopa County, Arizona. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Choice of Laws: This Agreement, and any dispute between you and Champion, will be governed by the laws of the state of Arizona without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.

Indemnification

You agree to indemnify and hold Champion, its agents, assigns, subsidiaries, and affiliates, and their officers, partners and employees, harmless from any loss, liability, claim, damages or demands, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post that result from your use of the Service, and/or the violation of any law or regulation by you. Champion reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Champion in connection therewith.

General Information

These Conditions constitute the entire agreement between you and Champion and govern your use of the Service and visits to the Website, superseding any prior agreements between you and Champion.

This Agreement, along with the Privacy Policy and any other written notices, rules, specifications or terms posted for any specific features or services offered to you contains the entire agreement between you and Champion regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue to be in full force and effect and this Agreement should then be read as if that term never existed, unless such a reading would render this Agreement void, in which case the Arbitrator or Judge may apply the most reasonable interpretation for a fair resolution of the issue to the topic of such deleted term, without bias towards the drafter. You agree that the failure of Champion to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. You agree that your online account is non-transferable and any rights to your profile and/or the contents of your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Champion in any manner.

Please contact us at info@championforlife.com with any questions regarding this agreement.