Terms of service

You agree to our terms and conditions and our return policy by placing an order on ESSENTIALSPORTSNUTRITION.COM.

BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH www.EssentialSportsNutrition.com, PLEASE READ AND COMPREHEND THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE CAREFULLY. AS THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES . THESE TERMS FORM THE ESSENTIAL FOUNDATION OF OUR CONTRACT.

The following rules, terms, and conditions govern your use of www.EssentialSportsNutrition.com ("Website"), which is owned and operated by Essential Sports Nutrition ("Essential Sports Nutrition, INC," "we", "our", "us"also known and referred to as ESN, or Essential). Please read them with care. You, the user, are offered access to the Website, including all information, tools, and services available through the Website, subject to your acceptance of all terms, conditions, policies, and notices specified here. By accessing, utilizing, or placing an order over the Website, you consent to the following terms. You are not permitted to use the Website in any way, shape, or form if you do not accept these terms and conditions in their entirety.

THIS IS A BINDING AGREEMENT THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE ("TERMS") ALONG WITH OUR PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU ("YOU" OR "CUSTOMER") AND ESSENTIAL SPORTS NUTRITION AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY ORDERS YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE, AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS AVAILABLE ON OR THROUGH THE WEBSITE.

This agreement contains arbitration and class action waiver provisions that waive your rights to a court hearing, jury trial, and participation in a class action. Arbitration is mandatory and the sole remedy for all disputes, unless otherwise specified in Section 17 or if you opt out. PLEASE REVIEW CAREFULLY THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17, WHICH DESCRIBE YOUR RIGHT TO OPT-OUT.

1. Privacy & Security; Disclosure

Our privacy statement is accessible at https://EssentialSportsNutrition.com/pages/privacy-policy. We retain the right, at our discretion, to amend our privacy policy from time to time.

1. Products Sold for Personal Use Only

You accept that any products purchased from Essential Sports Nutrition or our website are for personal, non-commercial use only. You agree not to resell, redistribute, modify, or export any product you purchase from the Website.

1. Payment Methods

All fees are billed in U.S. dollars. We accept credit and debit cards issued in the United States by Visa, MasterCard, American Express, and Discover. Additionally, we accept payments using PayPal and Amazon Pay.

When placing an order online, you will need:

1. The address the card’s statement is sent to (billing address).

2. The card number and expiration date.

3. The 3 or 4 digit code found only on the card (CVV2 code)

By submitting credit card information or other payment information to us, you represent and agree that: I you are fully authorized to use the credit card or account; (ii) if you choose a subscription-based purchase, you will pay all subscription payments by the due date; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) there are sufficient funds to pay us the amount(s) due.

When your credit card has expired, we and our third-party payment service providers may request and receive updated credit card information from your credit card issuer, including updated card numbers and expiration dates. If such updated information is submitted to us and our third-party payment service providers, we will update your account information accordingly and utilize such updated information to process payments for your subscription(s), if you have subscribed to a subscription service (s). Your credit card issuer may allow you to opt out of sharing your updated credit card information with merchants and third-party payment service providers. Contact your credit card issuer if you desire to opt out of the update service associated with your credit card.

4. Ordering Disclaimer

Your email order confirmation or any other form of confirmation does not indicate that we have accepted your order. We reserve the right to accept or refuse shipment for any reason to any individual. If your order is denied, you will receive a refund to the original payment method. Before processing any order, we retain the right to request more details.

1. Shipping Policies

Important Update Regarding COVID-19 & Order Tracking

Our USPS and UPS representatives have informed us that all orders are being "moved" within their systems. Packages are actually being "moved" within the system, but scans are being missed as a result of COVID-19's workforce reduction and the concurrent increase in shipping traffic.

We’re aware that it's not ideal because it's causing delays and is quite frustrating, but please understand that we're equally frustrated.

Currently, our policy allows ten (10) full business days for orders to receive updated tracking information. If tracking information has not been updated after 10 business days, we will reship your order at no additional charge. According to our terms and conditions, orders that have already been sent cannot be refunded.

We appreciate your patience while we work through this situation. During this pandemic, we kindly ask for your tolerance when it comes to order delays.

We use USPS or UPS to ship orders within the 50 United States. Depending on product availability, most delivered orders arrive between 2 and 6 business days after shipment. A valid shipping address is essential, but a telephone number is optional. If you provide an erroneous shipping address, we cannot be held liable for late or lost products. Immediately email info@EssentialSportsNutrition.com. If you realize you have made an error with your order after submitting it through the website. You must contact us immediately if you wish to amend or cancel your pending order. However, we commonly ship orders the same day they are placed, so we cannot guarantee that we will be able to modify your purchase per your requirements. If an order has already been dispatched and the customer discovers the incorrect shipping address, Essential Sports Nutrition is not liable for forwarding the shipment to the right location or for the costs associated with altering the address en route. Essential Sports Nutrition will not reship or refund orders that were shipped to an inaccurate customer-provided address.

We also handle the following on a case-by-case basis:

Packages Lost By Shipping Carrier (Never Delivered) And/Or Damaged In Transit

• Essential Sports Nutrition will reship it free of charge.

• Essential Sports Nutrition will not issue a refund if a package is lost or damaged during shipment.

• When seven days have elapsed and the tracking information has not been updated, a package is termed "Lost."

• If a package is damaged, please provide photographs of the damage to info@EssentialSportsNutrition.com.

Package Was Shipped, But Customer Realized Afterwards the Address Is Incorrect

• As stated previously, we strive to fulfill goods as quickly as possible to provide the best customer experience; therefore, it is crucial that your mailing address is input accurately.

• If an order has already been dispatched and the customer discovers the incorrect shipping address, Essential Sports Nutrition is not liable for forwarding the shipment to the right location or for the costs associated with altering the address en route.

• Essential Sports Nutrition will not reship or refund orders that were shipped to an inaccurate customer-provided address.

Package Was Delivered To Wrong Address

• Orders delivered to the incorrect address as a result of customer error are non-refundable and will not be reshipped.

• If an order has already been dispatched and the customer discovers the incorrect shipping address, Essential Sports Nutrition is not liable for forwarding the shipment to the right location or for the costs associated with altering the address en route.

• We strive to ship orders as quickly as possible to provide the finest customer service, thus it is imperative that you review your order summary before placing your order.

• Essential Sports Nutrition will not reship or refund orders that were shipped to an inaccurate customer-provided address.

Package Was Delivered To Correct Address & Cannot Be Located

• All "Delivered" orders with valid tracking information cannot be refunded if the client is unable to find the item.

• The consumer must call the shipper directly to determine where the package was placed. (Ask your neighbors, since they may have left it there by accident!)

• Essential Sports Nutrition will not reship or refund orders that were shipped to an inaccurate customer-provided address.

• You agree that any delivery confirmation issued by the carrier is adequate proof of delivery to the cardholder, even without a signature, because there are several circumstances at your delivery address outside our control.

Package Was Returned to Sender

• We cannot process or refund "Return to Sender" stamped orders. It is vital for the buyer to provide their mailing address correctly.

Customer Requests an Exchange

• Essential Sports Nutrition may, in its sole discretion, permit the exchange of unopened products.

• If Essential Sports Nutrition allows a product swap (i.e., provides an additional product at no additional cost), the customer's claim to a future refund is null and void.

• This is due to the fact that the client is accepting that Essential Sports Nutrition sent two products and paid for shipping twice in an effort to satisfy them. Once an exchange has been done, no refunds or returns will be accepted.

Free Gifts or Clearance Stock

• All sales of clearance (liquidation) items are final. Due to the substantial discount on these items, we cannot accept returns, exchanges, or provide refunds.

• Free Gifts with Purchase or Mystery Item Gifts with Purchase are also exempt from returns or exchanges.

International Shipping Policy

"International" refers to all orders placed outside of the United States. We strive to ship orders as quickly as possible to provide the finest customer service, thus it is imperative that you review your order summary before and after completing your order. We offer same-day shipping in a way that few other brands can match, which is a major reason why so many customers shop with us.

All orders are fulfilled in our Georgia or Florida warehouse. Following the placement of an order, emails are issued to confirm the order and its specifics. You are responsible for double-checking order confirmation emails to ensure the shipping address is accurate.

All in-stock items are sent within 1-2 business days, except pre-orders. The majority of domestic shipments will arrive within 5-14 business days. Upon shipment, you will receive an email with order updates and your tracking number so that you may track the status of your shipment.

We are not liable for any fees or penalties imposed by your bank or credit card issuer. If your bank or credit card provider reverses a charge to your credit card, we have the right to bill you directly and seek payment via alternative means, such as a mailed statement.

Important International Restrictions

Each country has various laws and, consequently, different regulations regarding the items you purchase. Please ensure that your local customs rules are compatible with your purchase before placing your order, as customs regulations for dietary supplements are stringent. You are responsible for knowing what is and is not legal in your country.

We always ship discretely in order to protect your privacy. We are not liable for any taxes, charges, tariffs, or packing fees imposed by your country's customs authority. These fees are in addition to your shipping costs and are your responsibility.

Essential Sports Nutrition will not ship any products to any nation that requires a license, and we are not responsible for any problems at your local post office or packages that are not returned to us. No refunds will be issued for products that are confiscated by your local customs office or not returned to us. By placing an order with Essential Sports Nutrition, you agree to our worldwide shipping and refund policies.

On all international sales, all transactions are final and no returns will be accepted. Items that are confiscated or lost in customs are the customer's responsibility, and only damaged packages will be reshipped.

1. Delivery Confirmation

You agree that any delivery confirmation issued by the carrier is adequate proof of delivery to the cardholder, even without a signature, because there are several circumstances at your delivery address outside our control.

1. Subscription – Renewal and Cancellation Terms

If you visit the website to purchase a product, you may be able to choose between a one-time purchase and a subscription. If you purchase a subscription, it will be automatically billed to the credit card you provided at the time of purchase and delivered to you based on the frequency you select at the time of signup, until you cancel the subscription. If you choose to cancel your subscription, you may do so at any time; however, you must cancel at least twenty-four (24) hours before your next shipment is due to ship in order to avoid receiving your next planned order. Send an email to info@EssentialSportsNutrition.com to discontinue your membership.

1. Satisfaction Guaranteed 30 Day Return Policy

If you are dissatisfied with our product or if it arrives damaged, you may return the unused portion within thirty (30) days of the date of your transaction for a refund (less a 15% return/restocking fee and return postage and handling).

The following conditions apply to all returns:

• The final price is reduced by a 15% return/restocking fee and the cost of return shipping and handling.

To return a product for an exchange or full refund, send an email to info@EssentialSportsNutrition.com and we will provide you with a return postage label for USPS.

• We cannot process or refund "Return to Sender"-marked packages.

• Refunds will be provided to the original credit card or payment method used to purchase the item.

• Shipping costs and return shipping expenses are never refundable.

• To ensure that your refund is completed, please submit returns to the supplied address.

Essential Sports Nutrition accepts exchanges under the following terms:

1) Items must be unwashed, unworn, must be free of stains, makeup, deodorant, or wear.

2) Items can only be exchanged within 30 days of purchase date.

3) Items must be in original condition as received and in it's original packaging.

We are not liable for products that are lost or stolen. We recommend that any returned items be delivered with a delivery confirmation system to ensure their safe return.

After the shipping department receives your return, refunds are typically processed within 5-7 business days, if not sooner. Depending on your financial institution, it typically takes 30 business days for a refund to be deposited into your account following processing.

1. Price Changes

We reserve the right to change the prices of our products and subscriptions in any way and at any moment, at our sole and total discretion. Except as clearly stipulated otherwise in these Terms, any price adjustments to your membership or purchase of product(s) will become effective following email notification.

1. Price Mistakes

Despite our best efforts, pricing errors occasionally occur on our website. If our product's correct price is higher than our stated price, we shall, at our discretion, either contact you for instructions before shipment or cancel your purchase and notify you of such cancellation.

1. Chargeback Policy

A "chargeback" is the reversal of a credit or debit card transaction made on www.EssentialSportsNutrition.com. It is the opinion of Essential Sports Nutrition that chargebacks are often unnecessary, and the company endeavors to address peacefully any billing concerns you may have. Simply contact us if a credit is due, and we will gladly issue it. If you suspect that your credit card or debit card was fraudulently used on www.EssentialSportsNutrition.com, please inform us immediately.

1. Your Results Will Vary

Due to the fact that every individual has a unique physique and past, results will vary from client to customer. WHILE ESSENTIAL SPORTS NUTRITION PRODUCTS HAVE HELPED THOUSANDS OF PEOPLE, YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING ON MANY FACTORS UNIQUE TO YOU, INCLUDING YOUR HEALTH, GENETIC MAKEUP, DIET, AND LEVEL OF EXERCISE. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT FOR A REFUND OR EXCHANGE IN ACCORDANCE WITH THE 30-DAY RETURN POLICY DESCRIBED IN SECTION 8 ABOVE. Remember that physical activity and a good diet are essential components of any lifestyle!

1. No Medical Diagnosis or Treatment

Essential Sports Nutrition is committed to assisting with weight loss and lifestyle improvement. You acknowledge, however, that our products and the statements on the website have not been evaluated by the Food and Drug Administration or medical professionals, and that neither our products nor the information on the Website are intended to diagnose, treat, cure, or prevent any health problems, illnesses, or diseases. The information supplied on the Website or in emails or other communications is for informational purposes only and is not intended to replace medical advice or care. You also acknowledge that our goods are not meant for use by anybody under the age of eighteen (18), nor are they to be used to treat any form of medical disease or health problem. You promise to discontinue use of our products immediately if you suffer any adverse effects or unforeseen side effects. Essential Sports Nutrition does not guarantee or represent that all product information is error-free. All product specifications, performance data, and other material on the Website are provided solely for informational and illustrative reasons, and do not constitute a warranty or representation that the Products will comply to such specifications or performance data. Essential Sports Nutrition does not claim or represent that our products will offer you with any specific benefits or that your results will be comparable to those of others who have used our products. The aforementioned claims and product disclaimers are inapplicable where prohibited by law.

1. Disclaimers of Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW,

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE, AND EXPRESSLY DISCLAIM ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE USE OF THE WEBSITE WILL BE COMPATIBLE WITH ANY OTHER HARDWARE, SOFT (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE. (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM

1. Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, ESSENTIAL SPORTS NUTRITION AND/OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. APPLICABLE REGARDLESS OF HOW DAMAGES WERE ALLEGEDLY CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, AND OTHERWISE. IF, DESPITE THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Essential Sports Nutrition IS FOUND LIABLE UNDER ANY THEORY, THEN ESSENTIAL SPORTS NUTRITION'S LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO $500.00 USD. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, REGARDLESS OF WHETHER Essential Sports Nutrition WAS ADVISED ABOUT THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS IN ADVANCE OR NOT. SOME STATES PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Despite anything to the contrary in these terms, this limitation of liability does not apply to New Jersey consumers.

1. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

EXCEPT WHERE OTHERWISE PROHIBITED OR UNENFORCEABLE BY LAW, IN NO EVENT SHALL ESSENTIAL SPORTS NUTRITION OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EX THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. APPLICABLE REGARDLESS OF HOW DAMAGES ARE ALLEGEDLY CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, AND OTHERWISE. IF, DESPITE THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Essential Sports Nutrition IS FOUND LIABLE UNDER ANY THEORY, THEN ESSENTIAL SPORTS NUTRITION'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO $500.00 USD. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, REGARDLESS OF WHETHER Essential Sports Nutrition WAS AWARE OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. This limitation of liability does not apply to New Jersey consumers, despite anything to the contrary in these terms.

1. General

Arbitration is an alternative to filing a lawsuit to resolve a "Claim." "Claim" refers to any disagreement between you, Essential Sports Nutrition, or any third party involving your account, your use of the Website, your relationship with Essential Sports Nutrition, these Terms, or the Privacy Statement. This includes all claims relating in any way to your use or attempted use of the products, as well as any act or omission by Essential Sports Nutrition or any third party relating to your use or attempted use of the products. A Claim may be pursued by you, Essential Sports Nutrition, or any involved third party. Essential Sports Nutrition consents to final and binding arbitration in the event that it has Claims against you. Likewise, if you have any Claims against Essential Sports Nutrition, you agree to binding and secret arbitration. By agreeing to arbitrate, you forgo your right to sue in court and consent to subject all Claims to confidential, final, and binding arbitration. The Federal Arbitration Act (the "FAA"), 9 U.S.C. 1-16, as amended, governs this arbitration clause and its enforceability.

1. Exceptions

As an exception to final and binding confidential arbitration, you and Essential Sports Nutrition retain the right to pursue in small claims court any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis, including past-due account matters within the small claims court's jurisdiction. Essential Sports Nutrition will not seek arbitration with respect to any claim that you properly file and pursue in a small claims court for as long as the claim remains pending before that court. The following disputes are not subject to final and binding arbitration and must be resolved in state or federal court in West Palm Beach, Florida: I any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including but not limited to trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Essential Sports Nutrition for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly undertake not to bring or join any claims that are excluded from final and binding arbitration under this subsection "b" in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Cases involving small claims may be filed in any court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection "b", the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in West Palm Beach, Florida, and irrevocably waive any objection to the jurisdiction or venue of those courts.

1. Required Pre-Dispute Procedures

Before commencing any Claim against the other, we undertake to provide the other with a written summary of the issue, including all pertinent documents and facts, as well as a suggested resolution. You may submit a letter to Essential Sports Nutrition, Attention: Legal Department, 2253 Vista Parkway Suite 9, West Palm Beach, Florida 33411. Essential Sports Nutrition will communicate with you through letter sent to the billing address you gave or via email sent to the email address you provided. You agree to negotiate your issue or dispute in good faith with Essential Sports Nutrition or its approved representative. We agree to the dispute resolution provisions outlined below if the matter is not resolved within sixty days of receipt of the written dispute. We reserve the right, notwithstanding the foregoing or any other provision of this arbitration agreement, to seek injunctive or other equitable relief in state or federal court located in West Palm Beach to enforce these Terms or prevent an infringement of a third party's rights or our intellectual property rights, as stated in subsection "b" above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions, and you waive any objection to such jurisdiction and venue.

1. Commencing Arbitration

You and Essential Sports Nutrition agree to initiate any arbitration proceeding within one year of the Claim arising (the one-year timeframe includes the requisite pre-dispute processes outlined above) and that any arbitration proceeding initiated after one year shall be permanently barred.

1. Arbitration Location

If the amount in dispute is less than $500, then the arbitration may be performed over the phone or through written submissions. Otherwise, the arbitration shall take place in West Palm Beach, Florida, unless Essential Sports Nutrition agrees to arbitrate in a different location upon your request.

1. Organization, Rules and the Arbitrator

We each agree that all Claims, with the exception of those exempted under clause "b" above, shall be subject to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA"). Any party may initiate the arbitration process by filing a written demand for arbitration to the AAA and delivering a copy to the opposing party within the time frame specified in subsection "d" above. If the parties cannot agree, the arbitrator shall be determined in line with the AAA's Rules. The arbitration shall be conducted in line with the Commercial Dispute Resolution Procedures, Supplementary Procedures for Consumer-Related Disputes in place at the time the demand for arbitration is submitted. The Rules of the AAA can be found at www.adr.org or by contacting 1-800-778-7879. The arbitrator shall have the sole and exclusive authority to settle any disagreement concerning the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, and this arbitration provision. The arbitrator shall have the sole and exclusive authority to assess whether a dispute is amenable to arbitration. The arbitrator shall have exclusive and sole authority to assess whether this arbitration agreement is enforceable against a non-signatory and whether a non-signatory may enforce this provision against you or Essential Sports Nutrition.

1. Fees

The rules of the AAA will regulate the payment of all filing, administrative, and arbitration fees. We will reimburse the arbitrator's fees for claims totaling less than $10,000, unless the arbitrator deems the claims to be without merit. Similarly, we shall not pursue attorney fees and costs in arbitration unless the arbitrator finds the allegations to be frivolous. Each party is responsible for its own additional fees, costs, and expenses, including, but not limited to, those for attorneys, experts, documents, and witnesses.

1. Governing Law and Award

The arbitrator shall apply the substantive law of the State of Florida, regardless of its provisions of conflicts of law. The award shall be accompanied by a confidential written opinion and shall be final, subject to appeal under the FAA. Any court of competent jurisdiction may enter a judgment based on the arbitrator's award.

1. Enforceability

This clause survives termination of your Essential Sports Nutrition account or relationship, bankruptcy, assignment, or transfer. If the class action waiver is judged unenforceable (i.e., if unenforceability would permit arbitration to proceed as a class or representative action), then the entirety of this arbitration clause shall be null and void and shall not apply. If a section of this arbitration clause (other than the waiver of class actions) is declared unenforceable, the remaining portions shall remain in full force and effect.

1. Miscellaneous

Failure or delay in enforcing this arbitration provision in connection with any particular Claim does not constitute a waiver of any rights to require arbitration at a later date or in connection with other Claims, except that all Claims must be brought within the one-year limitation period specified above. This paragraph constitutes the entirety of the arbitration agreement between you and Essential Sports Nutrition and may only be changed by Essential Sports Nutrition in writing.

1. Amendments

Essential Sports Nutrition maintains the right to modify this arbitration clause at its discretion. Your continuing use of the Website, purchase of a product on or via the Website, or use or attempted use of an Essential Sports Nutrition product constitutes your acceptance of these modifications. Essential Sports Nutrition will give you with notice and the opportunity to opt out if this arbitration clause is modified in a major way. Your continuing use of the Website, purchase of a product on or via the Website, or use or attempted use of an Essential Sports Nutrition product constitutes your acceptance of these substantial changes.

YOU AGREE THAT ANY CLAIMS WILL BE DETERMINED INDIVIDUALLY AND SOLELY BY BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU MAY OPT-OUT OF THIS ARBITRATION PROVISION BY WRITING TO US AT Essential Sports Nutrition, Attn: Legal Department, 2253 Vista Parkway Suite West Palm Beach, FL 33411. FOR YOUR OPTION-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED, OR TRIED TO USE WITHIN 30 DAYS OF THE DATE YOU FIRST PURCHASED, USED, OR TRIED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION, AND YOU MUST PROCEED WITH YOUR CLAIM THROUGH BINDING ARBITRATION AS PROVIDED IN THIS AGREEMENT.

17. Use of this Website

This website and its contents, features, functionality, information, text, trademarks, displays, pictures, graphics, and designs (collectively referred to as "Essential Sports Nutrition Content") are owned or licensed by Essential Sports Nutrition. Copyright, trademark, trade secret, and other intellectual property or proprietary rights statutes protect the Website and the Essential Sports Nutrition Content. This Website, the Essential Sports Nutrition Content, or any component of this Website may not be reproduced, duplicated, copied, or otherwise exploited for any purpose, except as expressly permitted herein. You may not utilize our trademarks or service marks in meta tags without our prior, express permission. You understand and accept that you may be subject to civil liability or criminal prosecution if you use the Website or any other Essential Sports Nutrition Content in violation of these Terms of Service or any applicable laws or regulations.

18. Affiliate Links

This website contains affiliate links which means Essential Sports Nutrition may receive compensations for purchases or leads from your actions or purchases.

The listing of these links does not imply endorsement of products or services affiliated.

19. Testimonials, Reviews and Suggestions

Essential Sports Nutrition may use testimonials and/or product reviews in whole or in part, along with the submitter's name, state, and country. Essential Sports Nutrition reserves the right to utilize testimonials for any activity pertaining to its goods, including in print and online media, at its sole and absolute discretion. The testimonials reflect the unique experiences of the customers who submitted them and may not necessarily reflect your own experience with our products. As stated in Section 13, your findings will vary based on factors such as your health, genetics, food, and amount of physical activity.

Anything that you submit or post to the Website and/or provide us, including, but not limited to, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, perform, publish, sell, lease, transmit, adapt, and You represent and warrant that you are the owner of the Submissions or that you have adequate rights to share them with us. All Submissions will become our sole and exclusive property and will not be returned.

In addition, Essential Sports Nutrition reserves the right to rectify grammatical and typographical errors, reduce testimonials before publishing or usage, and review all testimonials prior to publication. Essential Sports Nutrition is not required to use any submitted testimonials or product reviews, in whole or in part. By submitting a testimonial, you indicate that you have read, comprehended, and accept these Terms. Do not submit a testimonial if you disagree with any of these terms.

20. Essential Sports Nutrition Additional Remedies

Essential Sports Nutrition shall have the right to seek an injunction or other equitable relief to prevent or limit irreparable harm in the event of any breach or threatened breach by you of the terms of the parties' Agreement or any infringement or threatened infringement by you of the intellectual property of Essential Sports Nutrition or a third party. Essential Sports Nutrition may pursue all other available remedies for any violation, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you, notwithstanding anything to the contrary in this Agreement.

21. Modification to Terms

We may occasionally modify these Terms, including the Privacy Policy. We may notify you of such modifications by posting the revised Terms on the Website or by sending you an email (if applicable). Such adjustments shall take effect immediately; however, for existing subscriptions, unless otherwise specified, such revisions shall take effect 30 days after publication. Your continued use of the Website after the Terms have been updated signifies that you accept and consent to the modifications.

22. General

These Terms shall be governed by Florida law and controlling federal law of the United States, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with these Terms or any products or services you receive from us shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, then such provision(s) shall be construed, to the extent possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between you and us as a consequence of your use of this website or your purchase of a product from us. Our omission to enforce any right or term of these Terms does not constitute a waiver of such right or provision unless expressly recognized and agreed upon in writing by us. These Terms and the order form you fill out to purchase a product or sign up for a trial or subscription constitute the entire agreement between you and us and supersede any prior or contemporaneous negotiations, discussions or agreements, written or oral, between the parties regarding the subject matter contained herein. Sections 2, 14 through 18, 20, and 22 of this Agreement shall survive the termination of this Agreement and/or your account or relationship with Essential Sports Nutrition, as well as any representations, warranties, and other obligations made or committed by you

23. Questions or Additional Information:

You may contact us by emailing info@EssentialSportsNutrition.com

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Essential Sports Nutrition (hereinafter "We," "Us," "Our") offers a mobile messaging program (the "Program"), which you agree to use and participate in in accordance with these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to address any disagreements with us through binding, individual arbitration, as described in "Dispute Resolution" below. This Agreement is restricted to the Program and is not intended to affect any other Terms and Conditions or Privacy Policy governing your connection with Us in other contexts.

User Opt-In: The Program enables Users to receive SMS/MMS mobile messages by opting in affirmatively, such as through web or application-based enrollment forms. You acknowledge that this Agreement governs your participation in the Program regardless of the opt-in method you used to join. By participating in the Program, you consent to receive autodialed or prerecorded mobile marketing messages at the phone number associated with your opt-in, and you acknowledge that consent is not required to complete a purchase from Us. While you consent to receive messages delivered using an autodialer, nothing in this section should be construed to suggest or imply that any or all of Our mobile communications are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). There may be messaging and data fees.

User Opt-Out: If you no longer wish to participate in the Program or no longer agree to this Agreement, you may opt out of the Program by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. You may receive an extra text message confirming your opt-out decision. You acknowledge and agree that the aforementioned opt-out options are the only viable alternatives. You also acknowledge and agree that any other manner of opting out, including but not limited to texting terms other than those listed above or directly requesting one of our workers to remove you from our list, is not an acceptable form of opting out.

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

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

Program Description:Users who opt into the Program can expect to receive communications regarding the marketing and sale of digital and physical items, services, and events, without limiting the scope of the Program.

Cost and Frequency: There may be messaging and data fees. The Program entails frequent mobile communications, and additional mobile messages may be issued dependent on your interaction with Us.

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

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

Our Disclaimer of Warranty: The Program is provided "as is" and may not be available in all regions or at all times. It may also cease to function if your wireless carrier makes modifications to its products, software, coverage, or other factors. We are not responsible for any delays or difficulties in receiving mobile texts related to this program. Delivery of mobile messages is contingent upon successful transmission from your wireless service provider/network operator, which is beyond Our control. T-Mobile is not accountable for delayed or undelivered mobile texts.

Participant Requirements: You must have your own wireless device capable of two-way messaging, be using a participating wireless carrier, and be a subscriber to a wireless service that includes text messaging. Not all cell phone service providers offer the required service to participate. Check your phone's text messaging capabilities for specific instructions.

Age Restriction: You may not use or interact with the Platform if you are younger than thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you must have permission from a parent or legal guardian to use or interact with the Platform. By using or engaging with the Platform, you affirm and agree that you are not under the age of thirteen (13), are between the ages of thirteen (13) and eighteen (18) and have parental or legal guardian consent to use or engage with the Platform, or are of legal adult age in your jurisdiction. By using or interacting with the Platform, you recognize and accept that your jurisdiction's Applicable Law permits you to use or interact with the Platform.

Prohibited Content: You realize and agree not to transmit any content that is forbidden via the Platform.

- Fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

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

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

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