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Terms & Conditions

Welcome to Our Site!

 

PLEASE REVIEW AND READ THE TERMS OF USE CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT AND APPLIES TO ALL USERS OR VISITORS TO OUR WEBSITE.  If you do not agree with these terms, please do not access or use our website.

 

INTRODUCTION

The following terms are used throughout this Agreement:  “Customer” includes and is not limited to: a “Visitor”; “User”; “Client”; “You”; or “Your”.  “Company” includes and is not limited to: WWW.SPIKE-FREE.COM; “Company”; “We”; “Us”; “Our”; and “Ours”.

When you register as a customer or access our website, it is presumed that you agree with these Terms of Use and that you also agree to our Privacy Policy which supplements this Agreement. Our Privacy Policy can be viewed at: http://www.spike-free.com/#!privacy/c12y7

We reserve the right to amend, change, or modify our Terms of Use at any time without notice to you.  In the event of any changes, notice shall be uploaded and provided upon our website.

 

USE OF CONTENT

WWW.SPIKE-FREE.COM was designed for your ease of use and navigation, but we do ask that you refrain from the following restricted behavior:

 (a) downloading, copying, or transmitting any or all of our website or its content without our permission or an agreement;  (b) using data mining, robots, or similar data extraction methods; (c) manipulating or displaying our Website or its content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any person, user, company, or other third party for any product or service unless you have permission and consent to do so;

and (e) using our website or its content other than for its intended purpose,  including but not limited to: defamation; harassment; stalking; abusive or threatening behavior; or any behavior that might violate the substantial rights of our company, or that of others.

You also may not impede or interfere our website’s security, or otherwise abuse our system resources; service; or networks connected to or accessible through our website. 

All content located upon our website belongs to our Company, which is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws (both local and international).  You may not infringe upon those rights, and agree to comply with all applicable copyright and trademark laws; copyright notices; logos; service marks; and any restrictions contained in any content contained within our website.  “Content” includes and is not limited to:  programming; code; illustrations; pictures; graphics; logos; trade and service marks; text; information; data; files; as well as any and all recorded media such as audio (MP3) or video files.

We do not guarantee correctness of any content or information provided by third-party advertisers or vendors.  You understand that any content you access, through our website, or an advertiser’s website is at your own risk and you agree to accept full responsibility for any damages or losses to you or any other party.  

 

LICENSING

Except as otherwise provided within this Agreement, you grant us an unlimited  and irrevocable license and right to use any and all submissions upon our website, without limitation. A “submission” includes is not limited to: pictures; illustrations; comments; ideas; suggestions; likenesses; audio or video recordings;   or similar materials transmitted, or uploaded on or through our website. A submission shall not at any time be treated as confidential or proprietary information, nor shall you be entitled to any royalties.

Where our website is configured to allow downloadable content, we allow you to download one copy of said content for personal, non-commercial use only, provided you do not make any changes or modifications to our content; nor use content in any manner that suggests you have an association; affiliation; with any of our services; products; or brands; unless it is with our prior written permission.  Nor may you use our content for any commercial; illegal; or improper purpose.

 

CUSTOMER ACCOUNTS AND REGISTRATION

Visitors can browse or review our website without registering, but as a condition to using certain aspects of our website or ordering products, you will be required to register.  As a result, you warrant and promise that you are over the age of eighteen (18), and are providing us with accurate and complete registration information, such as: your user name; e-mail address; contact information; and password.  It is your responsibility to maintain and safeguard all registration information.  If you fail to do so, or fail to keep contact information up to date, it may be a breach of these Terms, which could result in the termination of your account.

Only one account is permitted per customer.  You will be required to have a valid email address or username along with a password to login to your account.   Obscene or profane usernames are not permitted, and we reserve the right to refuse registration of, or cancel a user name at any time.  Customers are responsible and liable for all activity on their account.   If you believe there is unauthorized activity on your account; or that your account has been hacked; immediately notify us in writing via email addressed to our customer service department at: lp.spikefree@gmail.com

 

It is your responsibility to insure these Terms of Use comply with all laws, rules and regulations applicable to you in your home country, and the right to access our website; use products or services;  is revoked where these Terms of Use or use of our service is prohibited by law.

 

 

CUSTOMER SUPPORT

If at any time you need to contact us about: products or services located on our website; the status of an order; your account; or account security; you can email us at: lp.spikefree@gmail.com.  Please allow 24 - 48 hours for response time.

 

ORDERS AND SHIPPING

We promise to make every effort to process product orders in a timely fashion. In return, you warrant to pay for products ordered on time, in addition to any associated fees such as: shipping; taxes; and duties.  You understand that you are also financially liable for chargebacks and their associated fees, in the event your financial institution cancels or refuses payment for any order.  If that happens, we may terminate your account and your ability to access the account as well as certain functionalities of our website. You understand that you are liable for any and all shipping fees, which may include and is not limited to: custom duties; taxes; VAT; and handling fees. These are the responsibility of the customer and not www.spike-free.com.

 

SATISFACTION GUARANTEE

We pride ourselves on our nutritional products and bars, which are made from wholesome, high-quality ingredients. If at any time you are not absolutely satisfied with your purchase, please let us know – as we would value your feedback, and seek to maintain you as a customer of spike-free. 

 

TERMINATION

You can terminate your account at any time by following the instructions provided on our site.  All conditions contained within this Terms of Use Agreement shall survive termination, which includes and is not limited to:  warranty disclaimers; indemnification; limitation of liability; disputes;  and choice of law provisions.

 

We reserve the right to terminate your account at any time with or without cause which may include and is not limited to: inappropriate, illegal, or unlawful behavior; spam; breach of this agreement and our policies; impeding or breaching our website and its security;  violating our intellectual property rights; harassment; or non-payment for orders.

 

WARRANTY DISCLAIMER

OUR WEBSITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WWW.SPIKE-FREE.COM DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

 

You hereby disclaim and release us, our owners; directors; employees; representatives; and agents; from any and all liability or claims as a result from accessing or obtaining content on our website.   We make no warranty or representation concerning any content you access through our website or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material you access.

 

MEDICAL DISCLAIMER

Any and all content and information provided on our website is for educational and informational use only, and is not to be construed as medical advice.  Our website is not intended to provide a diagnosis, treatment or medical advice of any medical condition or disease.  Products, services, information and other content provided on this Site, including information that may be provided on this site directly or by linking to third-party websites is provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options. 

Testimonials and product ratings are provided from customers and clients and express their personal views made in their personal capacity only and are not to be construed as a substitute for medical advice. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless WWW.SPIKE-FREE.COM, its directors, owners, officers, employees, and agents from all losses, costs, actions, claims, damages, expenses, or liabilities, that might arise from or relate to your use or misuse of, or access to: our website; services; products; content; URL; links;  violations of our Terms of Use or Privacy Policy; or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 

 

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOU ARE ASSUMING ALL RESPONSIBILITY AND RISK FOR USING OUR WEBSITE, PRODUCTS, AND SERVICES. 

 

IN NO EVENT SHALL WWW.SPIKE-FREE.COM OR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY ($50.00) U.S. DOLLARS.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

UNFORESEEN EVENTS

You understand and agree that we shall not be responsible for any unforeseen event, delay or failure to perform to the extent that such delay or failure is caused by fire, flood, explosion, strike, labor unrest, riot, embargo, act of civil or military authority, accident, acts or omissions of carriers, “Act of God”, or other such contingencies beyond its control. Notice of any Force Majeure Event shall provided on our website as promptly as possible after its occurrence, and we shall facilitate resumption of services as soon as possible.

 

MODIFICATION AND ASSIGNMENT

You understand and agree that you do not have the right to change or modify these Terms of Use or our Privacy Policy at any time.  Nor may you assign your legal rights, duties, or obligations under our Terms of Use or Privacy Policy without our prior written consent. To do so nullifies this agreement and terminates our relationship.

 

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (i.e. “Hong Kong”), excluding conflicts of law provisions. 

If any provision of this Agreement is deemed unenforceable, or invalid, the unenforceable or invalid provision shall be deemed modified to the least extent necessary to become legal and enforceable and no other provisions affected thereby.

Any and all disputes regarding these terms shall be resolved in a professional and business-like manner, absent resolution, disputes shall be resolved via Mediation, located in Hong Kong, with the parties agreeing to share the cost and choice of a third-party Mediator.  

The prevailing party shall be entitled to reimbursement of any and all costs and fees, including but not limited to attorney’s fees.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon, or relating to this Agreement, and shall be treated as any other business or legal document.

 

CONTACT

If you have any questions or comments about these Terms of Service, you may contact WWW.SPIKE-FREE.COM at the following address:

 

Address: 27 Opui village, Mang Kung Uk Rd, Clearwater Bay.  Hong Kong.

 

Email: lp.spikefree@gmail.com

 

Effective Date: 15th June 2015