Phorari LLC | 12913 Harbor Blvd Ste Q3-133, Garden Grove, CA 92840, USA
PLEASE REVIEW THE SALES, SHIPPING, REFUND AND RETURN POLICIES BELOW BEFORE PURCHASING
MERCHANDISE ON muscleupreachyourpeakpower.com
(“WEBSITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF
MERCHANDISE FROM THE WEBSITE (“MERCHANDISE”). BY ACCEPTING THESE TERMS AND CONDITIONS
THROUGH THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR
ENTRY OF PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE
muscleupreachyourpeakpower.com (“Muscle Up Reach Your Peak Power,” “WE”, “US,” AND “OUR”) TO CHARGE
THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED
FOR THE PURCHASE OF MERCHANDISE.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH
AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT
IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE
WEBSITE.
Ordering Merchandise through the Website. By placing a
one time purchase through this website, you agree to the terms and conditions
set. If you have any questions please contact Our Customer Service Department
toll-free at (866) 474-2550 or email us at
[email protected]. Our Customer
Service Department is open 8am to 8pm M-F and 9am-3pm Saturday, EST.
All orders placed through the Website are subject to
Muscle Up Reach Your Peak Power acceptance. After your order
has been placed, we will provide you with an email confirming our receipt of
your order. The confirmation you receive does not constitute our acceptance of
your order. Rather, we are only confirming our receipt of your order.
Muscle Up Reach Your Peak Power may refuse to accept or may
cancel any order, whether or not the order has been confirmed, for any or no
reason, and without liability to you or anyone else. If your payment card or
payment method has already been charged for an order that is later cancelled by
Muscle Up Reach Your Peak Power, we will issue you a refund.
If you do not receive confirmation that your order has been placed, please
contact our Customer Service Department at
(866) 474-2550 or
[email protected]. Your order will be
deemed accepted upon its shipment and your receipt of a shipment confirmation of
your order. Processed orders will be shipped according to the terms of our
shipping policies, which are summarized herein.
While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
Orders that, in our sole discretion, appear to be placed by dealers,
resellers or distributors.
Orders that appear to be shipped to a freight forwarding company for
reshipment.
Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
Incorrect credit card information such as card number, expiration date and card security value;
Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
Orders, in our sole discretion, that we suspect to be fraudulent. We
reserve the right to cancel or not accept any order that we suspect to
have been placed as a result of fraudulent activity. We further reserve
the right to cancel or not accept subsequent orders from customers with
a previous fraudulent order history.
Orders connected to previous credit card disputes.
If your order has been processed and shipped, you may return the Merchandise you
ordered pursuant to the terms of our Refund & Return Policy, which is
summarized in Section VII below.
Arbitration Agreement and Class Action Waiver. Except
where prohibited by law, you and
Muscle Up Reach Your Peak Power agree that any dispute
between us (including disputes against any agent employee, subsidiary,
affiliate, predecessor in interest, successor, or assign of the other) relating
to our Website, the information, services, software functionality, and/or
materials (“Services and Materials”) published by
Muscle Up Reach Your Peak Power on or through the Website,
any transaction or relationship between us resulting from your use of our
Website, communications between us, or the purchase, order, or use of our
Merchandise, will be resolved exclusively and finally by binding arbitration and
the arbitration decision may be enforced and judgment entered thereon in any
court of competent jurisdiction. Any such arbitration will take place in the
county or municipality where we have a principal business address or such other
location where we mutually agree. We may also mutually agree to have the
arbitration conducted by telephone or based on written submissions. You and
Muscle Up Reach Your Peak Power agree that this arbitration
agreement is made pursuant to a transaction involving interstate commerce and
shall be governed by the Federal Arbitration Act (“FAA”), and not by any state
law concerning arbitration. You and
Muscle Up Reach Your Peak Power further agree that any
determination regarding the applicability, enforceability, or validity of this
arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT
TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In
arbitration, a dispute is resolved by a neutral arbitrator or panel of
arbitrators, rather than by a judge or jury. Arbitration is more informal than a
court trial; however, an arbitrator can award the same relief that a court can
award. The arbitration will be administered by the American Arbitration
Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and
the Supplementary Procedures for Consumer Related Disputes (collectively, the
“AAA Rules”) then in effect at the time of the dispute. You may obtain
copies of the AAA Rules and forms and instructions for initiating
arbitration by visiting the AAA website at www.adr.org, or by calling AAA at
(800) 788-7879. If you initiate arbitration,
Muscle Up Reach Your Peak Power will reimburse you for any
standard filing fee which may have been required by AAA once you have notified
Muscle Up Reach Your Peak Power in writing and provided a
copy of the arbitration proceedings. However, if
Muscle Up Reach Your Peak Power is the prevailing party in
the arbitration, applicable law may allow the arbitrator to award attorneys’
fees and costs to Muscle Up Reach Your Peak Power. If for
any reason the AAA is unavailable, the parties shall mutually select another
arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class
action basis or in a purported representative capacity. No claim submitted to
arbitration is heard by a jury or may be brought as a private attorney general.
You do not have the right to act as a class representative or participate as a
member of a class of claimants with respect to any claim submitted to
arbitration. The arbitrator may not consolidate more than one person’s claims
against Muscle Up Reach Your Peak Power and may not preside
over any kind of representative or class proceeding against
Muscle Up Reach Your Peak Power, its agents, officers,
shareholders, members, employees, subsidiaries, affiliates, predecessors in
interests, successors and/or assigns. You acknowledge that this class action
waiver is material and essential to the arbitration of any disputes between the
parties and is non-severable from the agreement to arbitrate claims. If any
portion of this class action waiver is limited, voided, or cannot be enforced,
then the parties' agreement to arbitrate shall be null and void. YOU
UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS
THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST
Muscle Up Reach Your Peak Power, ITS AGENTS, OFFICERS,
SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN
INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE
PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE,
AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR ORDER RECEIVED
DATE.
Merchandise Offers and Modifications. Our Merchandise is offered in varying packages for purchase as follows:
This charge on your card will appear as muscleupreachyourpeakp.
Payments.
Muscle Up Reach Your Peak Power offers methods of payment
for you to purchase Merchandise including, credit cards.
Muscle Up Reach Your Peak Power reserves the right to request
additional evidence or proof of billing information or other information
associated with the credit card used to purchase Merchandise from the Website.
In the event that the requested evidence or proof is not provided or is
insufficient, we reserve the right to refuse to accept the order. If you believe
your credit might have been used in a fraudulent manner to purchase Merchandise,
please contact our Customer Service Department at
(866) 474-2550 or
[email protected].
By ordering Merchandise from Muscle Up Reach Your Peak Power,
you authorize Muscle Up Reach Your Peak Power to charge your
credit card accordingly. Please be aware that the descriptor (or subject line)
that appears on your credit card entry will refer to
muscleupreachyourpeakp. If you have any
questions about the descriptor on your credit card statement, you should call
our Customer Service Department toll-free at
(866) 474-2550 or
[email protected].
Taxes. All orders are subject to applicable taxes in the
states to which they are shipped.
Shipping Policy. All orders are shipped via USPS to the
address you provide at the point of sale. We ship within 1-2 days of when you
place your order. Orders placed on the weekend will be shipped the following
business day. Please be advised that shipments are not sent out on Saturdays,
Sundays, or any Holidays. We do not guarantee arrival dates or times, but you
will receive the product within 3-5 days from purchase.
Refund & Return Policy. If at any time you are not
satisfied with the Merchandise for any reason, you may call our Customer Service
Department toll-free at (866) 474-2550 or
email us at [email protected] and
request a refund. To be eligible for a return, the product must be returned
within 30 days otherwise, returns cannot be processed. When emailing us, please
include your full name and address, as well as the name of the Merchandise that
you ordered. More stipulations to our refund policy are as follows:
Repetitive refunds are not permitted unless the Merchandise, as delivered
to you, is defective.
Muscle Up Reach Your Peak Power reserves the right
to refuse a refund to any customer who repeatedly requests refunds or
who, in Muscle Up Reach Your Peak Power judgment,
requests refunds in bad faith.
In order to process your refund, you must supply
Muscle Up Reach Your Peak Power with your name and
delivery address. If you provide us with insufficient or incorrect
information, your refund will be delayed. We will credit one order per
customer when the received package containing the originally ordered
product(s), either opened or unopened, post marked within 30 days of the
received date and the included RMA number obtained from customer
service.
Depending on the bank that issues the credit card you used, your refund can take up to seven (7) days to appear on your credit card statement. If you have any questions about whether a refund has been issued by Muscle Up Reach Your Peak Power, please call our Customer Service Department toll-free at (866) 474-2550.
Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated charges.
Return Address: 12913 Harbor Blvd Ste Q3-133, Garden Grove, CA 92840
Billing Errors. If you believe that you have been
erroneously billed, please notify our Customer Service Department toll-free at
(866) 474-2550 8am to 8pm M-F and 9am-3pm
Saturday, EST immediately of such error.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, Muscle Up Reach Your Peak Power AND
AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR ANY PRODUCT OR USE OF THE
PRODUCT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR A PRODUCT NOT BEING
AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. IN NO EVENT WILL
Muscle Up Reach Your Peak Power OR ITS OFFICERS, DIRECTORS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A
SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCT, Muscle Up Reach Your Peak Power AND ITS
AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AMOUNT PAID FOR THE APPLICABLE PRODUCT. IN SOME JURISDICTIONS, LIMITATIONS OF
LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON
LIABILITY MAY NOT APPLY.
Age Restrictions
. The website is not intended for use by individuals under the age of majority in their region. By accessing or using the website, you confirm that you are at least the age of majority in your jurisdiction. If you are under the age of majority, you must not use the website or provide any personal information..
Disclaimer of Warranties.
Muscle Up Reach Your Peak Power AND AFFILIATES MAKE NO
WARRANTY OF ANY KIND REGARDING THE MERCHANDISE AVAILABLE FOR SALE ON THE
WEBSITE. EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
REGARDING THE MERCHANDISE, Muscle Up Reach Your Peak Power AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
Billing & Customer Support. We welcome all support
inquires by the following methods:
Phone Support: (866) 474-2550
Email Support: [email protected]
Customer service 8am to 8pm M-F and 9am-3pm Saturday, EST. When emailing us,
please include your full name and address, as well as the name of the Product(s)
that you ordered.
