ALTITUDE LABZ TERMS AND CONDITIONS
- OVERVIEW OF THESE CONDITIONS
You are required to read the provisions in this User Terms and Conditions (these “Conditions”) and agree to it as it relates to your use of the Altitude Labz services and platforms, including your purchase of items through our website and your use of all our social media channels (collectively, our “Services”). Additional terms and conditions may apply when you use certain parts of our Services. Please, read all the terms and conditions.
In these Conditions, “Altitude Labz” or “we” or “us” or “our” refers to Altitude Labz and subsidiaries while “you” or “user” or “your” refers to anyone accessing our website and/or purchasing items through it.
Your use of our Services constitutes your acceptance of these Conditions. If, otherwise, you do not agree to be bound by provisions in these Conditions; you do not have our permission to use our Services, including accessing our website and purchasing from us.
2.1 Modifications to these Conditions: Altitude Labz reserves the right, at our discretion, or due to developments, to amend, change, review, or modify a portion or whole of these Conditions from time-to-time (with or without notice to you). If you will be notified of any modification, it will be communicated to you via your email address as submitted when you purchase from us or contact us. Also, any modification to these Conditions will take effect by posting the modified portion to this page and updating the Last Updated date above. You are obligated to frequently review these Conditions to watch out for modifications to it.
2.2 Modification to our Services: In like manner, we reserve the right to modify or change a portion of any of our Services, including without limitation, changing the prices of the items and modifying or introducing a feature on the website. If we change the price of any item, such a price will not affect you if you have already placed an order for such an item prior to the changes.
- AUTHORIZED USERS / REGISTRATION
Authorization to Use this Site
You hereby confirm to Altitude Labz that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.
Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and completing the registration process.
You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities and liabilities associated with or occurring under your account, username, and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account, username, or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username, or password.
You may not transfer your account, username, or password to another person, and you may not use anyone else's account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse.
In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse all current or future use of the website, or any portion thereof.
- USER REPRESENTATIONS AND WARRANTIES
By using our Website, you represent to us that:
- You are of legal age (usually 18 in most countries) or that your use of our Services is with the help of a parent/legal guardian (if you are below the legal age of majority);
- You can be bound by these Conditions;
- Your use of our Services does not violate any relevant law or regulation of your location;
- The information you have submitted or will submit regarding your order is or will be accurate and complete; and
- Any review you send to Altitude Labz regarding your orders will be an honest review.
Furthermore, you warrant to us that we have the right to rely on the payment and shipping information you submitted or will submit and that we may also send you notices regarding your orders via your email address, including but not limited to, for surveys, reviews, and follow-up chats regarding the order.
You hereby agree that any agreement, notice, disclosure, or other communications that we send to you via electronic means will satisfy any legal communication requirements.
- ORDERS AND PAYMENTS
5.1 Placing orders on the website: To purchase an item on the website, you must provide certain personal information, including your shipping and billing information. Once you have provided all the necessary information, the order details, including the order number, will be made available to you. When you are issued with the order details, it does not mean we have accepted and processed your order. A notice of order approval will be forwarded to your email address if we approve the order. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these Conditions.
By placing an order for any item via the website, you hereby agree to these Conditions and any other additional terms and conditions attached to that item.
5.2 Pricing: The items on the website are available in the US Dollars (USD) and are exclusive of the relevant Value Added Tax (VAT), shipping duties, and shipping fees. If you are to pay for shipping, it will be added to the price of the item upon checkout. The total fees for your order shall be listed in your order details, which includes VAT, shipping fees (if applicable), and shipping duties. However, this does not include the relevant payment method charges.
- ERRORS, OMISSIONS, AND INACCURACIES
The information on the website may, on some occasions, contain errors, omissions, and inaccuracies in connection to the description of products, prices, charges, shipping details, and estimations. Altitude Labz reserves the right to correct such errors, omissions, and inaccuracies, and to update or change information or cancel and update your orders if there is any inaccurate information in your order without notice to you, including after you have placed your order with us.
- DELIVERY OF ITEMS AND RISK OF LOSS
7.1 The item(s) you have placed an order for will be delivered to any shipping address you provided through the billing and shipping page. You are responsible for providing accurate shipping information to enable a prompt and successful delivery of your item(s). To know more about the shipping and delivery of your item(s), please see our Shipping and Delivery page.
7.2 The title and risk of loss are automatically passed to you upon the successful shipping of your item(s). If your item(s) gets lost due to the wrong shipping information provided by you, the liability will be yours to bear. Altitude Labz will not be liable to you if an item gets lost or damaged after a successful delivery or the item gets lost due to the wrong shipping information you submitted during order checkout.
7.3 Furthermore, all notices regarding your order and its delivery will be passed across to you via your email address. You are obligated to provide a valid email address during the order checkout. We will not be responsible for the lack of information due to an invalid or wrong email address submitted by you.
- RETURN AND REFUNDS
If the item(s) in your order is damaged in transit or does not match the items you placed an order for, you may return the item(s) to us within 14 days after delivery and we will either issue a refund or replace the item(s) within 28 days with the terms and conditions below:
- You must check any item(s) delivered at the presence of the delivery agent. If any damage or issue is noticed, you must sign for it or outrightly refuse the delivery. You must inform us of any issue with the order within 24 hours and all the packaging must be intact for you to make a claim. To expedite the reporting process, you should take a picture of the issue or damage and send it over through our email address.
- If an item is subject to a replacement, a similar item will be replaced with it. Under no circumstances will an item be replaced with a different item.
- If an item is undamaged or without issues, you will not be entitled to a replacement.
- All the returns can be sent back to our warehouse at:
2518 West Kingsley Rd.
Ste# 113 Garland Tx 75041
- INTELLECTUAL PROPERTY
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to Altitude Labz and are subject copyright, trademark, and other intellectual property rights under the United State of America (“USA”), foreign laws, and international conventions. The Website Content includes, but is not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.
The logos, designs, page headers, names, script, graphic, button icons, and footers are registered trademarks or common law trade dress of Altitude Labz in the USA and other parts of the world. The Altitude Labz trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to confuse. You do not also have our permission to copy, imitate, or use it without getting written approval from us.
Altitude Labz provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
- RESTRICTIONS ON USE OF SITE CONTENT
All content and materials contained in this Site or made available through the Service (“Content”), are protected by the United States and international trademark and copyright laws, are owned or controlled by Altitude Labz, and must only be used for certain approved purposes as established by Altitude Labz. You may only view or download Content from this Site for your use or as otherwise expressly authorized by Altitude Labz.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of Altitude Labz or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Altitude Labz. The copying posting, linking, or another use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting Altitude Labz in writing at the address listed below.
The trademarks, logos, service marks, and trade names (collectively the "Trademarks") of Altitude Labz or any third party displayed on the Site or content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Trademarks, service marks, logos, and icons owned by third parties are the property of those respective third parties. Altitude Labz and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
- PROHIBITED USER CONDUCT
We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.
You shall not (nor cause any third party to) use the Site or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Site or the Services to gain competitive intelligence about Altitude Labz, the Site, or any product or service offered via the Site or to otherwise compete with Altitude Labz.
- SUBMISSIONS (REVIEWS)
We permit users to send us reviews regarding the purchases they made from us. Reviews are done via our social media pages and our email address. By sending us reviews, you agree that the moral rights you have over the review has been waived by you and that we may request for reviews from you via the email address you submitted on the order form regarding your review.
Also, by sending us reviews, you agree that the reviews you have sent will not be:
- Inaccurate, false, or misleading;
- Reflective of a paid-for review;
- Copied from another website or infringe on any third party’s copyright, trademark, privacy or other intellectual property rights;
- Offensive, threatening, racial, or libelous; or
- Contain any computer worms, viruses, or other computer programs that can damage the website or any network connected to it.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or your breach or violation of the law or these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company's defense of such claim.
Do not exceed the recommended servings. Our products are only intended for healthy adults over the age of 18. You should consult a licensed healthcare practitioner before use especially if you are taking medication or have a medical condition. Do not use if you are currently pregnant or nursing, have had or have a family history of heart disease, high blood pressure, stroke, or any other disease. If you are a competitive athlete and/or subject to drug testing you should consult with your governing body prior to taking this or any other dietary supplement. Discontinue use immediately if you experience any adverse reactions.
ALTHOUGH WE ENSURE THAT THE WEBSITE AND OUR SERVICES ARE PROVIDED TO YOU WITH ACCURACY AND WITHOUT ERRORS; HOWEVER, WE CANNOT, AT ALL TIMES, GUARANTEE THESE. THEREFORE, THE WEBSITE, WEBSITE CONTENT, PRODUCTS, AND THE REST OF OUR SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” BASIS. ALTITUDE LABZ DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE ITEMS, AND WEBSITE CONTENT IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, AND INTENDED PURPOSE. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE WEBSITE AND OUR SERVICES WILL ALWAYS BE WITHOUT ERRORS, BE UNINTERRUPTED OR THAT IT WILL MEET YOUR EXPECTATIONS.
THE TOTAL RISK AS TO THE QUALITY AND FUNCTIONALITIES OF THE WEBSITE IS WITH YOU. FOR THE AVOIDANCE OF DOUBT, ALTITUDE LABZ, AT THIS MOMENT, DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY
ON NO CIRCUMSTANCES SHALL ALTITUDE LABZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY LOSS OR DAMAGES YOU MAY SUFFER DUE TO BREACHES THAT WERE NOT CAUSED BY the US, (II) ANY LOSS OF PROFIT, REVENUE, DATA, GOODWILL OR OTHER BUSINESS LOSSES, (III) INDIRECT OR CONSEQUENTIAL LOSSES THAT WE OR YOU WAS NOT ABLE TO FORESEE WHEN YOU STARTED USING OUR SERVICES.
FURTHERMORE, ALTITUDE LABZ SHALL NOT BE LIABLE FOR ANY FAILURE OF DELAY TO PERFORM OUR OBLIGATIONS AS DESCRIBED UNDER THESE CONDITIONS IF SUCH FAILURE OR DELAY IS AS A RESULT OF CIRCUMSTANCES WHICH ARE BEYOND OUR REASONABLE CONTROL SUCH AS SEVERE WEATHER CONDITIONS, INTERNET BREAKDOWNS, WAR, ACTS OF GOD, GOVERNMENT EMBARGO, AND WEBSITE MAINTENANCE. HOWEVER, THIS DOES NOT AFFECT YOUR LEGAL RIGHTS REGARDING THE RIGHT TO RECEIVE YOUR ORDERED ITEMS OR GET A REFUND WHERE APPLICABLE.
CERTAIN STATE/COUNTRY LAWS DO NOT PERMIT SOME OR ALL OF THE LIMITATIONS STATED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In addition to any other method of termination or suspension provided for in these Terms and Conditions, Altitude Labz reserves the right to terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. Further, you agree that Altitude Labz shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content. Any such termination, suspension or cancellation shall not affect any right or relief to which Altitude Labz may be entitled at law or in equity. Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the Services, and any Content and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
- GOVERNING LAW
You agree that the Website does not give rise to personal jurisdiction over Altitude Labz, either specific or general, in jurisdictions other than the laws of the United States of America. Any claim or dispute between you and Altitude Labz that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in the United State of America. Those who do not choose to access the Altitude Labz do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.
- COPYRIGHT NOTICES
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at firstname.lastname@example.org.
- CONTACT US
For further information or to contact us with questions, concerns, or comments, you may email us at the email in the footer of our website or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.