• 0
    • ☰

    Terms & Conditions

    TERMS & CONDITIONS

    This website is owned and operated by JT Company, LLC dba Just Beat It. Throughout the site, the terms “we”, “us” and “our” refer to of JT Company, LLC dba Just Beat It. JT Company, LLC dba Just Beat It offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

    Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    Our store is hosted on Shopify an they provide us with the online e-commerce platform that allows us to sell our products and services to you.

    SECTION 1 – ONLINE STORE TERMS

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    You must not transmit any worms or viruses or any code of a destructive nature.

    A breach or violation of any of the Terms will result in an immediate termination of your Services.

    SECTION 2 – GENERAL CONDITIONS

    We reserve the right to refuse service to anyone for any reason at any time.

    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

    SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

    Prices for our products are subject to change without notice.

    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    SECTION 5 – PRODUCTS OR SERVICES (if applicable)

    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

    JT Company, LLC dba Just Beat It has made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    For more detail, please review our Returns Policy.

    SECTION 7 – OPTIONAL TOOLS

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

    SECTION 8 – THIRD-PARTY LINKS

    Certain content, products and services available via our Service may include materials from third-parties.

    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    SECTION 10 – PERSONAL INFORMATION

    Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

    SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    SECTION 12 – PROHIBITED USES

    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    In no case shall JT Company, LLC dba Just Beat It, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    SECTION 14 – INDEMNIFICATION

    You agree to indemnify, defend and hold harmless JT Company, LLC dba Just Beat It and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    SECTION 15 – SEVERABILITY

    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 16 – TERMINATION

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

    SECTION 17 – ENTIRE AGREEMENT

    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

    SECTION 18 – GOVERNING LAW

    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 425 South Bowen Street, Suite 4, Longmont, CO 80501, United States.

    SECTION 19 – CHANGES TO TERMS OF SERVICE

    You can review the most current version of the Terms of Service at any time at this page.

    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

    SECTION 20 – CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at info@boulder-hemp.com.

    SECTION 21 DISCLAIMER LEGAL CBD

    Our Full Spectrum products line contain .03% or less THC. Our Isolate and Broad-Spectrum Product Lines contain no THC.

    DEALER PROGRAM TERMS AND CONDITIONS

    These terms and conditions (the “Terms and Conditions”) govern the sale and provision of the products identified on the Just Beat It Price List and on all Just Beat It Purchase Orders. By submission of an order to purchase any products (the “Products”) made or sold by JT Company, LLC, a Colorado limited liability company doing business as Just Beat It (the “Company”), whether through submission of a Purchase Order (whether or not executed), delivery of payment, acceptance of delivery or otherwise, each buyer (“Buyer”) agrees to be bound by these Terms and Conditions. The Company has no obligation to accept any Purchase Orders. When a Purchase Order is accepted by the Company, the Purchase Order, including all of these Terms and Conditions, shall constitute a binding contract between Buyer and the Company. These Terms and Conditions are the exclusive and controlling agreement between the Company and Buyer, and Company does not accept and hereby expressly rejects all additional and/or inconsistent terms and conditions contained in any order or other document issued by Buyer.

    1. Orders and Prices. All prices are as set forth on the Just Beat It Price List (the “Price List”) attached to theses Terms and Conditions as Exhibit A, which is subject to change by the Company from time to time without notice. The prices set forth on the Price List are not subject to any discounts and do not include any applicable taxes, and all such taxes are the sole responsibility of Buyer. All payments are due and payable prior to shipment of the Products. All orders must be submitted in writing via email to admin@justbeatit.com. Where credit is being extended to Buyer, all amounts due and payable on a Purchase Order shall be paid in full by Buyer within thirty (30) calendar days of the shipment of the Products. Buyer will be responsible for a 1.5% finance charge per month, or the maximum rate legally permissible under applicable law, charged on a daily basis, on past due accounts and all expenses of collections, including reasonable attorneys’ fees.

    2. Shipping Charges. Standard shipping charges will be paid by the Company. Requests for expedited service or other special shipping instructions must be made at time of order and are not included in the prices set forth on the Price List. A fee of $25 will be added to all drop-ship orders.

    3. No Cancellations. Buyer may not cancel any order without Seller’s approval, and Seller is under no obligation to accept any cancellations and may refuse any Buyer requests for cancellation in Seller’s sole discretion. All products returned to the Company must have a Return Merchandise Authorization number (RMA) issued by the Company clearly marked on the outside of the shipping carton or the shipment will be refused. Call the Company’s Customer Service at 303-551-1715 for an RMA number and shipping instructions before returning any merchandise. Product ordered in error may be returned to the Company if a request is made within 7 days of receipt of order. All products must be in new; unused condition packed in the original packaging. Return freight must be prepaid. A 20% re-stocking charge will be deducted from the credit issued. Additional charges may be applied for damaged product or packaging.

    4. Delivery. Any dates specified by Seller for delivery of the Merchandise are intended to be an estimate and shall be non-binding. Buyer shall bear all risk of damage or loss to the Products beginning with the delivery of the Products to the common carrier. Time for delivery shall not be of the essence. If no dates are so specified, delivery will be within a reasonable time.

    5. Retail Requirements. All Products sold by Buyer shall be in same packaging in which the Product is shipped to Customer. All Products must be displayed and located in clear line of sight of all entryways used by customers, clients and patients of Buyer. Buyer may not sell any Products at a price, including any Buyer-offered sales or discounts, lower than the Minimum Advertised Price (“MAP”) set forth on the Price List.

    6. Restrictions. Buyer is prohibited from exporting the Products from the USA. Buyer may not re-sell the Products to any other dealer, distributor, wholesaler, or other commercial entity.

    7. Marketing. Subject to the terms of these Terms and Conditions, the Company grants Buyer a non-exclusive right to market and solicit sales for the Products (including through the use of social media), at Buyer’s sole cost and expense. Any advertisements made by Buyer shall be subject to prior approval by the Company. All social media posts shall comply with the content policies set forth on Exhibit B attached hereto and made a part hereof (the “Content Policy”). Buyer shall make the Company’s marketing materials available in all appropriate areas in Buyer’s retail premises, offices, clinics, etc.

    8. Independent Status. Buyer is not an employee, agent or servant of the Company. Nothing in these Terms and Conditions shall be construed to create a joint venture, partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that the relationship is and shall remain that of independent parties to a contractual relationship as set forth in these Terms and Conditions. Each party shall comply with and be solely responsible for his or its own compliance with all pertinent laws and regulations governing the activities performed by them.

    9. Intellectual Property Ownership.

    (a) As used in these Terms and Conditions, “Work Product” shall mean any designs, drawings, advertisements, social media posts, images, memes, slogans, marketing plans, reports, sales information, information about customers and other items that are created, prepared, produced, authored, edited, modified, conceived, or reduced to practice in the course of marketing and selling the Products. Each Work Product shall be a “work made for hire” within the meaning of the copyright laws of the United States and any similar laws of any other jurisdiction. To the extent that a Work Product does not qualify as a “work made for hire” or that Buyer otherwise has rights in any Work Product notwithstanding the foregoing, Buyer hereby irrevocably assigns to the Company and agrees that the Company shall be the sole and exclusive owner of, all right, title and interest in and to the Work Product, including all patent, copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect. Upon the request of the Company, Buyer shall sign and deliver any assignments or other necessary documents and otherwise assist the Company to obtain, maintain, perfect or enforce any of the Company’s rights hereunder.

    (b) As between Buyer and the Company, the Company is and will remain the sole and exclusive owner of all right, title, and interest in and to any documents, specifications, data, methodologies, software, other materials provided to Buyer by the Company, trade names, logos, symbols, and brand names (collectively, “Company Materials”), including all patents, copyrights, trademarks (together with the goodwill symbolized thereby), trade secrets, know-how, and other confidential or proprietary information, and other intellectual property rights (collectively “Intellectual Property Rights”) therein. Buyer has no right or license to use, publish, reproduce, prepare derivative works based upon, distribute, perform, or display any Company Materials except solely during the term of these Terms and Conditions to the extent necessary to perform the Services. All other rights in and to the Company Materials are expressly reserved by the Company.

    10. Confidentiality. All information disclosed by the Company to Buyer, including, but not limited to, technical, financial and business information shall be deemed “Confidential Information.” Buyer agrees that no further designation of any kind is necessary to qualify such information as confidential. All Confidential Information shall remain the sole property of the Company and Buyer shall have no rights to the Confidential Information. Buyer agrees not to disclose Confidential Information in any manner without the prior written consent of the Company, and agrees that it shall not use Confidential Information in any way for its own account or the account of any third party. The provisions of this Section shall survive the expiration or earlier termination of these Terms and Conditions Notwithstanding the other provisions of these Terms and Conditions, nothing shall be considered to be Confidential Information, if (i) it has been provided by the Company with the understanding that Buyer will publish it or otherwise make it available to the public in furtherance of these Terms and Conditions; (ii) it has been rightfully received by Buyer from a third party or public source without confidentiality limitations; (iii) it was known to Buyer prior to its first receipt from the Company; (iv) it has been intentionally disclosed by the Company to a third party without restriction on further disclosure; (v) it is required to be disclosed in the context of any administrative or judicial proceeding; provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Company.

    11. No conflict. Buyer certifies that there are no outstanding agreements or obligations that are in conflict with the terms of these Terms and Conditions, or that would preclude Buyer from complying with the provisions hereof.

    12. No Warranties. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OR GUARANTEES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY HAVE ANY OBLIGATION OR LIABILITY FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE OR GOODWILL), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE TOTAL LIABILITY OF THE COMPANY (INCLUDING ITS SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY PRODUCTS SOLD UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S).

    13. Indemnification. Buyer shall defend, indemnify, and hold harmless the Company and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from: (i) bodily injury, death of any person, or damage to real or tangible, personal property resulting from Buyer’s acts or omissions; (ii) Buyer’s breach of any representation, warranty, or obligation under these Terms and Conditions; (iii) Buyer’s use of social media; and (iv) Buyer’s tax and employment obligations, including but not limited to any claims made by or on behalf of any employees, contractors or agents of Buyer.

    14. General Provisions.

    (a) Governing Law and Venue. These Terms and Conditions shall be governed under and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Any action or proceeding by either of the parties to enforce these Terms and Conditions shall be brought only in any state or federal court located in Denver Colorado . The Parties hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.

    (b) Notice. Any notice required or permitted under the terms of this Agreement or required by law must be in writing and sent, by any reasonable means, to the address of the recipient party set forth on the signature page of this Agreement. All such notices shall be deemed given upon mail, courier deposit or electronic transmission.

    (c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect and the Agreement shall be construed in all respects as though such invalid or unenforceable provision were omitted.

    (d) Amendment. These Terms and Conditions may only be changed by written consent of both parties.

    (e) Successors. These Terms and Conditions will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that Buyer may not assign any of its rights and obligations hereunder without the prior written consent of the Company. Any attempted assignment in violation of this section will be void.

    (f) Headings. Headings used in these Terms and Conditions are solely for the convenience of the parties and shall be given no effect in the construction or interpretation of these Terms and Conditions.

    (g) Waiver. No waiver of any breach shall be valid or binding unless approved in writing by the non breaching party. Forbearance or indulgence by the non breaching party shall not constitute a waiver of the covenant or condition to be performed by the breaching party or of any remedy available to the non breaching party. No waiver of any breach of these Terms and Conditions shall constitute or be deemed a waiver of any other or subsequent breach.

    (h) Injunctive Relief. The parties agree that any breach of the parties’ obligations regarding Intellectual Property Rights or Confidential Information would result in irreparable injury for which there is no adequate remedy at law. Therefore, in the event of any breach or threatened breach of a party’s obligations regarding Intellectual Property Rights or Confidential Information, the aggrieved party will be entitled to seek equitable relief in addition to other available legal remedies in a court of competent jurisdiction.

    (i) Complete Agreement. These Terms and Conditions constitutes the complete understanding of the parties and supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other statement or promise relating to the subject matter of these Terms and Conditions which is not contained herein, shall be valid or binding.

    Product Title Product Option Image Search Wholesale MAP MSRP
    Workout Support Individual Pouch Workout Support-Individual Pouch $ 2.99 $ 4.79 $ 5.99
    Workout Support 1 Box (10 Pouches) Workout Support-Box of 10 $ 24.99 $ 39.99 $ 49.99
    Workout Support 1 Bottle (60ct capsules) Workout Support-60ct Bottle $ 29.99 $ 47.99 $ 59.99
    Immune Support Individual Pouch Immune Support-Individual Pouch $ 2.99 $ 4.79 $ 5.99
    Immune Support 1 Box (10 Pouches) Immune Support-Box of 10 $ 24.99 $ 39.99 $ 49.99
    Immune Support 1 Bottle (60ct capsules) Immune Support-60ct Bottle $ 29.99 $ 47.99 $ 59.99
    Party Support Individual Pouch Party Support-Individal Pouch $ 2.99 $ 4.79 $ 5.99
    Party Support 1 Box (10 Pouches) Party Support-Box of 10 $ 29.99 $ 47.99 $ 59.99
    Party Support 1 Bottle (60ct capsules) Party Support-60ct Bottle $ 39.99 $ 63.99 $ 79.99

    Exhibit B Content Policy

    • • The Company may require that specific content, hashtags, trademarks or images appear in each post.
    • • Posts are subject to the Company’s approval; the Company has the right to require Buyer to obtain approval prior to posting, or to require Buyer to remove any posts which Company disapproves. Whether or not the Company has approved any posts, Buyer is solely responsible for the content of all posts.
    • • Posts must comply with the most recent Federal Trade Commission Guides Concerning the Use of Testimonials and Endorsements in Advertising (“FTC Guides”), including any updates, additions, modifications, or supplemental guidance to the FTC Guides.
    • • Posts may not contain any material that is abusive, obscene, pornographic, vulgar, slanderous, offensive, defamatory, knowingly false, inaccurate, threatening, harassing, abusive, illegal, or invasive of personal privacy. Sexual harassment and other forms of unlawful discriminatory harassment, such as hostility based on race, gender, sexual orientation or other classes protected by federal, state or local law are strictly forbidden.
    • • Posts may not be intentionally misleading, deceptive, untrue, or fraudulent.