YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

WE RESERVE THE RIGHT TO UPDATE THESE TERMS AT ANY TIME BY POSTING AN UPDATED COPY OF THE TERMS TO THE SITE AND YOU WAIVE THE RIGHT TO NOTICE OF ANY SPECIFIC CHANGES TO THESE TERMS. BY CONTINUING TO ACCESS AND USE THE SITE AFTER THESE TERMS ARE UPDATED, YOU AGREE TO THE UPDATED TERMS. YOU MAY ALSO BE SUBJECT TO THESE TERMS BY AGREEING TO THEM THROUGH OTHER MEANS (E.G., CLICKWRAP AGREEMENT) AND ALL TERMS AND PROVISIONS HEREIN SHALL BE FULLY BINDING IN SUCH CIRCUMSTANCES.

This website (this "Site") is operated by Universal Nutrition dba Animal, or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents (“Animal,” "we,” or “us”). By accessing or using this Site, you agree to these Terms & Conditions (these “Terms”). If you do not agree to these Terms, do not access or use this Site. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND LIABILITIES, AND THEY SPECIFICALLY ALLOW FOR THE COMPANY TO ENGAGE IN ARBITRATION TO SETTLE DISPUTES AND ADDRESS CIRCUMSTANCES IN WHICH YOU WAIVE YOUR RIGHT TO A JURY TRIAL. If you have any questions about the Terms, please contact us at info@animalpak.com.

PRIVACY

Use of this Site is subject to our Privacy Policy, which is accessible here: Privacy Policy. Our Privacy Policy ("Privacy Policy") is incorporated into, and forms an integral part of, these Terms. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide Animal, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully.

Consumer Health Data Privacy Policy. Our Consumer Health Data Privacy Policy (the “Health Privacy Policy”) is hereby incorporated into, and forms an integral part of, these Terms. From time to time, you may furnish to us, either directly or through our third-party agents, with “Consumer Health Data” (as the term is so defined within the Health Privacy Policy), provided however, you may only furnish us with such Consumer Health Data through the following communication channels: mail (Animal, Inc, ATTN: Customer Support, 3 Terminal Rd, New Brunswick, NJ 08901); or email (info@animalpak.com). For the avoidance of you doubt, you may not, under any condition, upload or otherwise input in this Site (whether via a chat-box, interactive form, or other online communication platform) any Consumer Health Data whatsoever. To the extent you furnish us with Consumer Health Data in accordance with the foregoing, you hereby represent and warrant the following: (i) you will comply with the information disclosure requirements set forth herein, (ii) you have read and understood the Health Privacy Policy, and (iii) you have the lawful right, authority, and necessary consent to provide us with Consumer Health Data. You hereby acknowledge and agree that failure to adhere to, or otherwise comply with, these conditions, representations, and the Health Privacy Policy is a material breach of these Terms. You agree to fully and completely defend, indemnify, and hold harmless Animal, its affiliates, licensors, and service providers for any harm, loss, and damages incurred from a breach of these Terms.

PERSONAL USE OF SITES

Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site ("Content"), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.

You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.

You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any "scraping" or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via "in-line" linking or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other "hidden text" utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Animal, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Animal, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

ACCOUNTS AND REGISTRATION

Please note that you may choose to use the Site and make purchases without creating an account.

If you choose to create an Animal account (“Account”), you must:

• Provide us with your name, a valid e-mail address, and such other information as we may require from time to time; and
• Create a username and password.

You represent and warrant that the information you provide to us upon creating an Account on the Site and at all other times will be true, accurate, current, and complete. Your Account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. We reserve the right to terminate any Account at any time in our sole discretion, including without limitation for any failure to comply with these Terms, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.

MAKING A PURCHASE

If you wish to purchase products described on the Site, you will be asked to supply certain information, including but not limited to your shipping address and credit card or other payment information. You agree that all information that you provide to us will be accurate, current and complete. You agree to pay all charges incurred through your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. All monetary transactions on the Site take place in U.S. dollars.

You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.

We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.

The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including, but not limited to: Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.

SUBSCRIPTIONS 

When you register for a subscription to receive products, goods, or services from Animal on a continuing basis, you expressly acknowledge and agree that (a) Animal (or our third party payment processor) is authorized to charge you on the frequency of shipments you most recently selected (e.g., monthly, every two months or otherwise) for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the products, goods, or services in accordance with these terms. You may skip any shipment or cancel your subscription at any time, subject to the terms and supplemental rules. 

Cancellation policy. Product subscriptions may be cancelled at any time prior to your next scheduled recurring order date which is shown on your account page. You may do this from your account page or email us at info@animalpak.com. You are fully responsible for any charges incurred prior to the cancellation of your subscription, related to any and all orders processed prior to cancellation, including any applicable taxes and other charges.  

Discounted and Free Trials. From time to time, to the extent legally permitted, we may offer discounted and/or free trials of certain subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration. 

ONCE YOUR DISCOUNTED OR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS AT THE THEN APPLICABLE PRICE FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE AS DESCRIBED ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR DISCOUNTED OR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE

MAKING A PRODUCT REVIEW

In certain circumstances, you may be able to use our Site to create a Product Review. A “Product Review” is any content, feedback, or suggestions related to a product, including (without limitation) opinions, product or service ratings or reviews, articles, written expressions, in any form or media, and/or any works of authorship created by you on the Site or otherwise provided to us. If you submit a Product Review, it may be published to publicly available portions of the Site and you acknowledge and agree that such a Product Review is not, and shall not be, considered confidential information and that Animal has no confidentiality obligations with respect to such a Product Review. You acknowledge and agree that any Product Review is entirely voluntary, and we will be free to use the same as we see fit and without limitation or any obligation to you. By submitting a Product Review, you hereby agree that we may contact you at the email address you provided in connection with your Product Review for marketing, product enhancement, and similar business purposes. In particular, we may contact you (via email) more than once if you do not respond to our initial communication. If you provide us written or verbal notice that you do not wish to receive any further email communications from us regarding your Product Review, we will honor your request within a reasonable amount of time.

By submitting a Product Review you are expressly representing and warranting that: (i) you are a bona fide purchaser or user of the product(s) reviewed; (ii) you have disclosed to Animal and in your Product Review any material connection or item of value you received that may have influenced your review, (iii) you are the sole author and owner of the intellectual property rights in and to the Product Review, and all "moral rights" that you may have in the Product Review have been voluntarily waived by you; (iv) you are at least 18 years old; (v) you have the full right and authority to provide such a Product Review, and the personal information (e.g., email address, contact data) related thereto, and doing so will not violate any right or privilege (including any trade secret, copyright, patent, intellectual property right, or any right of publicity or privacy), and (vi) your Product Review (A) will not violate any law, statute, ordinance or regulation, (B) is not, or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, (C) does not contain any computer viruses, worms or other potentially damaging computer programs or files, and (D) is truthful, accurate and honest and does not include information that may be misleading. We may not publish reviews that do not comply with these Terms.

You agree to indemnify and hold Animal (and its officers, directors, agents, representatives, partners, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth in these Terms or our Privacy Policy, or your violation of any law or the rights of a third party. For any Product Review that you submit, you grant Animal a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Product Review and/or incorporate such Product Review into any form, medium or technology throughout the world without compensation to you. Any Product Review that you submit may be used in our sole discretion, and we reserve the right to change, condense or delete any Product Review, or any portion thereof, from our Site that we deem, in our sole discretion, to violate these Terms. Animal does not guarantee that you will have any recourse through us to edit or delete any Product Review you have submitted, and we reserve the right to remove or to refuse to post a Product Review for any reason. You acknowledge that you are solely responsible for the contents of your Product Review.

 PRODUCT DESCRIPTIONS

We strive to describe our products as accurately as possible on the Site. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.

SHIPPING POLICIES

When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. Orders will only be shipped to addresses within the 50 states of the United States of America, the District of Columbia, and to all military FPO/APO addresses . We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.

There is a shipping charge for all orders that do not meet the $85 USD minimum purchase requirement. There is also a shipping charge for orders to AK and HI. Expedited shipping may be purchased at additional cost. For more detail on our shipping policies, visit: https://www.animalpak.com/pages/customer-service.

DISCOUNT CODES, PROMOTIONS AND ANIMAL REWARDS PROGRAM

From time to time in our sole discretion, we may offer “discount codes,” “promotional codes,” “promo codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site. Such offer codes may be subject to certain exclusions or other restrictions as determined and communicated by us. Only valid offer codes provided or promoted by Animal will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us will be invalid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘Apply Discount’ or coupon field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

In addition to offer codes, from time to time Animal may conduct sweepstakes and other contests and promotions (“Contests”). Your eligibility to participate in, as well as your participation in any such Contests shall be governed by the specific set of terms and conditions (the “Contest Rules”) governing the Contest, as the same are made available for review at the time of the submission of an entry into the Contest. By participating in a Contest, you agree to the applicable Contest Rules.

RETURNS

Our IronClad Guarantee: Animal is dedicated to being the very best. That's why we stand behind every single pill, every powder, and every single Animal "pack" we make. If you bought a product directly from our website and it hasn't met your tough requirements for any reason, we offer a "no-questions-asked" 90-day 100% guarantee. Just complete a return/exchange form and supply us the information requested. Animal products are manufactured in the USA, made from premium ingredients sourced from around the world, and rigorously tested to meet the highest standards of quality.

Website Purchases: Returns, exchanges, and refunds will be accepted within 90 days of receiving the item that is purchased on our website. A return request form must be completed for all returns and/or exchanges including the Animalpak.com order ID for proof of purchase.

Retail Purchases: Returns for exchange will be accepted for all items purchased through any of our third-party retailers within 30 days of the purchase date. An email must be sent to info@animalpak.com to complete the proper steps to process. No refunds will be issued from third-party purchases. This excludes all international orders through 3rd party sellers.

International Purchases: For returns or exchanges for products purchased outside of the USA, please contact the original seller regarding their policy and process. If you need further assistance, please contact our customer service team with the following information.

• Name and location of seller
• Proof of purchase in the form of a receipt and/or invoice
• A picture of the product lot number

Damaged or Missing Items: For any damaged and/or missing items, customers must notify us within 30 days of receipt of shipment. Please complete the return form and we will gladly replace those items free of charge.

All Supplements bought on animalpak.com must meet the following criteria for a return, exchange, or refund:

• Completed return request form
• Must be returned in original packaging
• Must provide a receipt for proof of purchase
• Must be at least half full

All Gear purchased on animalpak.com must meet the following criteria for a return, exchange, or refund:

• Completed return request form
• Must be returned in original packaging
• Must provide a receipt for proof of purchase
• Cannot be damaged
• Cannot be washed
• Cannot be used

Refunds: All items purchased on Animalpak.com have a 100% money back guarantee. If you are not satisfied with our products and would like a refund please complete a return form within 90 days of receiving the item and we will gladly issue a refund, excluding free items. You will need to abide by the guidelines listed above depending on the item purchased.

Sales and Promotions: All clearance items are considered final sale, they cannot be returned or exchanged for any reason after the purchase. In rare cases where a clearance item is received in a defective or damaged condition that was not apparent at the time of purchase, we will work with you to address the issue.

Exchanges: All Animal products come with our 100% IronClad Guarantee. If you are not satisfied with our products you may exchange them for the same or comparable product. Please complete a return form within 90 days of receiving the item and we will gladly issue a refund. You will need to abide by the guidelines listed above depending on the item purchased. International exchanges will be honored at the customer’s expense for paying shipping returns. You will need to abide by the guidelines listed above depending on the item purchased.

If you have an account with us please log in to your account to request a return/exchange. If you checked out as a guest please click here.

EMAIL AND TEXT MESSAGING PROGRAM

In the event you opt-in to receive email and/or SMS/text messages from us, we will collect and use your email address and/or mobile telephone number to maintain and administer our Email and Text Messaging Program. When you opt-in, you agree to the following:

We may send emails and/or text messages about our store, new products, and other updates, including “Checkout Reminders,” and we use webhooks to trigger checkout reminders.

You can opt-out of this service at any time.

For Email, click the “Unsubscribe” link at the bottom of the email and follow the prompts on the destination web page. If you want to join again, just sign up as you did the first time, or clicl the “Manage Preferences” link at the bottom of the email. If you are experiencing any issues, you can reply to the email, or contact customer support, and provide details.

For SMS/Text, text “STOP” to the phone number. After you text “STOP” to us, we may send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START” or “JOIN” and we will start sending SMS messages to you again. If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from our customer support team.

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy.

USER SUBMISSIONS

These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you submit to the Site ("Submission"). When you submit a Submission, you agree to the following:

• your Submission is original, accurate, created by you, and not an impersonation;
• you are currently a bona fide user of the Animal product(s) mentioned in your Submission and your Submission reflects your true and honest opinion of and current experience with such products(s);
• you are over the age of majority;
• you are not an employee of Animal, nor do you work for an affiliate or agency of Animal hired to promote and/or sell Animal products;
• your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Animal or any third party;
• your Submission is made without any prior payment or promise of payment for your proposed Submission now or in the future;
• your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
• your Submission does not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
• your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
• your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
• your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Animal;
• your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
• Animal’s use of your Submission does not violate these Terms and will not cause injury to any person or entity.

If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, the specific Promotion Rules (as defined above) apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s) and not of Animal. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.

Animal does not and cannot review all Submissions posted to or created by users accessing the Site and is not in any manner responsible for the content of these Submissions. Animal will have no obligation to post or use any Submission(s). Animal reserves the right to block or remove Submissions and/or Users at any time in its sole and absolute discretion. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any Submission will be considered non-confidential and non-proprietary. Animal will have no confidentiality obligations with respect to the Submissions.

By submitting a Submission, you grant to Animal:

• a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Animal's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
• an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Animal's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.

By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Animal and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Animal's rights as noted above.

You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement at a later time. Animal does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you are solely responsible for the contents of any Submission(s).

Finally, we appreciate hearing from the public and welcome your comments regarding the Site and/or Animal products. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

CODE OF CONDUCT

By accessing or using any Site or any other feature provided through our Site, including but not limited to, when submitting a Submission to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

• Use the Site in breach of these Terms;
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site;
• Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
• Impersonate another person or entity;
• Promote, solicit, or participate in any multilevel marketing or pyramid schemes;
• Solicit personally identifiable information from or exploit any individual under eighteen (18) years of age;
• Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
• Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website;
• Gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites;
• Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users;
• Use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or access the Site from a jurisdiction where it is illegal or unauthorized.

Animal cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

LINKS TO OTHER SITES

The Site may include links to third party websites and applications, including those of 3rd party sellers. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to

• Animal
• ATTN: DMCA Notice
• 3 Terminal Road
• New Brunswick, NJ 08901

DISCLAIMER

Released Parties Defined. “Released Parties” include Universal Nutrition, and its affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

LIMITED LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANIMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.

CONFLICT RESOLUTION

You hereby (i) agree that any action at law or in equity arising out of or relating to these Terms or our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability to arbitrate such dispute, claim, or controversy, shall be filled only in the state or federal courts of Middlesex County, New Jersey, and (ii) consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms or our Privacy Policy may be brought by either party more than one year after the cause of action has occurred. AT THE SOLE DISCRETION OF THE COMPANY, WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS (INCLUDING OUR PRIVACY POLICY OR HEALTH PRIVACY POLICY), INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) APPLYING NEW JERSEY LAW, 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. The parties agree that the arbitrator shall NOT have the authority to award attorneys’ fees, unless otherwise 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 for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

WAIVER

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

SEVERABILITY

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

CHANGES TO THESE TERMS

Animal reserves the right to change or modify these Terms, in whole or in part, at any time in its sole discretion upon notice to you by electronic means, including by posting such information and materials online at the Animal Pak Website. Any changes or modifications will be effective immediately upon posting the revisions to the Animal Pak Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following any such changes or modifications confirms your acceptance of these Terms and such changes or modifications. If you do not agree to these Terms, you must stop accessing and using the Site.

ENTIRE AGREEMENT

These Terms, including any other Animal terms or policies linked to from within these Terms, constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.

CONTACT US

If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please contact us as follows:

BY PHONE

1-800-872-0101

E-MAIL

info@animalpak.com

EFFECTIVE AND AMENDMENT DATE

Terms & Conditions was last amended on March 26, 2024.