Terms & Conditions

Shipping & Handling Charges


Orders are shipped via U.S. Postal Service or UPS for the contiguous states and via U.S. Postal Service Priority Mail for Alaska and Hawaii.

Our shipping & handling charges cover the expenses we incur to process, pack, and ship your order.


Product Availability


Most in-stock orders will ship by the next business day; however please allow up to 2 business days for us to ship your order. If this is not possible for some reason, we will notify you immediately. The total time to receive your package is dependent upon the shipping method you choose.

Standard Delivery (4-8 Business Days)


Most orders will be delivered within 4-6 business days after being ordered; however, please allow up to 8 business days for delivery. Signature may be required for delivery. Additional charges apply for Alaska and Hawaii Standard Delivery is NOT available for P.O. Boxes (except for Alaska and Hawaii, APO/FPO and international addresses, or for delivery on Saturdays or Sundays.

Express Delivery (3-4 Business Days)


Orders will arrive within 3-4 business days after being ordered. Signature may be required for delivery. Express Delivery is NOT available for Alaska and Hawaii, APO/FPO and international addresses, or for delivery on Saturdays or Sundays. We may use air or ground shipping as necessary to get your order to you within the promised timeframe.

NOTE: Heavy Orders (Orders Over 60 lbs.) shipped via Express Delivery may require an overweight surcharge IN ADDITION to the regular $12.00 surcharge. We will contact you prior to shipping if any additional surcharge is required.


Rush Delivery (1-2 Business Days)


Orders are delivered within 1-2 business days of being ordered. Rush Delivery is available for most zip codes. Signature may be required for delivery. Rush Delivery is NOT available for Alaska, Hawaii, P.O. Boxes, APO/FPO and international addresses, or for delivery on Saturdays or Sundays. We may use air or ground shipping as necessary to get your order to you within the promised timeframe.

NOTE: Heavy Orders (Orders Over 60 lbs.) shipped via Rush Delivery may require an overweight surcharge IN ADDITION to the regular $24.00 surcharge. We will contact you prior to shipping if any additional surcharge is required.


Shipping to Alaska and Hawaii


Standard Delivery to these addresses is available for an extra charge of $7.00. Orders will be shipped via U.S. Postal Service Priority Mail and therefore P.O. Boxes are acceptable. Due to the considerable expense, Express and Rush Delivery are NOT available for shipments to Alaska and Hawaii.

NOTE 1: Heavy Orders (Orders Over 60 lbs.) shipped to Alaska and Hawaii may require an overweight surcharge IN ADDITION to the regular $7.00 surcharge. We will contact you prior to shipping if any additional surcharge is required.

We apologize, but at this time, we are unable to ship to P.O. Boxes, APO/FPO and international addresses.


Tracking Your Package


We know you are eager to receive your order!

When your package ships, we will send you an e-mail notification that contains a link to which you can track your shipment.


Refund Policy


30-Day Money-Back Guarantee!
We want you to be 100% satisfied or your money back! If you’re not satisfied with the performance of this product, please contact Customer Service for a Return Authorization number to return it within 30 days for a full refund of the purchase price, less shipping and handling – no questions asked.

If you order two or more units of the same product, the money-back guarantee policy only applies to one opened container ( Supplement), and any remaining unopened supplements.

Please note that digital products (individual exercises, workouts and full programs) are EXCLUDED from our Refund Policy. No refunds will be given after purchase.


How to Return and Item (Including Auto Ship Products)


For your protection, please use UPS, FedEx, or Insured Parcel Post for shipment.

A credit for the price of the item and applicable taxes will be applied to your credit card. Shipping and handling charges are not refundable unless a result of an error by Advanced Athletics.


Exchanges


Our returns center cannot process exchanges. If you have found another item on our site that you would prefer over the one originally ordered, please return the original item and place a separate order for the new item. We will notify you via email when the return has been processed.

Questions?


If you have questions about your return, please contact us. Be sure to include you order number and name in your email!

customerservice@nulladvancedathletics.com


Cancelling Order/Auto-ship


You may cancel your Auto-ship order anytime before the item is shipped.

Privacy Policy


Protecting your privacy is very important to us at Advanced Athletics.

  • We will only use the information you share with us to process your orders. We do not sell, rent, or trade your personal information to advertisers, marketers, or anyone else without your consent.
  • We will not release any information on you to anyone without your consent, {except as necessary to comply with court orders or other authorities}.
  • If you have provided us with an e-mail address, we may on occasion notify you about important changes to our website, new services, or special offers. If you prefer not to receive these updates, you may unsubscribe at any time, as we respect your wishes.
  • In order to place your orders and access your account information, you will need to sign in to our secure serve. The Secure Sockets Layer (SSL) software encrypts all the information you provide before it is sent to us.
  • All customer information within our system is protected against unauthorized access.
  • We provide a high level of security for our computer systems, databases, and networks to protect all customer information in our systems.

Terms & Conditions


PLEASE CAREFULLY READ THESE TERMS OF USE TERMS AND CONDITIONS OF SALE (collectively with any amendments hereto, “TERMS AND CONDITIONS“). BY USING THIS WEB SITE OR ANY WEB SITE OF ADVANCED ATHLETICS, INC. AND/OR PLACING AN ORDER FOR ADVANCED ATHLETICS’ PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR ADVANCED ATHLETICS’S PRODUCTS AND SERVICES.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE OR ADVANCED ATHLETICS’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE ADVANCED ATHLETICS, INC. PRODUCTS OR SERVICES.

Welcome to the Web site of Advanced Athletics, Inc., and its related sites, including but not limited to, AdvancedAthletics.com(the “Site“) (collectively with Advanced Athletics, and its wholly owned business units, Advanced Athletics, Inc, are referred to herein as “Advanced Athletics” or “us” or “we“). These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of this Site and its related domains on which this document appears, any order you place through any of the Advanced Athletics Web sites, and—as applicable—your use of other products or services of Advanced Athletics. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through, or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of Advanced Athletics after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any order you place through any of the Advanced Athletics Web sites, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Advanced Athletics for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site. If you register for our Support Center features, including, but not limited to, the Message Boards, Advanced Athletics Support Team, additional rules, policies, and disclaimers may apply. If you order a product or service through the Site, these Terms of Use will also apply.


User Conduct


You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:

  • copy, reproduce, use, or otherwise deal with any content on the Site;
  • modify, distribute, or re-post any content on the Site for any purpose; or
  • use the content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree:

  • not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
    not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
  • not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
  • not to use, frame, or utilize framing techniques to enclose any Advanced Athletics trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Advanced Athletics’ express written consent;
  • not to use meta tags or any other “hidden text” utilizing a Advanced Athletics name, trademark, or product name without Advanced Athletics’ express written consent;
  • not to deeplink to this Site without Advanced Athletics’ express written consent;
  • not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
  • not to collect or store personal data about others;
  • not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
  • not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Advanced Athletics;
  • and to be bound by the Product Submission Policies of Advanced Athletics, including that any product submission you may make to Advanced Athletics will not be held in confidence by Advanced Athletics, and is not proprietary, that Advanced Athletics may use the product submission and any aspect thereof for any purposes in Advanced Athletics’ sole discretion, and that Advanced Athletics owes no duties or obligations with respect to you or the product submission made.

In addition, you agree that you will comply with all applicable local, national and international laws and regulations that relate to your use of or activities on this Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.


Privacy Policy


Users of this Site and/or other products or services of Advanced Athletics should refer to Advanced Athletics Privacy Policy for information about how Advanced Athletics uses and collects information. You agree that Advanced Athletics may disclose your personal information to a third party if Advanced Athletics believes in good faith that the law or legal process requires it, to protect the rights or property of Advanced Athletics or others, or as otherwise described in the Privacy Policy.

Content uploaded to the Site


In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Advanced Athletics has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos or Web sites, in perpetuity throughout the world as Advanced Athletics in its sole discretion sees fit without further consent or payment. Advanced Athletics has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Advanced Athletics has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to any of it subsidiaries or affiliated companies. Advanced Athletics may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Advanced Athletics’ sole discretion. Advanced Athletics is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.


Changes to the Site


Advanced Athletics may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Advanced Athletics shall not be liable therefore.

Linked Sites


Advanced Athletics makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Advanced Athletics and Advanced Athletics is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Advanced Athletics of the site or any information contained therein. When leaving the Site, you should be aware that Advanced Athletics’ Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Copyright and Trademarks


All Site materials, including, without limitation, the Product Partners, Advanced Athletics, and all Advanced Athletics product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content“) are Copyright © 2012/Advanced Athletics. ALL RIGHTS RESERVED. Advanced Athletics or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Advanced Athletics or the respective copyright owner. You may not, without the express written permission of Advanced Athletics or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Advanced Athletics or any third party.

Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of Advanced Athletics in the United States and other countries: Advanced Athletics, AdvancedAthletics.com. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Advanced Athletics or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Advanced Athletics, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Advanced Athletics. Other names and brands may be claimed as the property of others.


Copyright Policy and Copyright Agent


It is Advanced Athletics’ policy to respect the copyright and intellectual property rights of others. Advanced Athletics may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Advanced Athletics may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Advanced Athletics complies with the Digital Millennium Copyright Act.

If you believe that Advanced Athletics or any user of our Site has infringed your copyright in any material way, please notify Advanced Athletics, and provide the following:

  • an identification of the intellectual property right claimed to have been infringed;
  • an identification of the material that you claim is infringing so that we may locate it on the Site;
    your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
  • a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
    that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: customersupport@nulladvancedathletics.com or by mail to:

Advanced Athletics, Inc.
360 Hampton Drive
Venice, CA 90403
Attn: Director of Online Operations.


Indemnification


You agree to indemnify and hold harmless Advanced Athletics, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Product Information


For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive.

Our Guarantee


Unless stated otherwise, all Advanced Athletics products on the Site carry at least a 30-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please email Customer Service.

Product and Service Descriptions


We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
  • all prices are displayed in United States Dollars unless expressly indicated otherwise;
  • all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Order and Payment Information


If you use the Site or other means to purchase a product, payment must be received by Advanced Athletics prior to Advanced Athletics acceptance of an order, unless otherwise agreed by Advanced Athletics. Advanced Athletics may need to verify information you provide before Advanced Athletics accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Advanced Athletics will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Advanced Athletics expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Advanced Athletics is registered to you. Advanced Athletics shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Advanced Athletics, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Advanced Athletics may reject orders where the stated delivery address is outside the United States and Canada. Advanced Athletics will add applicable shipping and handling fees.

Advanced Athletics reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.

Advanced Athletics’ descriptions of, or references to, products not owned by Advanced Athletics and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Advanced Athletics.


Shipping


Unless otherwise noted, Advanced Athletics will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Advanced Athletics to you is Advanced Athletics’ good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Advanced Athletics shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Advanced Athletics cannot ship to P.O. boxes.

Automatic Renewal


With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product“), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.


Warranties


CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH ADVANCED ATHLETICS. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

Disclaimer of Warranties


YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF ADVANCED ATHLETICS IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT ADVANCED ATHLETICS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO ADVANCED ATHLETICS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, ADVANCED ATHLETICS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES ADVANCED ATHLETICS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH ADVANCED ATHLETICS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, ADVANCED ATHLETICS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ADVANCED ATHLETICS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

ADVANCED ATHLETICS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, ADVANCED ATHLETICS DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.


Advertisers and Sponsors Disclaimer


The Advanced Athletics Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on AdvancedAthletics.com is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY ADVANCED ATHLETICS, INC. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.


Merchant and Advertisement Disclaimer


Advanced Athletics may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO AdvancedAthletics.com.

All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.


Limitations on Liability


WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ADVANCED ATHLETICS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF ADVANCED ATHLETICS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADVANCED ATHLETICS’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO ADVANCED ATHLETICS FOR ANY PRODUCTS SUPPLIED BY ADVANCED ATHLETICS THROUGH YOUR USE OF THE SITE OR OTHERWISE.

ADVANCED ATHLETICS WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.


SEC Disclosure


The information contained within press releases issued by Advanced Athletics should not be deemed accurate or current except as of the date the release was posted. Advanced Athletics has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

International Users


This Site is controlled, operated, and administered by Advanced Athletics from its offices within the United States of America. Advanced Athletics makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Termination


Notwithstanding any of these Terms and Conditions, Advanced Athletics reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Advanced Athletics shall not be liable for any termination of your use of or access to the Site.

Third party rights


Only you and Advanced Athletics shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

Severability


If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.


Language


It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

Dispute Resolution


If a dispute between Advanced Athletics and you arises relating to these Terms and Conditions, the party alleging a breach shall first provide written notice to the other party providing a detailed explanation as to the basis of the alleged breach. The recipient of the notice shall have 10 days to respond and try to resolve the dispute (“notice and cure period”). If the parties are unable to resolve the dispute within the notice and cure period, the parties shall participate in good faith in a nonbinding mediation. The mediation shall take place within 45 days of the expiration of the notice and cure period exclusively in Los Angeles, California, unless the parties agree to a different location. The parties will share equally in the costs of the mediation including the fees of the mediator; however, the parties will each bear their own attorneys’ fees incurred in the mediation.

If the dispute or claim is not resolved through mediation in accordance with the foregoing paragraph, the parties shall proceed to resolve any and all disputes and claims relating to Advanced Athletics, or arising from or related to these Terms and Conditions, totally and finally by binding arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as otherwise provided herein. The parties shall be entitled to the discovery rights allowed under the Federal Rules of Civil Procedure. The Arbitrator(s) shall permit any party to file a Motion for Summary Disposition of a particular claim or issue.

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the foregoing provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (Title 9, U.S. Code §1 et seq.). The arbitration shall be conducted exclusively in Los Angeles County, State of California, and the judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

The arbitration shall be conducted by one arbitrator; however, if the amount in dispute exceeds Five Hundred Thousand Dollars ($500,000), upon the request of either party, the arbitration shall be conducted by three arbitrators. Arbitrators shall be selected in accordance with the JAMS Rules. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator(s) may not invoke any basis (including, but not limited to, notions of “just cause”) other than such controlling law. The arbitrator(s) shall render an award that shall be based upon a written, reasoned opinion.

Each of the parties expressly understands and agrees that the arbitration will be conducted on an individual, not a class-wide basis, and any proceeding between the parties may not be consolidated with another proceeding between one of the parties and any other entity or person.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

The parties shall share equally in the costs of the arbitration including the fees of the arbitrator(s); however, the parties will each bear their own attorneys’ fees incurred in the arbitration. The prevailing party in any arbitration shall be entitled to recover from the other party an award of its share of the arbitration fees and its reasonable attorneys’ fees and costs incurred in the arbitration.

Nothing in these Terms and Conditions shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, or other equitable relief. The institution and maintenance of any action for injunctive relief shall not constitute a waiver of the right or obligation of either you or Advanced Athletics to submit any claim seeking relief, other than injunctive relief, to arbitration.

The terms of this section survive any termination of the Terms and Conditions.


General


The Terms and Conditions constitute the entire agreement between Advanced Athletics and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Advanced Athletics. Any cause of action you may have with respect to the Site or Advanced Athletics’ products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Advanced Athletics to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Advanced Athletics, and you do not have any authority to create any obligation or make any representation on Advanced Athletics’ behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Advanced Athletics’ written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Advanced Athletics and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.


Other important terms


We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.


Customer Service Contact


If you would like to contact us, you can use the following e-mail addresses and phone numbers:

Orders you have placed, other questions or suggestions about our website, products, or policies:

E-mail: customerservice@nulladvancedathletics.com
Phone: 310.396.2100

You are a retailer and would like to ask about carrying our products:

E-Mail: sales@nulladvancedathletics.com
Phone: 310.396.2100

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