PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.

Last updated: November 22, 2021

Transformation Protein, LLC (“Transformation Protein”), an SPR Body company, owns and operates this website, portions of other web pages and web content, and/or a mobile device application through which you have accessed these Terms of Use (collectively, the “Site”). By visiting, using and/or submitting information to the Site, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and Transformation Protein’s Privacy Policy (the “Privacy Policy”).

This Agreement also applies to (a) all websites owned and/or provided by Transformation Protein and all services offered on or through this Site or any Transformation Protein website (“Services”); (b) all software offerings and applications owned or provided by Transformation Protein and/or available on or through this Site or any Transformation Protein website (“Software”); (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers, marketing materials, press releases, and other information and content available on or through or submitted on or through this Site or any Transformation Protein website; and (d) all social media pages operated by Transformation Protein, regardless of whether available on a Transformation Protein-owned site or a site owned by a third party.

The Site is for educational and entertainment purposes and is not a substitute for medical advice, diagnosis, or treatment. You should consult your physician or other health care professional before using any vitamins or supplements or any other fitness program to determine if it is right for your body. Do not use Transformation Protein products if your physician or health care provider advises against it. You should not rely on information on the Site as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Site. Your use of or reliance on any information provided on the Site is solely at your own risk.

Subscription, Billing and Cancellation

Subscription

Ongoing Subscription. Your Transformation Protein subscription will continue at your selected interval (e.g. monthly, quarterly, etc.) unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”). We will bill the subscription fee to your Payment Method. You must cancel your subscription before it renews in order to avoid billing of the next interval’s subscription fees to your Payment Method.

Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with Transformation Protein by visiting the Site and logging into your Account. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

Free Trials

Your Transformation Protein subscription may start with a free trial. The free trial period of your subscription lasts for as long as is specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former subscribers only. Transformation Protein reserves the right, in its sole discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for subscription fees at the end of the free trial period unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including the subscription price and end date of your free trial period, visit the Site and click the “My Account” link in the upper right hand corner of the page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period

You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “My Account” LINK ON THE WEBSITE TO FIND CANCELLATION INSTRUCTIONS or call customer service at 1-800-916-4237. We will continue to bill your Payment Method at each interval for your subscription fee until you cancel.

Billing

Recurring Billing. By starting your Transformation Protein subscription and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate to your Payment Method. You acknowledge that the amount billed may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your subscription will take effect following email notice to you.

Billing Cycle. The subscription fee will be billed at the beginning of the paying portion of your subscription and each interval thereafter unless and until you cancel your membership. We automatically bill your Payment Method each interval on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your monthly Transformation Protein subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription. Visit the Site and click on the “My Account” link on the website to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

Payment Methods. You may edit your Payment Method information by visiting the Site and clicking on the “My Account” link, available on the Transformation Protein website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your Transformation Protein subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel, go to the “My Account” page on the Site and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “My Account” in the upper right hand corner of the page.

Revocation. Transformation Protein reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Subscription or to terminate any Subscription, for any reason, including abuse of the Subscription, failure to follow these Terms, or fraud, misrepresentation or other conduct detrimental to the interests of Transformation Protein. Any such exclusion or termination may affect eligibility for further participation in the Subscription and/or any other Transformation Protein programs.

Money Back Guarantee

We are so confident that you will love Transformation Protein that we offer a money-back guarantee during the first 30 days from your initial purchase. If you are not completely satisfied for any reason, contact our customer service department within 30 days of receipt of your first order to obtain a Return Merchandise Authorization Number (RMA#). Write the RMA# on the outside of the return package, return the unused portion of your purchase within 10 days of the RMA# issuance, and we will give you a full refund of your purchase price. This money-back guarantee applies to a return on one first-time purchase per person. No group or organization requests are allowed. Fraudulent, incomplete or illegible requests will not be honored.

Be sure to clearly display the RMA# on the outside of the box. The Transformation Protein shipping department is NOT allowed to accept any packages without a RMA#. Transformation Protein is not responsible for returns that never arrive at our facility. Transformation Protein will not accept or issue a refund for any packages marked return to sender, C.O.D. or refused. To ensure proper credit to your account, we recommend that you use the return label included in your original package. Please save your returned product shipping receipt and your tracking information until your refund is processed. Please indicate the reason for your return, include the original packing slip that came with your order, and seal the package securely with packing tape. If you do not have your original packing slip, please indicate the order number on a separate piece of paper, enclose it in the package and send the package to the following address: Transformation Protein Returns Dept. – (Your RMA#), 16595 W. Stratton Dr., New Berlin, WI 53151.

Upon receipt of your returned product with a valid RMA#, a refund will be issued to your credit card or by check, if needed. After the shipping department receives your return, it will take approximately 3-5 business days to process your refund. Once a return is processed, it can take up to one billing cycle for the refund to be posted to your account, depending on your financial institution. The charge on your credit card statement will appear as Transformation Protein products. If you paid by electronic check (E-check), the charge on your bank statement will appear as Transformation Protein products.

If you took advantage of the savings offer from the Transformation Protein auto-ship program, your original packing slip will clearly indicate your purchase as “Auto-ship”. If you requested a refund of your initial order and qualify for a refund your enrolment in the auto-ship program will automatically be cancelled.

If you have any further questions, please feel free to call our customer service department.

Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.

You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Transformation Protein may monitor your access and use of the Site in accordance with Transformation Protein’s Privacy Policy.

The Site is Not Intended for Minors

The Site is intended to be accessed and used only by adults and is not directed to minors. As stated in Transformation Protein’s Privacy Policy, Transformation Protein does not knowingly collect personally identifiable information from or about anyone under the age of 13 and you should not provide Transformation Protein with any information regarding any individual under the age of 13. If you are under the age of 13, you should not use the Site.

Social Media Policy:

From time-to-time and on certain websites owned by Transformation Protein or third parties (e.g. Instagram, Facebook, Twitter, Pinterest), Transformation Protein may establish a social media page (the “Page”) dedicated to one or more of its brands. The Page is intended to provide a place for Transformation Protein’s community to exchange information and ideas. Your use of the Page is governed by this policy, the relevant website owner’s Terms of Use and all applicable laws, including, without limitation, intellectual property laws and privacy laws. You are responsible for all content you disseminate or transmit through or by means of the Page

Transformation Protein and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any content that is available via the Page or to refuse access to the Page at any time and for any reason without notification. Without limiting the foregoing, Transformation Protein and its designees will have the right to remove any content that Transformation Protein considers, in its sole discretion, objectionable. In particular, Transformation Protein reserves the right to remove from the Page any content that: (1) appears to violate the website’s Terms of Use or any other policies or terms that govern use of the site or any applicable laws; (2) is libelous or harassing, abusive, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (3) is unrelated to Transformation Protein’s products or services; (4) is clearly false or misleading; (5) impersonates any person or entity; falsely states or otherwise misrepresents your affiliation with any person or entity; intentionally omits, deletes, forges or misrepresents transmission information; or otherwise manipulates identifiers to disguise the origin of any content transmitted through the Page; (6) name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another Page user or attacks the character or damages or has the potential to damage the reputation of another user; or (7) contains the first and last name or any other identifying information of any individual, including without limitation, where they work or the exact address where they live.

Users who cause disruption are not welcome on the Page. If Transformation Protein believes you are posting with the intent to cause disruption or harm, your actions may result in a warning, a suspension, or a permanent ban from participation in the Page. Banning is done at Transformation Protein’s discretion and is the result of our sole judgment of a user’s demonstrated inability or disinclination to follow any of the website’s terms and other policies that govern the site. Transformation Protein will not be liable to you or any third party for the consequences of any termination of your use of or access to the Page.

Transformation Protein is free to use any ideas, concepts, know-how or techniques contained in the content you post to the Page, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

The Page may contain the opinions and views of other users, which Transformation Protein does not endorse and for which Transformation Protein is not responsible. Transformation Protein is also not responsible for the accuracy of any content posted on the Page, including without limitation any content relating to health and nutrition, and you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

Your dealings with third parties found on or through the Page are solely between you and those third parties. Transformation Protein does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and Transformation Protein will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on the Page.

Your Access and Use of the Site

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that Transformation Protein, in its sole discretion, may elect to take. Transformation Protein reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.

Any action by you that, in Transformation Protein’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, is not permitted, and may result in your loss of the right to access and use the Site. You may not metatag, provide links to or frame the Site without Transformation Protein’s prior express written permission.

Your Access and Use of Services on the Site

Below are terms and conditions governing Transformation Protein’s Services.

You Must Maintain the Integrity of Your Information. To use certain Services, you may be required to provide Transformation Protein with information about you (“Your Information”). If you provide Your Information to Transformation Protein then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Transformation Protein’s collection, use and disclosure of Your Information is governed by this Agreement and Transformation Protein’s Privacy Policy.

You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that Transformation Protein will not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You may not allow any person under the age of 18 to use any Service via your registration or password.

You Must Notify Transformation Protein of a Breach. You agree to immediately notify Transformation Protein of any unauthorized use of your password, any unauthorized use of any account that you may have with Transformation Protein, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: customerservice@sprbody.com.

You Are Responsible for Your Decisions. Transformation Protein and its affiliates, through the Site, may provide a venue through which you can obtain information and you can find third-party service providers (“Service Providers”). Transformation Protein does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider. Transformation Protein does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that Transformation Protein will not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.

No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Transformation Protein does not make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site or by Service Providers. Any such terms are not agreed upon until you and Transformation Protein reach a final agreement.

Testimonials

The Site may allow the users of the Site to contribute information and make testimonial statements (“Testimonials”). If you submit a Testimonial, including any text, graphics or logos, you automatically grant Transformation Protein and its affiliates and designees the perpetual, worldwide, fully-paid, royalty-free, nonexclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below).

You may not transmit, submit or post the following to the Site:

  • Information that infringes Transformation Protein’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;

  • Information that violates any law, statute, ordinance or regulation;

  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Transformation Protein or third parties or that infringes on Transformation Protein’s or any third party’s rights of publicity or privacy;

  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

  • Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;

  • Information that is false, inaccurate or misleading; or

  • Commercial advertisements or solicitations without written permission from Transformation Protein.

Transformation Protein reserves the right (but not the obligation) to edit, refuse to post or remove Testimonials from the Site. Pursuant to the Privacy Policy, Transformation Protein may review Testimonials made by you to determine, in its sole discretion, your compliance with this Agreement.

You are solely responsible for all your Testimonials and the consequences of submitting them.

Transformation Protein’s Intellectual Property Rights

Transformation Protein’s proprietary terms, names, graphics, logos, page headers, button icons, scripts, trade dress and other source identifiers are trademarks or trade dress of Transformation Protein in the United States and/or other countries (collectively, the “Marks”). You may not use the Marks without the prior express written permission of Transformation Protein which permission may be withheld in Transformation Protein’s sole discretion. Transformation Protein makes no claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned by, or otherwise licensed to, Transformation Protein or its Content suppliers. Transformation Protein also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of Transformation Protein or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You are solely responsible for any damage resulting from your infringement of Transformation Protein’s or any third party’s intellectual property rights regarding the Marks, the Content, the Collective Work, the Software and/or any other harm incurred by Transformation Protein or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

Transformation Protein grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you may not delete any proprietary notices and you must otherwise comply with the terms of this Agreement. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer or distribute the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Transformation Protein, which permission may be withheld in Transformation Protein’s sole discretion.

You may not use any meta tags or any other “hidden text” utilizing Transformation Protein’s name or the Marks without the express written permission of Transformation Protein, which permission may be withheld in Transformation Protein’s sole discretion.

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without Transformation Protein’s express written permission which may be withheld in Transformation Protein’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Transformation Protein’s sole discretion an unreasonable or disproportionately large load on Transformation Protein’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of Transformation Protein and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures Transformation Protein may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Transformation Protein grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site. Transformation Protein reserves the right to revoke these exceptions either generally or in specific cases. You agree that you will not collect or harvest any personally identifiable information, including account names, from the Site. You agree that you will not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You agree that you will not solicit for commercial purposes any users of the Site without Transformation Protein’s express, written permission, which permission may be withheld in Transformation Protein’s sole discretion.

Electronic Communications


When you visit the Site or send email to Transformation Protein, you are communicating with Transformation Protein electronically. You consent to receive communications from Transformation Protein electronically and via any e-mail address you provide to Transformation Protein for any purposes. Although Transformation Protein may choose to communicate with you by regular mail, Transformation Protein may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Transformation Protein provides to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.

Third Party Links

There may be provided on the Site links to other Web sites belonging to Transformation Protein’s advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by Transformation Protein of those Web sites, nor the products or services listed on those Web sites. Transformation Protein is not responsible for the activities or policies of those Web sites. Transformation Protein does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Transformation Protein does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site are the best terms or lowest rates available in the market.

Mobile Devices

If Transformation Protein provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.

Transformation Protein Makes No Representations or Warranties Regarding the Content

The Content and all services and products associated with the Site are provided to you on an “as-is” and “as available” basis. Transformation Protein makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or services included on or associated with the Site. You expressly agree that your use of the Site and all products and services included on or associated with the Site is at your sole risk.

Transformation Protein does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with the Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with the Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Site. Transformation Protein makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Transformation Protein does not make any representations, warranties or guarantees, express or implied, regarding any quotes or offers provided on or through the site.

The Site is controlled and offered by Transformation Protein from Transformation Protein’s facilities in the United States of America. Transformation Protein makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

Limitations on Transformation Protein’s Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TRANSFORMATION PROTEIN WILL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRANSFORMATION PROTEIN AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU AND TRANSFORMATION PROTEIN AGREE THAT TRANSFORMATION PROTEIN’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU AND TRANSFORMATION PROTEIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Your Indemnification of Transformation Protein

You agree to defend, indemnify and hold harmless Transformation Protein and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Transformation Protein; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your Testimonials; and/or (vi) any personal injury or property damage caused by you.

Amendments of this Agreement

Transformation Protein reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Transformation Protein posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Transformation Protein’s Remedies and Class Action Waiver

You acknowledge that Transformation Protein may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Transformation Protein will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You agree that all disputes, claims and causes of action arising out of, or connected with, this Agreement or Transformation Protein’s Privacy Policy shall be resolved individually, without resort to any form of class action.

Governing Law

This Agreement is to be governed by and construed in accordance with the laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Calumet County, Wisconsin, or the United States District Court, Eastern District of Wisconsin.

Force Majeure

Notwithstanding any other provision contained in this Agreement, in the event that the performance of any obligation of Transformation Protein is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Transformation Protein, then Transformation Protein shall not be responsible to you for any failure or delay in the performance of its obligations. Transformation Protein shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Transformation Protein from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

You may not assign your rights or obligations under this Agreement without the prior express written consent of Transformation Protein.

This Agreement, the Privacy Policy, and all aspects of your relationship with Transformation Protein, including any personal information or data associated therewith, may be disclosed and/or assigned by Transformation Protein to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Agreement is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Transformation Protein from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Transformation Protein regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact Transformation Protein via any of the methods set forth below:

  • Via telephone: (800) 916-4237

  • Via mail: Transformation Protein Customer Service, 241 N. Broadway, Suite 502, Milwaukee, WI 53202

  • Via email: customerservice@sprbody.com