Terms of Service
1. Introduction
1.1 Welcome
Welcome to Y Power Supplement, INC. We are pleased to offer you a range of products designed for general health improvement. This document outlines the Terms of Service (“Terms”) that govern your use of our website, located at [Insert Website URL], and any other services or products offered through this website (collectively, the “Service”).
1.2 Purpose of the Terms
The purpose of these Terms is to create a legally binding agreement between you, the user (“you,” “user”), and Y Power Supplement, INC (“Company,” “we,” “us,” “our”). The Terms provide essential information regarding the legal rights, obligations, and limitations that may apply to you as you access and use our Service.
1.3 Scope and Applicability
These Terms are applicable to all aspects of the Service, including but not limited to the browsing of our website, purchasing of products, and any interaction you may have with our Service through mobile applications, social media platforms, or third-party websites where our Service may be featured or linked.
1.4 Importance of Reading the Terms
By engaging with our Service, you agree to read, understand, and be bound by these Terms, and you acknowledge that these Terms serve as the legal framework for your usage of our Service. Failure to read or comply with these Terms does not exempt you from the responsibilities and liabilities outlined herein.
1.5 Relationship with Other Policies
These Terms operate in conjunction with other policies, such as our Privacy Policy, which outlines our practices regarding the collection and use of your personal information. In case of any conflicts between these Terms and any other policies or agreements, these Terms will prevail unless expressly stated otherwise.
1.6 Language
These Terms are written in English. Any translations of these Terms into other languages are for convenience only and are not legally binding. The English version will govern in the event of any discrepancies between translations.
2. Acceptance of Terms
2.1 Agreement to Terms
By accessing, browsing, or using the Y Power Supplement, INC website, or any other services and products offered through that website (collectively, the “Service”), you acknowledge that you have read, understood, and accepted these Terms of Service (“Terms”). Your agreement to comply with and be bound by these Terms is a legal contract between you (“user,” “you”) and Y Power Supplement, INC (“Company,” “we,” “us”).
2.2 Express Consent
Your use of the Service, whether as a guest or a registered user, signifies your express consent to these Terms, as well as any additional terms, policies, or guidelines incorporated by reference herein.
2.3 Continuing Obligation
Your agreement to these Terms is considered a continuing obligation. Every time you use the Service, you reaffirm your acceptance of the then-current Terms.
2.4 Conditional Use
If you do not agree with any part of these Terms, or you are not willing to be bound by them, you must not access, browse, or use the Service. Your use of the Service is conditioned upon your acceptance of these Terms, and your failure to comply will limit or terminate your access to the Service.
2.5 Periodic Review
We recommend that you periodically review these Terms. It is your responsibility to be aware of any changes or modifications to these Terms, which may occur from time to time. Your continued use of the Service after changes to the Terms have been published constitutes your binding acceptance of the updated Terms.
2.6 Electronic Acceptance
Your use of the Service includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that your electronic acceptance of these Terms shall have the same legal effect as if they were physically signed by you.
3. Eligibility and Compliance
3.1 Age Requirements
You represent and warrant that you are at least 18 years of age. If you are under 18, you may utilize the Service only with the involvement, supervision, and approval of a parent or legal guardian.
3.2 Minor Considerations
For users who are under the age of 8, a consultation with a healthcare professional is strongly recommended prior to using our products. Your parent or guardian should be the one to consult the healthcare professional on your behalf.
3.3 Compliance with Laws
By using the Service, you agree to comply with all local, state, federal, and international laws, regulations, and guidelines applicable to the use of dietary supplements and online commerce. You are solely responsible for understanding and adhering to any and all laws, rules, and regulations pertaining to your use of the Service.
3.4 Restrictions on Use
Certain jurisdictions may restrict the sale or possession of dietary supplements. It is your responsibility to be aware of and comply with such restrictions. The Company will not be held responsible for your violation of any laws related to the use of the Service or consumption of the products.
3.5 Ongoing Compliance Obligations
Your obligations for compliance with these Terms, and any laws or regulations, are ongoing. Failure to maintain compliance constitutes a breach of these Terms, and may result in termination or suspension of your access to the Service, at the sole discretion of the Company.
3.6 Termination for Non-Compliance
The Company reserves the right to refuse service, terminate accounts, or remove or edit content, for any reason, including, but not limited to, violations of these Terms or applicable laws, at the sole discretion of the Company.
4. User Conduct and Responsibilities
4.1 General Conduct
By using the Service, you agree to act responsibly, exercise good judgment, and comply with all laws and regulations, both local and international, in your usage of our products and services. Any form of misuse, intended or unintended, may result in termination of your access to the Service.
4.2 Acceptable Usage
You may use the Service for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
4.3 Prohibited Activities
You are specifically prohibited from: (a) making any unauthorized copy of any part of the Service; (b) creating derivative works from our content; (c) engaging in any fraudulent activities, including misrepresenting your identity; and (d) exploiting any part of the Service for commercial purposes without our express consent.
4.4 Health and Safety
You acknowledge that the consumption of any supplement should be done responsibly and in accordance with any guidelines provided by the Company or healthcare professionals. You agree that you are solely responsible for any health-related issues that may arise from the use of our products.
4.5 Review and Testimonials
If you provide reviews or testimonials about our products, you agree that they will be honest, factual, and based on your personal experience with the product. You also agree that the Company may use your reviews and testimonials in marketing materials, subject to any privacy laws and regulations.
4.6 Violations and Reporting
If you encounter any content or activity that violates these Terms, you agree to promptly report such content to the Company. We reserve the right to investigate any reported violations and take appropriate action, including but not limited to terminating your access to the Service.
4.7 Liability for Misuse
You are liable for any and all activities conducted through your usage of the Service. This includes any liabilities arising from the actions of someone whom you have allowed to use your access to the Service.
4.8 Indemnification for Breach
In the event that your actions, intentional or unintentional, result in harm to the Company or other users, you agree to indemnify and hold harmless the Company against any and all claims, damages, or other losses.
5. Purchasing and Payment
5.1 Product Information
Before making any purchase, you are advised to carefully read the product information provided on our website. The supplement is intended for general health, and anyone under the age of 8 should consult a physician before using the product.
5.2 Payment Methods
We accept all major credit cards for payment. By submitting your payment information to us, you represent and warrant that you are authorized to use the payment method provided.
5.3 Transaction Security
While we employ various security measures to protect the confidentiality of your personal and financial information, we cannot guarantee the absolute security of the information transmitted through our Service. You acknowledge that you provide your information at your own risk.
5.4 Currency and Taxes
All prices are listed in U.S. dollars unless otherwise specified. Applicable taxes will be calculated and added to your total at the time of purchase. You are solely responsible for any other costs, fees, or taxes that may apply in your jurisdiction.
5.5 Order Confirmation
Upon completion of the purchase, you will receive an email confirming the details of your order. This email serves as our acceptance of your offer to purchase our products and confirms that a contract has been formed.
5.6 Shipping and Delivery
We will ship anywhere FedEx ships safely. Delivery dates provided on our website are estimates and not guaranteed. The Company is not responsible for delays caused by FedEx or other external factors.
5.7 No Returns
We have a no-returns policy. All sales are final, and no refunds or exchanges will be permitted. By completing your purchase, you agree to abide by this policy.
5.8 Third-party Charges
If you incur any fees, such as overdraft fees or other charges, as a result of your payment activities, those fees are solely your responsibility and not that of the Company.
5.9 Changes and Cancellations
We reserve the right to change the terms of a transaction, refuse service, or cancel orders at our sole discretion. If your order is canceled, we will attempt to notify you through the email address you provided during the transaction.
5.10 Billing Errors
If you believe you have been billed in error, you must contact us within 30 days of the billing date. Failure to dispute the charge within this time frame will constitute your waiver of any claim regarding such disputed charge.
6. Liability and Disclaimers
6.1 General Disclaimer
While we strive for accuracy in all areas of the Service, we do not warrant that the Service, product descriptions, or other content is accurate, complete, reliable, or current. The Company disclaims all warranties, express or implied, related to the Service to the fullest extent permissible by law.
6.2 Health and Medical Disclaimer
The supplement is intended for general health and should not be considered as medical advice, diagnosis, or treatment. It is imperative to consult with healthcare professionals for specific medical advice. The testimonials on our Service represent individual results, which do not guarantee similar outcomes for all users.
6.3 Liability Insurance
We maintain liability insurance to cover certain types of claims. However, this insurance may not cover all types of liabilities, and thus, does not absolve you from your responsibilities and liabilities as a user of the Service.
6.4 Limitations of Liability
Neither the Company nor its directors, employees, or agents will be liable for any direct, indirect, or consequential damages, loss of revenue, or loss of data arising out of your use of the Service, even if we have been advised of the possibility of such damages.
6.5 Intellectual Property Rights
The trademark “Y Power” and the formula for the supplement are fully protected under applicable intellectual property laws. Unauthorized use of our intellectual property is strictly prohibited and may result in legal action.
6.6 Dispute Resolution
Any disputes arising from these Terms or your use of the Service will be settled by arbitration in New York, in accordance with the then-current rules of the American Arbitration Association.
6.7 Third-Party Interactions
Your interactions with organizations or individuals found on or through the Service, including any transactions, payments, and any other terms, conditions, warranties or representations, are solely between you and such organizations or individuals.
6.8 Indemnity
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, or costs arising from your use of the Service and violation of these Terms.
6.9 Risk Acknowledgment
By using the Service, you acknowledge and agree that you assume all risks associated with such use, including but not limited to the risks related to the quality, safety, and legality of the products, and the truth or accuracy of listings and reviews.
6.10 Waiver and Severability
The failure of the Company to enforce any part of these Terms does not constitute a waiver of that term. If any provision of these Terms is found to be unenforceable, the remaining portions will remain in full effect.
7. User Data and Privacy
7.1 No Account Creation
Users will not create accounts on the Service. Therefore, personal information such as usernames, passwords, and other account-specific details will not be stored.
7.2 Data Collection and Use
Even though users do not create accounts, the Company may collect data such as IP addresses, browser types, and other usage information for analytics and to improve the Service. We also collect payment and shipping information to facilitate transactions.
7.3 Third-Party Sharing
Your information will only be shared with third parties for specific purposes, including fulfilling orders and processing payments. We will never sell or lease your personal information to third parties for promotional purposes.
7.4 Cookies and Other Technologies
We may use cookies, pixels, and other tracking technologies to collect information about your interactions with our Service. This is aimed at providing a better user experience but can be disabled through your browser settings.
7.5 Security Measures
We implement reasonable security measures aimed at protecting your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is 100% secure, and we cannot guarantee the absolute security of your information.
7.6 GDPR Compliance
If you are a resident of a country where the General Data Protection Regulation (GDPR) applies, you have specific rights related to your personal data. You can request access to, correction, or deletion of your personal data.
7.7 California Consumer Privacy Act (CCPA)
If you are a resident of California, you have additional rights under the California Consumer Privacy Act. You can request disclosure of specific types of personal information we have collected about you.
7.8 Children’s Privacy
Our Service is not intended for children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13, please do not provide any information to the Service.
7.9 Data Retention
We retain your personal information for as long as is necessary to fulfill the purposes outlined in these Terms, unless a longer retention period is required by law.
7.10 Updates to Privacy Policy
We reserve the right to update our privacy policies and practices. Any changes will be posted on our Service, and it’s your responsibility to review them regularly.
8. Dispute Resolution
8.1 Agreement to Arbitrate
By using the Service, you agree that any disputes that arise between you and the Company shall be resolved through arbitration, rather than in court, except for disputes that qualify for small claims court. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury.
8.2 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the then-current rules of the American Arbitration Association (AAA), and will take place in New York, New York. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.
8.3 Costs and Fees
You are responsible for paying your own filing, administrative, and arbitrator fees. However, the Company will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
8.4 Opt-Out Option
You have the right to opt out of arbitration within 30 days of your first use of the Service by sending written notice of your decision to opt out to the Company’s contact address. After the 30-day period, you are bound to arbitrate disputes in accordance with these Terms.
8.5 Class Action Waiver
By agreeing to these Terms, you also agree that you cannot bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
8.6 Time Limit to File Claims
Any claim or dispute you may have related to your use of the Service must be filed within one year after such claim or dispute arose; otherwise, the claim is permanently barred, which means that you and the Company will not have the right to assert the claim.
8.7 Governing Law
These Terms and the relationship between you and the Company will be governed by the laws of the State of New York, without regard to its conflict of law principles.
8.8 Judicial Forum
If for any reason the Agreement to Arbitrate is found to be unenforceable, or if you opt-out of arbitration, you and the Company agree to resolve any dispute in a federal or state court located in New York, New York, and you consent to personal jurisdiction in those courts.
8.9 Survival
This arbitration agreement will survive the termination of your relationship with the Company.
9. Termination and Suspension of Service
9.1 Right to Terminate
We reserve the right to terminate or suspend your access to all or part of the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.
9.2 User Termination
You also have the right to terminate your use of the Service at any time. Termination will not affect already processed transactions and you will need to pay for any fees or charges incurred before the termination.
9.3 Automatic Termination for Non-use
If you have not engaged with the Service for an extended period (as determined in our sole discretion), we reserve the right to terminate your access to the Service as part of our effort to optimize the user experience and resource allocation.
9.4 Notification and Effect of Termination
If we terminate your access to the Service, we may notify you via the contact information you have provided. Upon termination, you must cease all use of the Service and any associated intellectual property. Any provisions of these Terms that should survive termination will continue in effect, including, but not limited to, warranty disclaimers and limitations of liability.
9.5 Legal Actions upon Termination
We reserve the right to take appropriate legal actions against you, should you breach these Terms and such breach necessitates termination.
9.6 Refund Policy upon Termination
As a rule, no refunds shall be offered on products purchased. Any exceptions to this policy will be at the sole discretion of the Company.
9.7 Data Retention and Deletion
Upon termination, any data related to your usage of the Service will be retained or deleted according to our Privacy Policy, as described in Section 7 of these Terms.
9.8 Termination for Illegal or Harmful Behavior
We reserve the right to report your activities to law enforcement and appropriate agencies if we have a reasonable belief that your conduct violates applicable laws or is harmful to others.
9.9 Appeals Process
If you believe that your access has been unjustly terminated or suspended, you have the right to appeal. All appeals must be submitted in writing to the contact information provided and will be reviewed at our discretion.
10. Intellectual Property Rights
10.1 Ownership
The Service and all associated content, including but not limited to text, images, graphics, logos, and the product formula, are owned by Y Power Supplement, INC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. The term “Y Power” is a registered trademark of Y Power Supplement, INC.
10.2 Limited License
By using the Service, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.
10.3 Prohibitions
You may not modify, distribute, transmit, reverse-engineer, or create derivative works of any of our intellectual property, or use our intellectual property for commercial purposes without explicit written permission from Y Power Supplement, INC.
10.4 Reporting Infringements
If you believe that any content on our Service infringes upon any copyright or other intellectual property that you own or control, you may submit a written notification of such infringement to our designated agent as set forth in the Digital Millennium Copyright Act (DMCA).
10.5 Penalties for Violation
Violating the Company’s intellectual property rights may result in penalties including but not limited to the termination of your access to the Service, legal actions, and/or substantial monetary damages.
10.6 User-Generated Content
In cases where the Service allows you to submit or generate content, you grant Y Power Supplement, INC a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any content that you post on or in connection with the Service.
10.7 Third-Party Intellectual Property
Any use of third-party trademarks, brand names, products, and/or services within our Service are for informational and identification purposes only and do not imply endorsement or affiliation.
10.8 Intellectual Property Claims
Y Power Supplement, INC respects the intellectual property of others and asks that you do too. We will respond to notices of alleged copyright infringement that comply with applicable law.
10.9 Updates and Changes
We reserve the right to change or update the intellectual property owned by Y Power Supplement, INC at any time without notice, including removal or alteration of content.
11. Privacy and Data Protection
11.1 Commitment to Privacy
Y Power Supplement, INC is committed to respecting and safeguarding your privacy. The terms outlined in this section and in our Privacy Policy govern how we collect, use, and disclose your personal information.
11.2 Information Collection
We collect various types of information, such as your name, email address, payment details, and shipping information, solely for the purpose of fulfilling orders and transacting payments.
11.3 Third-Party Sharing
Your personal information will only be shared with third parties necessary for order fulfillment and payment processing. These third parties are contractually obligated to protect your information.
11.4 Cookies and Tracking Technologies
We may use cookies, web beacons, and other tracking technologies to improve the functionality and user experience of the Service.
11.5 Data Retention
We retain your data for as long as needed to fulfill the purposes for which it was collected or to comply with our legal obligations. After this period, personal data will be securely deleted.
11.6 Security Measures
We implement security measures designed to protect your information from unauthorized access, use, or disclosure. These measures include encryption, firewalls, and secure sockets layer (SSL) technology.
11.7 Children’s Privacy
The Service is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will delete it immediately.
11.8 Your Rights
You have the right to access, rectify, or delete your personal information stored by us. To exercise these rights, contact us using the information in the “Contact Us” section.
11.9 International Data Transfers
If you are accessing the Service from outside the United States, you consent to the transfer of your information to the United States for processing and storage.
11.10 Changes to This Privacy Policy
We reserve the right to update or amend this Privacy and Data Protection section and our Privacy Policy at any time. Any changes will be posted on the Service and, where appropriate, notified to you.
12. User Conduct and Responsibilities
12.1 Acceptable Use
By accessing and using the Service, you agree to comply with all applicable laws, rules, and regulations. You are solely responsible for all activities conducted through your use of the Service.
12.2 Prohibited Actions
You may not use the Service to engage in any unlawful activity, including but not limited to fraud, harassment, defamation, or infringement of intellectual property rights.
12.3 Accurate Information
You agree to provide accurate and complete information when making a purchase. Any use of fraudulent information or unauthorized use of a third-party’s information is strictly prohibited and will result in immediate termination of access to the Service and potential legal actions.
12.4 Medical Disclaimer
As our products are intended for general health, we strongly recommend that individuals under the age of 8 or those with preexisting medical conditions consult a physician before use. Y Power Supplement, INC is not responsible for any adverse effects due to misuse of the product.
12.5 Testimonials and Reviews
You acknowledge that individual results may vary and testimonials on the Service are not guaranteed to reflect your personal experience. Y Power Supplement, INC is not liable for any dissatisfaction or adverse effects you may experience.
12.6 Interactions with Other Users
You are solely responsible for your interactions with other users of the Service, if applicable. Y Power Supplement, INC reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other users.
12.7 Right to Monitor
We reserve the right to monitor your use of the Service to ensure compliance with these Terms and to respond to any violation thereof.
12.8 Violations and Penalties
Violations of these guidelines may result in a range of penalties, from warnings and temporary suspensions to permanent bans from the Service and legal action, depending on the severity and frequency of the violation(s).
12.9 Amendments to User Conduct Rules
Y Power Supplement, INC reserves the right to modify the User Conduct and Responsibilities section at any time, effective upon posting the amended Terms on the Service. Continued use of the Service indicates acceptance of the amended Terms.
If you have any questions, concerns, or inquiries regarding these Terms, please contact us at ypowersupplement@gmail.com.