Website:
For the purposes of these terms of use, “Services” means Chronic Gain’s (“CG”, “we”, “us” or “our”) websites and applications (including mobile applications) and any content posted in such websites and applications including but not limited to testimonials, calculators, white papers and other industry and market information (whether in written, visual or audio format).
By use of the Services, you agree and consent to these Terms and Conditions. Your access to, and continued use of, the Services is conditioned on your adherence to the terms of these Terms and Conditions. We may, at our sole and absolute discretion, deny you access to the Services if we believe you have violated these Terms and Conditions.
For your convenience, the Services may include third-party apps or sites that link from our Services. You are responsible for deciding if you want to access or use such third-party apps or sites. The mention of, or links to, third-party information, services, products, or providers in our Services does not imply that we endorse or support such services, products or providers. We are not responsible for these other sites or apps or the validity or accuracy of the information contained therein or performance of any products or services referenced therein. In short, you use these third-party apps, sites, information, services, products and providers at your own risk.
CG reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. CG logos and other trademarks, service marks, graphics, and logos used for our Services or otherwise are trademarks or registered trademarks of Chronic Gains.
By using the Services, you agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements, and you agree that you will not:
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Services;
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of CG;
- Violate the intellectual property or other rights of CG, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “CG” or our logos in any business name, email, or URL;
- Upload or otherwise cause to be transmitted software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without MedPro’s consent;
- Deep-link to our Services for any purpose, without CG’s consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Submit fraudulent, false or otherwise misleading information when submitting information to MedPro via the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Share your personal ID, password or PIN with anyone, under any circumstances.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time without prior notice to you. Changes to these Terms and Conditions will be effective immediately upon posting such changes, unless otherwise noted.
You agree, at your expense, to defend and indemnify CG, its subsidiaries and affiliates and our and their respective officers, directors, managers, employees and agents and contractors and hold any and all such parties harmless against any and all claims which may be asserted against such parties and all losses incurred by such parties as a result of any violations by you of these Terms and Conditions.
WE DO NOT OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY OF THE CONTENT THAT MAY BE OBTAINED AT OR THROUGH THE SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE SERVICES RE MADE AVAILABLE TO YOU “AS IS, WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES WHATSOEVER ABOUT THE NATURE, CONTENT, CORRECTNESS, RELIABILITY, COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT LOCATED AT, RECEIVED FROM, OR GENERATED THROUGH, THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, WARRANTIES OR GUARANTEES THAT THE SERVICES WILL BE SECURE OR ACCESSIBLE CONTINUOUSLY, WITHOUT INTERRUPTION OR ERROR-FREE. PRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES.
WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, THE USE OF THE SERVICES, AND THE CONTENT PROVIDED HEREIN OR THEREIN, OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, INCLUDING BY EXAMPLE, WITHOUT LIMITATION, LOST REVENUE, PROFIT OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, DEFECT, DELAY IN TRANSMISSION OR OPERATION, COMPUTER VIRUS, BUSINESS INTERRUPTION AND THE LIKE.
Except as otherwise provided any other written agreement we may have with you, these Terms and Conditions constitute the entire agreement between you and us relating to your access to and use of the Services and supersede any prior or contemporaneous representations or agreements, including all prior versions of these Terms and Conditions.
Any disputes with respect to these Terms and Conditions or the Services shall be governed by, and construed in accordance with, the laws of the State of Colorado. All disputes arising out of or relating to these Terms and Conditions or the Services shall be only be brought in a federal our state court situated in Denver, Colorado.
If any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable by a court of competent jurisdiction, these Terms and Conditions shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. The invalidity of any these Terms and Conditions in one jurisdiction shall not affect the validity of these Terms and Conditions in accordance with the laws of any other jurisdiction.
TERMS AND CONDITIONS OF SALE
The Terms and Conditions published here supersede any previous version(s), including any written or emailed copies.
Applicability: The following CG, Inc., Chronic Gains (“Supplier”) Terms and Conditions of Sale (“Terms”) shall apply and govern any sale of product, merchandise or service by Supplier and/or any of its subsidiaries and/or affiliates, to the Buyer.
Supply of Products: Supplier shall provide and supply to Buyer, tinctures, topicals, pet products, personal care products, dietary supplements and other products as further identified in the applicable invoice, the “Products.” Prices per SKU are valid for six (6) months without increase from their release date. Non-custom products’ order completion timeline is fourteen to thirty (14-30) business days. If longer than forty-five (45) business days are needed, Supplier will notify Buyer in writing with the applicable timeline. Custom order completion timelines are six to ten (6 – 10) weeks after written sample approval. Supplier will not be liable for any delays production or any interruption in the workflow process caused by changes to the specifications or other acts or omissions by Buyer. Supplier reserves the right to discontinue production of any Product offered in its product catalog at any time.
Payments: All payments are to be made in full before orders enter the manufacturing/printing queue. Payments for orders may be made via bank transfer, Zelle, checks, money orders, or wire transfer. Credit card payments are accepted or sample orders only. If credit card is used for payment, Buyer waives its right to any charge back. Non-Custom orders may not be cancelled /modified after twenty-four (24) hours of submission of the order. Custom orders may not be cancelled and any modifications may only be done in writing by mutual consent and may result in additional costs to Buyer.
Delivery & Shipping Terms and Conditions: At the time of placing the order, Buyer will select the type of delivery service it desires. Buyer is responsible for shipping charges. Buyer may elect to add shipping insurance and will be responsible for the cost of said insurance. Buyer will inform Supplier the address to which it desires the products delivered. If Buyer elects to enter into a Drop Shipping Agreement, products will be shipped directly to Buyer’s customers per the terms of that agreement. Upon delivery of the Products, Buyer shall inspect the Products within three (3) days of receipt (“Inspection Period”). Buyer will be deemed to have accepted the Products unless it notifies Supplier in writing of any Nonconforming Products during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Supplier. “Nonconforming Products” only means product’s label or packaging incorrectly identifies its contents. If Buyer timely notifies Supplier of any Nonconforming Products, Supplier shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at Supplier’s expense and risk of loss, the Nonconforming Products to Supplier’s facility. If Supplier exercises its option to replace Nonconforming Products, Supplier shall, after receiving Buyer’s shipment of
Nonconforming Products, ship to Buyer, at Supplier’s expense and risk of loss, the replaced Products to the delivery location. Buyer acknowledges and agrees that the remedies set forth in this section are Buyer’s exclusive remedies for the delivery of Nonconforming Products. Except as provided under this Section, all sales of Products to Buyer are made on a one-way basis and Buyer has no right to return Products purchased under these Terms. Supplier shall not be liable for any delays, loss, or damage in transit.
Title & Risk of Loss: Title to and risk of loss related to the Products shall transfer from Supplier to Buyer at the time the Products are shipped. Buyer shall be responsible for prepayment of all transportation, freight, delivery charges and taxes. Buyer shall have the option to purchase shipping insurance at its expense. Supplier warrants that it will make available to Buyer, the Products free and clear of all liens, security interests, claims and encumbrances or any interest therein or thereto by any person or entity arising prior to or at the time they are made available for Buyer.
Legal Disclaimer and Insurance: In regard to any product, merchandise or service purchased from Supplier, Buyer (and its officers, agents, employees, purchasers, users, resellers and/or distributors) understand and agree that he/she/it shall be fully and solely responsible for ascertaining and fully complying with any and all applicable local, state,
territorial, federal or country laws (including any such laws applicable to the sale to persons under any applicable legal age) with respect to the purchase, use, resale, transportation or consumption of any such product merchandise or service. Buyer further understands and agrees that it will only use, sell, transport, resell or consume Supplier products, merchandise or services in a lawful manner, and obtain any insurance necessary and customary for Buyer’s business activities.
Returns and Refunds: No refunds are given for testing discrepancies due to the current non-regulation of industry testing standards. All private label, white label and blank bottle products are considered customized Products. Customized Products are not returnable or refundable. Label design and/or printing, graphic design and web design services are not returnable or refundable.
Intellectual Property: All logos, labels, images, files, and websites disclosed by Buyer will remain the sole and exclusive property of Buyer. Any “work for hire” services performed by Supplier on behalf of Buyer (logos, label design, product design, label printing files, renderings, web design, images) will become the exclusive Intellectual Property of Buyer at the time of delivery of the Products.
Indemnification: Buyer shall indemnify, defend and hold the Supplier and its affiliates, officers, directors, employees, contractors, agents, successors and permitted assigns harmless from and against any and all claims, suits, liabilities, damages (including, without limitation, property damage), injury (or death), losses, costs or expenses, including attorney’s fees, arising out of or in connection with: (i) any breach by Buyer of any of its representations,
warranties, or covenants in these Terms to the extent permitted by law; and/or (ii) any claims arising from any death or injury resulting from the use of the Supplier’s products. The foregoing shall not apply to the extent that any claims are caused by or resulting from the negligence or willful misconduct of the Supplier.
Limited Liability: SUPPLIER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, SERVICE PROVIDERS, MANUFACTURERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS AND/OR MEMBERS (“SUPPLIER’S AGENTS”) LIABILITY SHALL BE LIMITED, AT SUPPLIER’S OPTION, TO REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS OR REFUND OF THE PURCHASE PRICE. THE FOREGOING SETS FORTH SUPPLIER’S ENTIRE OBLIGATION AND LIABILITY TO BUYER IN RESPECT OF THE PRODUCTS, AND BUYER ACCEPTS THE SAME AS ITS ENTIRE RIGHT AND SOLE REMEDY IN RELATION TO ANY BREACH BY SUPPLIER OF THESE TERMS AND CONDITIONS. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SUPPLIER OR SUPPLIER’S AGENTS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE OR NATURE, WHETHER ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE OR WHETHER OR NOT SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SELLER’S AGGREGAGE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR OTHER RELATIONSHIP BETWEEN THE PARTIES, EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS GIVING RISE TO THE APPLICABLE CLAIM IN THE LAST SIX MONTHS BEFORE A CLAIM IS MADE. DISCLAIMER OF WARRANTIES: SUPPLIER HEREBY DISCLAIMS AND BUYER HEREBY WAIVES ANY AND ALL ORAL OR
WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING SIGNED BY AN OFFICER OF SUPPLIER.
Force Majeure: Neither party will be liable for the costs or expenses arising from any failure or delay in the performance of these Terms that is due and attributable to causes beyond the control of either party, including but not limited to acts of God, weather, pandemic, epidemic, war, civil unrest, strikes, lockouts, destruction of production facilities, riots, insurrection, terrorist attacks, government regulatory actions, acts or decrees of governmental or military
bodies, fire, casualty, flood, earthquake, or any other force majeure event, provided that the party has used commercially reasonable efforts to mitigate the effects of the cause.
Buyer-Supplier Relationship: The relationship created by these Terms is solely a buyer-supplier relationship. These terms do not make either party the employee, agent, or legal representative of the other for any purpose whatsoever.
Governing Law & Dispute Resolution: These Terms shall by governed by the laws of the State of Colorado. Any dispute arising from these Terms shall first be addressed by the parties through informal dispute resolution negotiations conducted in good faith. If such do not resolve the matter, then the parties shall submit the dispute to Mediation, under the auspices and Rules of the American Arbitration Association in Denver, Colorado. If the parties do not resolve the dispute within 90 days of the date of the first dispute resolution effort, the parties agree to resolve the dispute by binding arbitration, under the auspices of and under the Commercial Arbitration Rules of the American Arbitration Association. The said arbitration shall be conducted in Denver, Colorado.
Attorney Fees: If any action at law or in equity is necessary to enforce or interpret the terms of these Terms, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Waiver: No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of these Terms or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach.
Assignment: Buyer shall not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of Supplier. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves Buyer of any of its obligations under these Terms. Supplier may assign its rights and delegate of any of its obligations under these Terms without consent of Buyer.
Severability: Should any provision of these Terms be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of these Terms shall be unaffected thereby and shall continue to be valid and enforceable.
Survival: All provisions regarding indemnification, warranty, liability, and limits thereon, and intellectual property and/or protections of proprietary rights and trade secrets shall survive the termination of these Terms.
Entire Terms & Modification: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. These Terms may only be modified in whole or in part, by an instrument in writing signed by both parties hereto, or their respective successors or assignees.
Any dispute or refund request for any transaction must be made within 7 days of payment.
All deposits are non-refundable, and orders may not be changed or canceled after 24 hours.
CUSTOM ORDERS & DEPOSITS
CUSTOM ORDERS ARE NOT REFUNDABLE OR RETURNABLE.
All orders must be paid in full before production will begin unless prior arrangements have been made.
All deposits (if applicable) are non-refundable, and orders may not be changed or modified after 24 hours of receipt of deposit or payment. White label, private label, or blank bottle products are not eligible for refunds. Research and Development Fees are not refundable and are earned upon receipt.
COMPANY POLICIES
The Company reserves the right to change or modify policies at any time, without notice.
Drop Ship/Fulfillment Policies: Drop Ship Monthly Fees are due upon receipt on the 1st of each month. Fulfillment Invoices are due upon receipt. Shipments/Inventory will not be released until any past due balances are paid.
Printing: Due to the variations with printing equipment, slight variations in color representations may occur. No refunds will be given for printing.
Lab Tests: No refunds are given for testing discrepancies due to the current non-regulation of industry testing standards.