PERFORMANCE INSIDER REWARDS PROGRAM TERMS OF USE
These Terms of Use (“Terms”) govern your use of digital products and services from Woodbolt Distribution, LLC dba Nutrabolt (“Nutrabolt”) and your access to and participation in Nutrabolt’s Performance Insider Rewards Program (the “Rewards Program”), unless other terms and conditions expressly govern. These Terms are between you and Nutrabolt and its affiliates and govern our respective rights and obligations.
IF YOU ENROLL IN THE REWARDS PROGRAM, YOU MUST EXPRESSLY ACCEPT THESE TERMS, CONDITIONS, LIMITATIONS, AND REQUIREMENTS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH NUTRABOLT RELATED TO THE REWARDS PROGRAM. BY ENROLLING IN THE REWARDS PROGRAM, YOU REPRESENT AND WARRANT THAT YOU ARE A LEGAL RESIDENT OF THE UNITED STATES AND ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
Please note that your use of the Nutrabolt website and participation in the Rewards Program are also governed by other terms and conditions, including Nutrabolt’s Terms of Use and Privacy Policy, as well as any other applicable terms, conditions, limitations, promotional offers, and requirements on the Nutrabolt website, all of which (as changed over time) are incorporated into these Terms and constitute the entire agreement between you and Nutrabolt related to your participation in the Rewards Program.
For information regarding the collection and storage of your data relative to enrollment in the Rewards Program, please refer to our Privacy Policy.
Data provided by Nutrabolt may be shared with a third party relative to redeeming points earned with such third party. At the point of transfer of your data from Nutrabolt to the third party, such third party’s privacy policy shall apply to your data.
1.0 CHANGES TO THE TERMS
We may, in our sole discretion, change these Terms or any aspect of the Rewards Program at any time and for any reason, including any provision that is found invalid, void, or unenforceable. When we make material changes to these Terms, we’ll provide you with notice as appropriate under the circumstances, for example, by displaying a prominent notice within the service or by sending you an e-mail. Please make sure you read any notice carefully. YOUR CONTINUED PARTICIPATION IN THE REWARDS PROGRAM AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST SUSPEND YOUR PARTICIPATION IN THE REWARDS PROGRAM.
2.0 REWARDS PROGRAM
The Rewards Program is provided free-of-charge. However, some of the options available to earn points do require payment (e.g., for a single cart purchase you receive 5 points for every $1.00 spent or for a subscription purchase you receive 10 points for every $1.00 spent). The following graphic lists the options available to earn points.
As you accumulate points, you move up loyalty tiers and earn benefits. If, upon redeeming your points, your total point accumulation falls into a lower tier, you will move down to that tier at the time of the one-year anniversary from when you entered into your current tier. The following graphic lists the tier breakdown and benefits.
You can always find a description of our Rewards Program on our website at Rewards Program.
EFFECTIVE JANUARY 27, 2023, CERTAIN READY-TO-DRINK NUTRABOLT PRODUCTS WILL NOT BE ELIGIBLE FOR THE REWARDS PROGRAM.
We may also offer you access to special promotional plans, memberships, or services for third-party products and/or services in conjunction with or through the Rewards Program. We are not responsible for the products and/or services provided by third parties (i.e., any party that is not Nutrabolt). We reserve the right to modify, terminate, or otherwise amend our offered Rewards Program and promotional offerings at any time in accordance with these Terms.
The Rewards Program is open only to United States residents who are eighteen (18) years of age or older. Any enrollment in the Rewards Program by an individual who is not eligible for the Rewards Program is void and may be terminated by Nutrabolt in accordance with Section 4.0 of these Terms.
You can find specific details regarding your Rewards Program account by accessing your account at Account Log-In.
3.0 CANCELLATION
If you wish to cancel your participation in the Rewards Program and forfeit your loyalty points, you may cancel at any time by sending an email to our support team at support@cellucor.com and requesting that your Rewards Program account be cancelled.
4.0 TERMINATION BY NUTRABOLT
We may terminate or suspend your Rewards Program participation in our sole discretion for any reason without notice. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.
5.0 CONSENT TO RECEIVE COMMUNICATIONS
By participating in the Rewards Program, you agree to receive advertising, marketing materials, and other communications from Nutrabolt at the e-mail address with which you created your Rewards Program account. By signing up to join the Rewards Program, you will automatically be subscribed to receive Rewards Program emails. You may unsubscribe from receiving marketing emails at any time by clicking the “unsubscribe” link contained in the email footer or by sending an email to our support team at support@cellucor.com and requesting to unsubscribe from receiving marketing emails.
6.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE REWARDS PROGRAM AND ALL CONTENT AND SOFTWARE ASSOCIATED WITH IT, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE REWARDS PROGRAM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NUTRABOLT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE REWARDS PROGRAM OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN NUTRABOLT’S TERMS OF USE AND PRIVACY POLICY, YOU AGREE THAT NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, STOCKHOLDERS, AGENTS, PARENT COMPANY, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, THIRD-PARTY SERVICE PROVIDERS, OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE REWARDS PROGRAM OR YOUR PARTICIPATION IN SUCH PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO NUTRABOLT FOR PRODUCTS OR SERVICE ON THE SITES; OR (B) ONE HUNDRED DOLLARS ($100 USD). THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PARTICIPATION IN THE REWARDS PROGRAM. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7.0 DISPUTE RESOLUTION
If a dispute should arise between you and Nutrabolt, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all disputes can be resolved to the customer’s satisfaction by reaching out to our support team at support@cellucor.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we will proceed with the resolution of the dispute.
THE FOLLOWING PROVISIONS RELATE TO DISPUTES, CLAIMS, AND CLASS ACTIONS. IT IS IMPORTANT THAT YOU READ THESE PROVISIONS CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS.
7.1 Binding Arbitration
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE NUTRABOLT REWARDS PROGRAM OR THESE TERMS SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION. ARBITRATION REMOVES YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms, these Terms shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Austin, Texas and Texas law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. These Terms are governed by and will be interpreted in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of laws provision. You agree to jurisdiction in Texas and you will initiate any claim in connection with the Rewards Program or these Terms in Austin, Texas.
7.2 No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST NUTRABOLT IN AN INDIVIDUAL CAPACITY IN ACCORDANCE WITH THIS SECTION 7.0 AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Terms Last Updated: January 25, 2023