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Terms of Service

Terms of Service and End-User License Agreement

Date of Last Revision: August 1, 2025

Background

Thank you for visiting the Blueshift® website located at www.blueshiftnutrition.com (the "Site") and/or downloading and accessing the Blueshift® mobile application (the "App"). The Site and App are properties of Blueshift Nutrition, Inc. (collectively, "Blueshift®" "we," "our" or "us").

Scope

These Terms of Service and End-User License Agreement ("Terms") are inclusive of the Blueshift® Privacy Policy ("Privacy Policy"), the Blueshift® Return Policy ("Return Policy"), the Blueshift® Frequently Asked Questions ("FAQ"), the Blueshift® Reseller Policy, the Blueshift® MAP Policy and any and all other applicable Blueshift® operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").

Your Consent to the Agreement

You agree to the terms and conditions contained in the Agreement, in their entirety, when you: (a) access and/or use the Site; (b) download, attempt to download and/or use the App and associated Software (as defined below), as made available on the iPhone® and iPad®, as well as Android® and other mobile devices, where and to the extent available (collectively, "Mobile Devices") by and through the Apple® App Store, the Google Play® store and other applicable venues, where and to the extent available (collectively, "Distribution Channels"); (c) access certain text, images, video, audio, and other content and information relating to the Blueshift® Offerings as made available by: (i) Blueshift® (collectively, "Blueshift® Content"); and/or (ii) third parties ("Third-Party Content," and together with the Blueshift® Content, the "Content"); (d) purchase any of the Blueshift® products and gift cards ("Gift Cards") featured on the Site and in the App, either through the retail or wholesale options made available to users (collectively, "Blueshift® Products"); (e) register to receive our email newsletter ("Newsletter"), which contains updates and promotions associated with various Blueshift® Products; (f) register to participate in the Reseller Program (as defined below); (g) access links to the Blueshift® social media pages/accounts appearing on third-party social media websites (collectively, "Social Media Pages"), such as Facebook®, Instagram®, TikTok® and YouTube® (collectively, "Social Media Websites"); (h) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Blueshift® (collectively, the "Contact Services," and together with the Site, App, Content, Blueshift® Products, Gift Cards, Reseller Program, Newsletter and Social Media Pages, the "Blueshift® Offerings"); and/or (i) otherwise affirmatively consent to these Terms and/or the Agreement. 

These Terms are effective as of the date set forth above. Please print the Agreement for your records. A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually. Violations of the Agreement may result in suspension or termination of your account.

Apple®, Apple App Store®, Apple Pay®, iPhone® and iPad® are registered trademarks of Apple, Inc. ("Apple"). Facebook® and Instagram® are registered trademarks of Meta Platforms, Inc. ("Meta"). Android®, Google Pay®, Google Play® and YouTube® are registered trademarks of Google, Inc. ("Google"). TikTok® is a registered trademark of ByteDance Ltd. ("TikTok"). Please be advised that Blueshift® is not in any way affiliated with Apple, Meta, Google or TikTok, and the Blueshift® Offerings are not endorsed, administered or sponsored by any of the foregoing entities.

NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST BLUESHIFT® AND/OR ITS THIRD PARTY PARTNERS, AS WELL AS THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND RELATED PARTIES, AND BLUESHIFT’S® SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. 

THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").

Disclaimers

You acknowledge and understand that the Blueshift® Products and associated Content have not been evaluated by the US Food & Drug Administration ("FDA"). The FDA only evaluates food and drugs, not supplements and/or nutraceuticals, such as the Blueshift® Products. The Blueshift® Products, Content and other material made available by and through the Blueshift® Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician or other healthcare professional. 

You should always consult with your physician or other healthcare professional before utilizing any Blueshift® Products and/or adopting any treatment for a health problem, whether featured by and/or through the Blueshift® Offerings or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you are experiencing a medical problem as a result of any Blueshift® Products and/or treatment for a health condition, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other Blueshift® Offerings.

Without limiting the foregoing, those who are taking medication or are under treatment for any disease, or are pregnant or lactating, please consult with your health care professional before utilizing any Blueshift® Products and/or adopting any treatment for a health-related condition. 

Further, the Blueshift® Products contain ingredients that you may be allergic to. You should always check the ingredients contained in the Blueshift® Products and recipes to avoid potential allergic reactions. If you have, or suspect that you are experiencing, an allergic reaction or other adverse health event, promptly contact your health care provider.

Modification 

We may amend the Agreement from time to time in our sole discretion, without specific notice to users; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and by and through the App, and users should review the Agreement in its entirety prior to using any Blueshift® Offerings. By a user’s continued use of any Blueshift® Offerings, that user hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). 

Access and Use of the Blueshift® Offerings

Requirements; Necessary Equipment; Data Charges. The Blueshift® Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction); and (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity ("Entity") (collectively, "Usage Requirements"). The Blueshift® Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity. If you do not satisfy all of the Eligibility Requirements, you may not access the Blueshift® Offerings. 

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Blueshift® Offerings. Blueshift® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Blueshift® does not guarantee that the Blueshift® Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App and other Blueshift® Offerings. You are fully responsible for all such charges and Blueshift® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

In addition to the foregoing, individuals are not permitted to access the Blueshift® Offerings with a Jail-Broken Mobile Device. For purposes of the Agreement, a "Jail-Broken Mobile Device" is a Mobile Device that runs: (I) Apple’s® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®; and/or (II) the Android® operating system that has had any of its Android®-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device manufacturer.

Your Registration Obligations: You may be required to register with Blueshift® or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Blueshift® Offerings. In order to download the App, purchase Blueshift® Products, register for the Newsletter and/or utilize certain other Blueshift® Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a "Form"). The information that you must supply on a Form may include, without limitation: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information or other Payment Method (as defined below) information (where purchasing Blueshift® Products and/or Gift Cards); (f) date of birth; (g) Entity name (where registering on behalf of an Entity); and/or (g) any other information requested by us on the applicable registration Form (collectively, "Registration Data").

You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Blueshift’s® use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

Blueshift® may reject a prospective user’s attempt to open an account and/or terminate a user’s account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where: (i) Blueshift® believes that such user/prospective user, as applicable, is in any way in breach of the Agreement; (ii) Blueshift® believes that such user/prospective user, as applicable, is engaged in any improper and/or unauthorized conduct in connection with the Blueshift® Offerings; and/or (iii) Blueshift® believes that such user/prospective user, as applicable, is, at any time, engaged in any activity by and/or through the Blueshift® Offerings that may violate any applicable law.

Member Account, Password and Security: As part of the registration process, users may be provided with, or may select, a user-name and/or password for both the Site and the App. If the user-name(s)/password(s) that a user requests is/are not available, that user will be asked to supply another user-name/password. If Blueshift® provides a user with a user-name/password, that user can change that user-name and/or password, or the one that the user selected during registration, at any time through her/his Site and/or App account settings, as applicable. You are responsible for maintaining the confidentiality of your user-name/password and account details, if any, and are fully responsible for any and all activities that occur under your password or account, including any charges incurred therethrough. You agree to (a) immediately notify Blueshift® of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session when accessing the Service. Blueshift® will not be liable for any loss or damage arising from your failure to comply with this paragraph.

General Practices Regarding Use and Storage: You acknowledge that Blueshift® may establish general practices and limits concerning use of the Blueshift® Offerings, including the maximum period of time that data or other content will be retained by the Blueshift® Offerings and the maximum storage space that will be allotted on Blueshift’s® or its third-party service providers’ servers on your behalf. You agree that Blueshift® has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by and/or through the Blueshift® Offerings. You acknowledge that Blueshift® reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Blueshift® reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials that you make available to Blueshift®, including by uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") via the Blueshift® Offerings or by emailing or otherwise making available to other users of the Blueshift® Offerings (collectively, "User Content"). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Blueshift®. Blueshift® reserves the right to investigate and take appropriate legal action against anyone who, in Blueshift’s® sole discretion, violates this provision, including removing the offending content from the Blueshift® Offerings, suspending or terminating the account of such violators, and reporting the violators to law enforcement authorities. You agree to not use the Blueshift® Offerings to:

  1. email or otherwise upload any content that: (a) infringes upon any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (g) in the sole judgment of Blueshift®, is objectionable or which restricts or inhibits any other person from using or enjoying the Blueshift® Offerings, or which may expose Blueshift® or its users to any harm or liability of any type;
  2. interfere with or disrupt the Blueshift® Offerings or servers or networks connected to the Blueshift® Offerings, or disobey any requirements, procedures, policies, or regulations of networks connected to the Blueshift® Offerings;
  3. violate any applicable local, state, national, or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone, including individuals under eighteen (18) years of age;
  6. harvest or collect email addresses or other contact information of other users of the Blueshift® Offerings by electronic or other means for purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  9. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Blueshift® Offerings;
  10. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Blueshift® Offerings Content (as defined below)) available on or through the Blueshift® Offerings, including through the use of virtual private networks; or
  11. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Blueshift® from accessing the Blueshift® Offerings (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any competing smart bottle product, company that offers nutritional supplements, or competing mobile application, is permitted to view, access, or use any portion of the Blueshift® Offerings without the prior express written permission of Blueshift®. By viewing, using and/or accessing the Blueshift® Offerings, you represent and warrant that you are not a competitor of Blueshift® or any of its affiliates, or acting on behalf of a competitor of Blueshift® in using or accessing the Blueshift® Offerings.

Purchases: You can purchase Blueshift® Products and/or Gift Cards by and through the Site and App by completing the applicable Form and providing the requisite Registration Data. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE. 

One-Time Purchase: Where you purchase Blueshift® Products in a one-time transaction, the credit card or debit card account, or your Apple Pay® account, Google Pay® account, PayPal® account, Shop Pay® account, Venmo® account, TrueMed® account and/or any other payment method authorized by Blueshift® from time-to-time (collectively, "Payment Method"), that you provide on the Form (or update at a later date) will be charged the amount listed on the Site for the subject Blueshift® Products, plus any applicable sales tax and shipping and handling charges. 

PayPal® and Venmo® are registered trademark of PayPal, Inc. ("PayPal"). Shop Pay® is a registered trademark of Shopify, Inc. ("Shopify"). TrueMed® is a registered trademark of True Medicine, Inc. ("Truemed"). Please be advised that Blueshift® is not in any way affiliated with PayPal, Shopify or TrueMed, and the Blueshift® Offerings are not endorsed, administered or sponsored by PayPal, Shopify or TrueMed.

Subscription Programs: Where you purchase Blueshift® Products in connection with an automatically renewing subscription model ("Subscription"), your Payment Method will be charged the applicable amount for the subject Blueshift® Products on a recurring basis for as long as that Subscription remains active (the "Recurring Fees"). Such Recurring Fees will be charged in advance, and you acknowledge and agree that Blueshift® will not obtain any additional authorization from you for the applicable Subscription’s Recurring Fees. Every time that you accept delivery of the subject Blueshift® Products, you re-affirm that Blueshift® is authorized to charge your Payment Method and to have the Recurring Fees applied to same. 

Subscription Cancellation: If you purchase a Subscription through a mobile purchase or third-party marketplace (e.g., through the Apple® App Store or Google Play® Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Blueshift® at the time of purchase. Except as otherwise explicitly stated by Blueshift®, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Blueshift® will have no refund obligations. Blueshift® disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.

Apple Cancellation. If you obtained your Subscription via iTunes® on your Apple® Mobile Device, you can cancel your Subscription by going to your Account Settings in the App Store®. You can find Membership in the Settings app on your device under iTunes® & App Store®, and then select your Apple ID. 

Google Cancellation. If you obtained your Subscription via the Google Play® Store on your Android® Mobile Device, you can cancel your Subscription by opening the Google Play® Store and selecting Menu Membership. You can select the Subscription you want to cancel or update and then follow the onscreen instructions.

Site/App Cancellation. If you obtained your Subscription on the Site or via the App, you can cancel by contacting us at: hello@blueshiftnutrition.com or by going to Settings in your account, selecting Cancel under the "Membership" box and then following the onscreen instructions to continue and cancel your Subscription. 

General Billing Terms: You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Blueshift® Products shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at: hello@blueshiftnutrition.com. If you have obtained a Subscription using a credit card and your credit card fails to process for any reason, you agree that: (a) Blueshift® may contact you for alternate payment information via any phone number (including a cell phone number) or e-mail address provided by you; and/or (b) Blueshift® reserves the right to make additional attempts to charge the Payment Method. Without limiting the foregoing, Blueshift® reserves the right to contract with credit card companies, issuing banks and third-party service providers, in order to update and maintain your Payment Method information. This may be accomplished by refreshing expired, changed or replaced credit card and/or debit card numbers on file with Blueshift® with the numbers of any replacement cards so that your Subscription does not lapse. You must contact Blueshift® prior to making any Payment Method chargeback or inquiry, in order to reasonably allow for a resolution of any underlying dispute. If you fail to pay for any Blueshift® Product received, your account may be sent to collection. 

The fees associated with your purchases will appear on your Payment Method statement through the identifiers "BLUESHIFT N," "BLUESHIFTNUTRITION.COM," "SP Blueshift Nutrition" and such other identifiers as established by the applicable Payment Method. All prices displayed on the Site and in the App are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Blueshift® Products and/or Gift Cards does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Blueshift® in effect at any given time. Upon reasonable prior notice to you (with Site-updates/App-updates and/or e-mail sufficing), Blueshift® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or App, and/or purchase of Blueshift® Products and/or Gift Cards, after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification and any changes to the cost of the Blueshift® Products that are subject to an Subscription will come with all legally required prior notice. 

Restrictions; Incorrect Price Listings: Other than where you purchase the Blueshift® Products through the wholesale options made available on the Site and/or in the App, you agree that: (a) any Blueshift® Products and/or Gift Cards that you purchase from Blueshift® will be used for your personal, non-commercial use; and (b) you will not re-sell, re-distribute, or export any Blueshift® Products and/or Gift Cards that you order from Blueshift®. To the extent that your conduct may be fraudulent, such as attempting to purchase or purchasing Blueshift® Products and/or Gift Cards through the use of fake or stolen credit/debit cards or payment instruments, Blueshift® will report you to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by Blueshift®.

In the event that any Blueshift® Product and/or Gift Card is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Blueshift® shall have the right to refuse or cancel any orders placed for that Blueshift® Product and/or Gift Card, as applicable, so listed at the incorrect price. Blueshift® shall have the right to limit the number of Blueshift® Products and/or Gift Cards purchased through the Site/App. Blueshift® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, Blueshift® shall immediately issue a credit to your Payment Method account in the amount of the charge.

Payment Processing: Notwithstanding any amounts owed to Blueshift® hereunder, BLUESHIFT® DOES NOT PROCESS PAYMENT FOR ANY BLUESHIFT® PRODUCTS AND/OR GIFT CARDS. To facilitate payment for the Blueshift® Products and Gift Cards, we use third-party payment processors, including Stripe®, Google, Shopify and PayPal (collectively, "Payment Processors"). The payment processing services provided by the Payment Processors are subject to the terms and conditions, privacy policies, and other policies, which are available at the applicable Payment Processors’ websites (collectively, the "Payment Processor Agreements"). Users that purchase Blueshift® Products and/or Gift Cards by and through the Site/App agree to be bound by the applicable Payment Processor Agreement, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified Payment Method, even after such Payment Method has expired, to avoid interruptions in payment for your use of the Blueshift® Products and/or Gift Cards. Please contact the applicable Payment Processor for more information. Blueshift® assumes no liability or responsibility for any payments you make through the Blueshift® Offerings.

Stripe® is a registered trademark of Stripe, Inc. ("Stripe"). Please be advised that Blueshift® is not in any way affiliated with Stripe, and the Blueshift® Offerings are not endorsed, administered or sponsored by Stripe.

Return Policy and Refunds. If you are unhappy with your first order of Blueshift® Products for any reason, please contact us at hello@blueshiftnutrition.com for a full refund, no questions asked. 

Thereafter, returns of Blueshift® Products will only be accepted within thirty (30) days of the date of purchase. To be eligible for a return, your Blueshift® Products must be unused and in the same condition that you received it. Your returned Blueshift® Products must also be in the original packaging. To return your Blueshift® Product, please contact us at hello@blueshiftnutrition.com. If the Blueshift® Products are received by us in unused and undamaged condition in its original packaging, we will refund your purchase. Once your return is received and inspected, we will send you an email to notify you that we have received your shipment. If you are approved, then your refund will be processed, and a credit will be applied to your Payment Method, within 10-14 days.

Electronic Signatures: Blueshift® authorization to provide and bill for the Blueshift® Products and Gift Cards is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Blueshift’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the "E-Sign Act"). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BLUESHIFT® OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

Blueshift® Products: The Blueshift® Products remain, at all times, subject to the disclaimers contained herein and on the Site/in the App. Blueshift® attempts to be as accurate as possible when describing the Blueshift® Products. However, Blueshift® does not warrant that the Blueshift® Product descriptions (or other Content contained on the Site/in the App) are accurate, complete, reliable, current or error-free. If the Blueshift® Products offered on the Site/in the App are not as described, your sole remedy is to return the applicable Blueshift® Products. 

The Site and App contain Blueshift® Products inventory information. This information can be used to estimate the likelihood that the applicable Blueshift® Products will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Blueshift® Products listed as "in stock" will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Blueshift® Products may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If for any reason we determine that backordered Blueshift® Products are no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.

Content: The Site and App contain Content which includes, but is not limited to, text, audio, video, photographs, graphics, artwork, testimonials and other information about Blueshift® and/or the Blueshift® Products. The Content is compiled, distributed and displayed by Blueshift®, as well as third-party content providers, such as other Site/App users (collectively, "Third-Party Providers"). Blueshift® does not control the Content provided by Third-Party Providers that is made available by and through the Blueshift® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Blueshift® Offerings is solely at your own risk. Blueshift® does not represent or warrant that the Content and other information posted by and through the Blueshift® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Blueshift® will not be responsible for, and Blueshift® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Blueshift® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site/in the App.

Social Media Pages: The Site and App contain links to the various Blueshift® Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Blueshift® shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

Reseller Program. Blueshift® may, from time-to-time, make a reseller program ("Reseller Program") available to users that grants users the ability to become authorized sellers of the Blueshift® Products. The Reseller Program shall at all times remain subject to the Reseller Policy, as separately agreed to by and between the user and Blueshift®.

Mobile Services and Software

Mobile Services: The Blueshift® Offerings include certain features, services and functionality that are available via a Mobile Device, including: (a) the ability to upload content to the Blueshift® Offerings via a Mobile Device; (b) the ability to browse the Blueshift® Offerings from a Mobile Device; and (c) the ability to access certain Blueshift® Offering features and content by and through the App (collectively, the "Mobile Services"). To the extent you access the Blueshift® Offerings through a Mobile Device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or Mobile Devices. By using the Mobile Services, and where we have otherwise obtained your prior express consent as required by applicable law, you agree that we may communicate with you regarding Blueshift® and other entities by SMS, MMS, text message, or other electronic means to your Mobile Device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Blueshift® account information to ensure that your messages are not sent to the person that acquires your old number.

App License: Subject to the Agreement, Blueshift® hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to: (a) install the App on one (1) Mobile Device; and (b) use the Mobile App for your own personal use solely to access and use the Blueshift® Offerings. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to the Agreement. Each instance of the Agreement that you agree to in connection with downloading the App grants you the aforementioned rights in connection with the installation and use of the App on that Mobile Device.

Installation: Blueshift® believes in providing users with clear, concise and complete disclosure before users download and install the App, including a description of the primary functions of the App. The App requires user consent prior to installation. Blueshift® does not believe that users should be deceived into downloading or installing the App. In order to download the App, as made available on the iOS® and Android® mobile platforms, you must either utilize the options made available: (i) on the Site; or (ii) via participating Distribution Channels. 

Uninstall: The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: hello@blueshiftnutrition.com.

THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE. 

Ownership; Restrictions: The technology and software underlying the Blueshift® Offerings or distributed in connection therewith are the property of Blueshift®, its affiliates, and its licensors (including the App, collectively, the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Blueshift®.

Remote Access, Updates and Bug Fixes: Blueshift® reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide technical support including bug fixes, error corrections, patches, new releases or any other component not specified within these Terms, from time-to-time. When installed on a user’s Mobile Device, the App periodically communicates with Blueshift® servers. Blueshift® may require the updating of the App residing on a user’s Mobile Device when Blueshift® releases a new version of the App, or when Blueshift® makes new features available. The aforementioned technical support and/or updates may occur automatically without prior notice through remote access to your Mobile Device, or upon prior notice to you and may occur all at once or over multiple sessions, in Blueshift’s® sole and absolute discretion. By downloading the App, you hereby consent to this remote access and these update/technical support services. Our access to your Mobile Device will be limited to providing support and/or updating the App. Where we are denied access for these purposes, your ability to utilize App-based Blueshift® Offerings may be limited. Each user understands that we may require that user’s review and acceptance of our then-current Agreement before that user will be permitted to use any subsequent versions of the App. Each user acknowledges and agrees that Blueshift® has no obligation to make any subsequent versions of the App available to that user, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.

Special Notice for International Use; Export Controls: Blueshift® is headquartered in the United States. If you access or use the Blueshift® Offerings from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Blueshift® Offerings and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Blueshift® Offerings or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Third-Party Distribution Channels: Blueshift® offers Software that may be made available through the Distribution Channels. If you obtain such Software through a Distribution Channel, you may be subject to additional terms of that Distribution Channel. The Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and/or services in connection with your use of the Blueshift® Offerings, you agree to comply with all applicable terms of any agreement for such third-party products and/or services.

Apple®-Enabled Software: With respect to the version of the App that is made available for your use in connection with an Apple-branded device (the, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in the Agreement, the following terms and conditions apply:

  • Blueshift® and you acknowledge that the Agreement is entered into between Blueshift® and you only, and not with Apple, and that as between Blueshift® and Apple, Blueshift® is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules provided in connection with the Apple-Enabled Software.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS device that you own or control, as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Blueshift’s® sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Blueshift® and you acknowledge that Blueshift®, not Apple, is responsible for addressing any claims that you or any third party may have relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
  • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Blueshift® and Apple, Blueshift®, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Blueshift® as follows:
    hello@blueshiftnutrition.com
    (877) 767-8285
    Blueshift Nutrition, Inc.
    182 Summer St. #336
    Kingston, MA 02364 
  • You must comply with all applicable third-party terms and conditions when using the Apple-Enabled Software, e.g., your wireless data service agreement.
  • Blueshift® and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any version of the App that you download from the Google Play Store ("Google-Sourced Software"): (a) you acknowledge that the Agreement is between you and Blueshift® only, and not with Google; (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Blueshift®, and not Google, is solely responsible for Blueshift’s® Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Blueshift’s® Google-Sourced Software.

Intellectual Property Rights

Protected Content: You acknowledge and agree that the Blueshift® Offerings may contain Content and other material ("Protected Content") that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Blueshift®, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Blueshift® Offerings or the Protected Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Blueshift® Offerings in accordance with the Agreement. Any use of the Blueshift® Offerings or the Protected Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The "Blueshift" name and logos are trademarks and service marks of Blueshift Nutrition, Inc. (collectively the "Blueshift® Trademarks"). Other product names, service names and logos used and displayed via the Blueshift® Offerings may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Blueshift®. Nothing in the Agreement or the Blueshift® Offerings should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Blueshift® Trademarks displayed on/in the Blueshift® Offerings, without our prior written permission in each instance. All goodwill generated from the use of Blueshift® Trademarks will inure to our exclusive benefit.

User Content: You represent and warrant that you own all right, title and interest in and to your User Content, including all copyrights and rights of publicity contained therein. You hereby grant Blueshift® and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Blueshift® Offerings and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Blueshift® Offerings ("Submissions"), provided by you to Blueshift® are non-confidential and Blueshift® will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Blueshift® may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Blueshift®, its users, or the public. You understand that the technical processing and transmission of the Blueshift® Offerings, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Blueshift® respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Blueshift® of your infringement claim in accordance with the procedure set forth below.

Blueshift® will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Blueshift’s® "Copyright Agent" at: hello@blueshiftnutrition.com (Subject line: "DMCA Takedown Request"). You may also contact the Copyright Agent by U.S. Mail at:

Blueshift Nutrition, Inc.
Attn: Copyright Agent
182 Summer St. #336
Kingston, MA 02364

To be effective, the notification must be in writing and contain the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located within the Blueshift® Offerings, with enough detail that we may find it within the Blueshift® Offerings;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the New York, NY and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Blueshift® will send a copy of the counter-notice to the original complaining party informing them that Blueshift® may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Blueshift® or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion. 

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Blueshift® has adopted a policy of terminating, in appropriate circumstances and at Blueshift’s® sole discretion, the accounts of users who are deemed to be repeat infringers. Blueshift® may also at its sole discretion limit access to the Blueshift® Offerings and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

The Blueshift® Offerings may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties including, without limitation, the Social Media Pages (the "Third-Party Services"). Additionally, you may enable or log in to the Blueshift® Offerings via various online Third-Party Services, such as Social Media Websites. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party(ies), and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Blueshift® Offerings, please see our Privacy Policy. 

Blueshift® has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Blueshift®, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Blueshift® enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Blueshift® Offerings are between you and the third party. Blueshift® will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

You agree to defend, indemnify, and hold harmless Blueshift®, its affiliates, and its and their respective shareholders, members, officers, employees, directors, service providers, licensors, and agents (collectively, the "Blueshift® Parties") from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to: (a) your use of the Blueshift® Offerings; (b) your User Content; (c) your violation of any applicable law, rule or regulation; (d) your violation of the Agreement; and/or (e) your violation of any rights of another. 

Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Blueshift® Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Blueshift® Party. Blueshift® will provide notice to you of any such claim, suit, or proceeding. Blueshift® reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Blueshift’s® defense of such matter. You may not settle or compromise any claim against the Blueshift® Parties without Blueshift’s® written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

THE BLUESHIFT® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BLUESHIFT® MAKES NO WARRANTY THAT THE BLUESHIFT® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE BLUESHIFT® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BLUESHIFT® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE BLUESHIFT® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM BLUESHIFT® OR OTHERWISE THROUGH OR FROM THE BLUESHIFT® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT BLUESHIFT® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUESHIFT® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE BLUESHIFT® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE BLUESHIFT® OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, OR OTHER BLUESHIFT® OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE BLUESHIFT® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES BLUESHIFT® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF BLUESHIFT® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE BLUESHIFT® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR BLUESHIFT® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND BLUESHIFT®. ACCESS TO THE BLUESHIFT® OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLUESHIFT® OFFERINGS OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE BLUESHIFT® OFFERINGS .

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THOSE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Dispute Resolution Provisions." The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of New York. You agree that any and all disputes or claims that have arisen or may arise between you and Blueshift®, whether arising out of or relating to the Agreement (including any alleged breach thereof), the Blueshift® Offerings, any advertising, or any aspect of the relationship or transactions between you and any Covered Parties, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of these Dispute Resolution Provisions. Further, these Dispute Resolution Provisions do not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into the Agreement, you and the Covered Parties are all waiving the right to a trial by jury or to participate in a class action; provided, however, that Blueshift® reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Blueshift® that are similar to the demand for arbitration submitted by you. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of these Dispute Resolution Provisions. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site or App.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

To the extent permitted by law, and other than where Blueshift® requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision prohibiting you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided in these Dispute Resolution Provisions; and (b) is an independent agreement. .

c. Pre-Arbitration Dispute Resolution

Blueshift® is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at hello@blueshiftnutrition.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Blueshift® should be sent to us via email at: hello@blueshiftnutrition.com; or via U.S. Mail at: Blueshift Nutrition, Inc., 182 Summer St., #336, Kingston, MA 02364 ("Notice Address"). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The Covered Party(ies) named in your Notice (collectively, the "Named Parties") may choose to provide you with a final written settlement offer after receiving your Notice ("Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Blueshift® with proof that you accessed the Site and/or App and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. During the arbitration, the amount of any settlement offer made by any Named Party(ies) or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the applicable Named Party(ies) is/are entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Mass Arbitration Procedures and Guidelines ("JAMS Guidelines"), as modified by these Dispute Resolution Provisions. For information on JAMS, please visit its website, https://www.jamsadr.com/. If there is any inconsistency between any term of the JAMS Guidelines and any term of these Dispute Resolution Provisions, the applicable terms of these Dispute Resolution Provisions will control unless the arbitrator determines that the application of the inconsistent Dispute Resolution Provisions would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of these Dispute Resolution Provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. 

Unless Blueshift® and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by JAMS. If your claim is for $10,000 or less, Blueshift® agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Guidelines. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Guidelines. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS Guidelines, unless otherwise provided in these Dispute Resolution Provisions. If the arbitrator determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Blueshift® will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Blueshift® will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of these Dispute Resolution Provisions (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Dispute Resolution Provisions will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of these Dispute Resolution Provisions will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Agreement will continue to apply.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Blueshift® Offerings, and Blueshift® will have no liability or responsibility with respect thereto. Blueshift® reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Blueshift® Offerings.

General

The Agreement constitutes the entire agreement between you and Blueshift® governing your access and use of the Blueshift® Offerings, and supersedes any prior agreements between you and Blueshift® with respect to the Blueshift® Offerings. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. The failure of Blueshift® to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Blueshift® Offerings or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign the Agreement without the prior written consent of Blueshift®, but Blueshift® may assign or transfer the Agreement , in whole or in part, without restriction. The section titles in the Agreement are for convenience only and have no legal or contractual effect. As used in the Agreement , the words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation." Notices to you may be made via either email or regular mail. The Blueshift® Offerings may also provide notices to you of changes to the Agreement or other matters by displaying notices or links to notices generally on the Site, in the App and otherwise via the Blueshift® Offerings. Blueshift® will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, COVID-19 or any other similar pandemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Blueshift’s® reasonable control.

California Proposition 65 Warnings

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California lawmakers as causing cancer or reproductive toxicity. The warnings are intended to help California State consumers make informed decisions about their exposure to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment ("OEHHA") administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.

We are providing the following warning for products linked to this page:

WARNING: The BLUESHIFT® Products contain the following chemicals known to the State of California to cause cancer and birth defects or other reproductive harm: 

Bone Defense (Lead)
Calm (Lead)
Energy + Focus (Lead)
Immune Ultra (Lead)
Joint Defense (ORIGINAL) (Lead)
Joint Defense (NEW) (Lead)
Pre-Workout (Lead)

Additional Information about Proposition 65

For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings.

Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Blueshift® Offerings from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Blueshift Nutrition, Inc., 182 Summer St. #336, Kingston, MA 02364

U.S. Government Restricted Rights

The Blueshift® Offerings are made available to the U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Blueshift® Offerings (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in and to the Blueshift® Offerings (including the Software).

Questions? Concerns? Suggestions?

Please send any questions or comments regarding the Blueshift® Offerings, or any other related matter (including all inquiries unrelated to copyright infringement): (a) by mail to: Blueshift Nutrition, Inc., 182 Summer St. #336, Kingston, MA 02364; (b) by email to: hello@blueshiftnutrition.com; or (c) call us at: (877) 767-8285. Please print the Agreement for your records.