Privacy Policy
Last Updated Date: [4.25 ], 2025
Introduction
This Privacy Policy explains how Xtrapower Life Nutrition LLC. (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "You" and "yYour" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy and agree to the Terms of Service, which are incorporated here by reference. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Collection of Personal Information
There are several ways we may obtain information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive from third parties. This includes data that identifies you personally whether directly (i.e., your name) or indirectly (i.e., information about your online use).
A. Information You Provide
We collects information from you when you choose to share it with us. This may include when you visit a Site, log-in at a Site, request information from us, sign up for newsletters or our email list, fill out a survey, request customer support, or otherwise communicate with or contact us. The information we collect may include your biographical information (i.e., name, address, email address, telephone or mobile number, date of birth, and gender), registration information (i.e., username), geolocation information, and/or payment information.
B. Information Automatically Collected
Whenever you visit or interact with a Site, we, as well as any third-party advertising and analytics partners and/or our service providers, may use cookies, web beacons, pixel tags, SDKs, scripts, or other technologies to automatically or passively collect information about your online activity.
Please note that we automatically collect the following information about you:
Computer or Device: We may automatically collect your IP address or other unique identifier or information from the computer or device you use to access a Site, including the browser type, device type, operating system, software version, hardware model, mobile network information, and the domain name from which you accessed a Site.
Usage Information: We also may collect information about your use of a Site, including the date and time you visit a Site, the areas or pages of a Site that you visit, the amount of time you spend viewing or using a Site, the number of times you return to a Site, recordings of chat sessions (including with the involvement of bots), other click-stream or Site usage data, and other websites that you may visit.
Location: We collect general information about where traffic on a Site is coming from around the world. This is used at an aggregate level to create reports to better understand our engagement with users.
Third Party Analytic Technologies: We may use third-party analytics and tracking tools to better understand who is using a Site, how people are using a Site, how to improve the effectiveness of a Site and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. These tools may use cookies, pixel tags, or similar technology to automatically collect and store certain information. They may also combine information they collect from your interaction with a Site with information they collect from other sources.
Cookies and Other Similar Technologies: “Cookies” are text files that are placed on your browser by the websites that you visit. Cookies are used for various purposes, including to distinguish you from other users, make your site navigation more efficient, help remember your preferences, enhance your browsing experience, and improve the use and functionality of our Site and related content. They can also enable the delivery of relevant and personalized advertisements to you across the Internet. If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Sites, or that we may put on our Sites in the future. Note that browser-management tools for cookies are outside of our control and we cannot guarantee their effectiveness.
To learn more about your advertising choices relating to the collection and use of your automatically collected information, please see the “Your Privacy Choices and Rights” section below.
C. Information Collected From Other Sources
We may acquire information about you from our partners and service providers (including, for example, business partners, analytics vendors, and advertising networks). We use the information we collect from other sources to help us maintain the accuracy of the information we collect, personalize your experience with a Site, target our communications so that we can inform you of products and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.
D. Combination of Information
We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through a Site, as well as information collected offline, across other computers or devices that you may use, and from third-party sources. We use, disclose, and protect combined Personal Information as described in this Privacy Policy.
When you visit the Site, we automatically collect certain information about your device, such as your web browser, IP address, time zone, and cookies. As you browse the Site, we also collect information about the individual web pages or products you view, what websites or search terms referred you to the Site, and how you interact with the Site. We refer to this automatically collected information as "Device Information."
We collect Device Information using the following technologies:
· Cookies: Small data files stored on your device that help us recognize you and enhance your experience. Learn more about cookies and how to manage them at allaboutcookies.org.
· Log Files: Records of actions occurring on the Site, including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
· Web Beacons, Tags, and Pixels: Electronic files used to record information about how you browse the Site.
When you make a purchase or attempt to make a purchase through the Site, we collect additional information from you, including your name, billing address, shipping address, payment information,, email address, and phone number. We refer to this information as "Order Information."
In this Privacy Policy, "Personal Information" includes both Device Information and Order Information.
Use of Personal Information
We use the Order Information we collect to:
· Fulfill any orders placed through the Site, including processing your payment information, arranging for shipping, and providing you with invoices and order confirmations.
· Communicate with you.
· Detect and prevent fraud.
· Send you updates and promotions, in line with your preferences.
Device Information helps us:
· Enhance site security.
· Improve user experience.
· Analyze how visitors interact with our Site.
· Use it for targeted advertising, employing cookies and similar technologies to show you relevant ads.
You can manage your preferences for these technologies through your browser settings.
Sharing Personal Information
We may process your personal information for our legitimate business interests, which include:
· Preventing fraud and ensuring compliance.
· Supporting marketing and promotional efforts.
· Operating referral programs.
· Enhancing site security and performance.
· Analyzing data and improving our services.
· Identifying usage trends.
· Determining the effectiveness of promotional campaigns or advertising.
In connection with these activities, we may share your personal information with trusted suppliers who assist us in our data processing activities. When we process your personal information for our legitimate interests, we ensure that we consider and balance any potential impact on you (both positive and negative) and your rights under data protection laws. Our legitimate business interests do not automatically override your interests—we will not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law).
Content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for the privacy practices of other users who view and use the posted information.
We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or to otherwise protect our rights.
Behavioral Advertising
We use your Personal Information to provide you with targeted advertisements or marketing communications that we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page here.
You can opt out of targeted advertising by:
· Unsubscribing to our email communications. To unsubscribe, use the unsubscribe link found at the bottom of the email. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of these communications.
· Opting out of personalized advertising services using the links below:
FACEBOOK: https://www.facebook.com/settings/?tab=ads
GOOGLE: https://www.google.com/settings/ads/anonymous
BING: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
· Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal here.
Your Privacy Choices and Rights
You have the ability to make certain choices about how we use your Personal Information, as follows:
Third-Party Opt Outs
You may be able to opt out of receiving certain targeted or interest-based advertisements using the browser opt-out tools and consumer choice mechanisms provided by advertising industry self-regulatory groups by following the links below:
Network Advertising Alliance (NAI): https://optout.networkadvertising.org/?c=1
Digital Advertising Alliance (DAA): https://youradchoices.com/control
You also can control whether you see interest-based advertisements on your mobile device(s) in the following ways:
Your device operating system may provide mechanisms that allow you to opt in or opt out of the use of information about your use of mobile apps to deliver interest-based advertising to your mobile device. For more information, consult your device settings.
The DAA offers a tool for opting out of the collection of cross-app data on mobile devices for interest-based advertising. To exercise your choices with respect to participating companies, please download the AppChoices tool at aboutads.info/appchoices.
You will need to opt out separately on all of your browsers and devices, as each opt out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work, and you will have to opt out again.
Even if you choose to opt out of receiving interest-based advertising, you may still receive advertising, but the advertisements may be less relevant.
Some of our partners may provide you with additional choices with respect to interest-based advertising. For example, certain social media platforms allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.
If you reside in the United States, depending on your state of residency, you may have additional choices with respect to our use and disclosure of information for sale and interest-based advertising purposes.
Your Rights
Depending on your U.S. state of residence, you may have certain rights in relation to your Personal Information, including:
· Right to Know: You may have the right to know what Personal Information we have collected about you, including the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. Please note that we may not be required to respond to your requests “to know” or access specific pieces of personal information more than twice in any 12-month period.
· Right to Data Portability: You may have the right to access your information in a portable format.
· Right to Delete: You may have the right to request that we delete Personal Information that we have collected from you, subject to certain exceptions.
· Right to Correct: You may have the right to correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.
· Right to Opt Out of Certain Types of Personal Information Uses and Disclosures: We use and disclose to third parties’ Personal Information for analytics and advertising purposes. Accordingly, you may have the right to opt out of the “sale” or “sharing” of your Personal Information, or the use and disclosure of your Personal Information for “targeted advertising” (as these terms are defined in applicable law).
Please note that, where permitted under applicable law, we may decline a request if we are unable to verify your identity (or an agent’s authority to make the request) and confirm the Personal Information we maintain relates to you.
If you are interested in exercising one or more of the rights outlined above, please contact us at service@upbe.us. You must put the statement “Your Privacy Rights” in the subject field of your email. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. Submitting a privacy rights request does not require you to create an account with us. We will not discriminate against you if you decide to exercise your privacy rights
GDPR
If you are a resident of the European Economic Area (EEA), you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information provided below.
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information provided below.
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address provided below.
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
External Links
Our Site may have links to third-party services, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites. Accordingly, we recommend that you review the privacy policy posted on any external site before disclosing any personal information. Please contact those websites directly if you have any questions about their privacy policies.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Children’s Privacy
We understand the importance of protecting the privacy of children, especially in the online environment. We do not direct a Site to, nor do we knowingly collect any personal information from children under the age of sixteen. If we learn that a minor has provided personal information through a Site, we will use reasonable efforts to remove such information from our files. If you are a parent or legal guardian and think that your child has given us data, you can contact us in writing or by email as provided below under the section titled “Contact Us.” Please mark your inquiries “Children’s Privacy Information Request.”
Changes to This Policy
We may update this privacy policy from time to time to reflect changes to our practices or for other operational, legal, or regulatory reasons.
Contact Information
If you have any further questions, require additional information about our privacy practices, or wish to make a complaint after reviewing this policy, please contact us via email at [service@upbe.us] or by mail at the following address:
938 Radecki Court
City of Industry, CA 91748
You can also text us at (+1)6172905475 (text only).
TERMS OF SERVICE
Last Updated Date: [4.25], 2025
OVERVIEW
These are the terms of Service ("Terms of Service") for your use of services or features (the “Services”) on the Upbe Nutrition site, www.upbenutrition.com (the "Site"). This website is operated by Xtrapower Life Nutrition LLC. (“Xtrapower”). Throughout the Site, the terms “we”, “us” and “our” refer to Xtrapower. Xtrapower offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You may be accessing the Site from a computer or mobile phone device and these Terms of Service govern your use of our Sites and your conduct, regardless of the means of access.
By visiting our Site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the Services.
GENERAL CONDITIONS
We reserve the right to refuse Services to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services is provided, without express written permission by us.
These Terms of Service form a legally binding contract between you and us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Your continue use of the Sites after any changes or modifications posted signifies your acceptance of such alterations. Should you not agree with these changes or modifications, you must cease using the Sites immediately.
PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
The products and Services available on the Site are for personal use only. You may not sell or resell any of the products or Services you purchase or otherwise receive from Xtrapower. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms of Service. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
USE OF PRODUCTS AND SERVICES
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Xtrapower does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. You should always check the terms of use posted on third party sites.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
INTELLECTUAL PROPERTY
Xtrapower, and any other Xtrapower’s trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks or other affiliated companies of Xtrapower (collectively the “Xtrapower Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Xtrapower Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Xtrapower or the applicable trademark holder. The Services and Content (as defined herein) are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Xtrapower or the owner of the Content.
Use of any materials on the Site in connection with any product or service that is not offered by Xtrapower in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xtrapower, is also prohibited.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Site or frame any portion of the Site. You may not circumvent any mechanisms included in the Site for preventing the unauthorized reproduction or distribution of the content or materials contained on the Site.
COPYRIGHT INFRINGEMENT NOTICES
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Xtrapower’s designated copyright agent, listed below, the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): (the "DMCA"):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Xtrapower’s designated agent for claims of copyright infringement can be reached at:
Copyright Agent
c/o Legal Department
Xtrapower Life Nutrition, LLC
938 Radecki Court
City of Industry, CA 91748
E mail: [service@upbe.us]
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY]
ACCOUNTS
Certain parts of the Site may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, usernames of accounts and other information, to comply with applicable laws and lawful government requests.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and Services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Xtrapower, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Xtrapower and our owner, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of the State of California without regard to its otherwise applicable conflicts of laws rules.
ARBITRATION AGREEMENT
Most customer concerns can be resolved by reaching out to Customer Service at [service@upbe.us] In the event Customer Service is unable to resolve a complaint to your satisfaction, this Section explains how any dispute (as defined below) will be resolved.
PLEASE READ CAREFULLY. IT SIGNIFICANTLY IMPACTS YOUR LEGAL RIGHTS. Including your right to file a lawsuit in court. The following contains procedures for MANDATORY and BINDING ARBITRATION and A CLASS ACTION WAIVER.
You and Xtrapower agree to resolve any claims relating to these Terms of Service through final and binding arbitration; unless you have in any manner violated or threatened to violate Xtrapower’s intellectual property rights, this includes trademark, trade secret, copyright, or patent rights. Under such circumstances Xtrapower may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Los Angeles, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You and Xtrapower agree to engage cooperatively to try to resolve any dispute informally prior to you or Xtrapower initiating an arbitration proceeding. You or Xtrapower must first send a written notice to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by an Xtrapower representative (and our attorney if we are represented by legal counsel).
Your notice to Xtrapower must be sent to Xtrapower, Legal Department 938 Radecki Ct, City of Industry, CA 91748. Our notice to you must be sent to the most recent contact information that you have provided to us.
For a period of sixty (60) days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone/virtual settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have an Xtrapower representative personally participate in an individualized, telephone/virtual settlement conference (and if we are represented by an attorney, our attorney may also participate). If the dispute is not resolved within this sixty (60) day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.
Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.
CLASS OR CONSOLIDATED ACTION WAIVER
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this paragraph is deemed invalid or unenforceable and that neither you nor Xtrapower are entitled to arbitration, claims and disputes shall be resolved in a court located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of these courts and waive any right to a trial by jury.
This Agreement to Arbitrate will survive the termination of your relationship with Xtrapower.
JURY TRIAL WAIVER
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Xtrapower in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND XTRAPOWER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [service@upbe.us]
Xtrapower Life Nutrition LLC.
Email: service@upbe.us
Address:
938 Radecki Court
City of Industry, CA 91748
You can also text us at (+1)6172905475 (text only).