Terms of Service

Terms of Service

Last Updated: October 23, 2023

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THESE SITES OR SERVICES.

  • No judge, no jury, no class actions.

These Terms of Service (the “Terms”) are a legal contract between you and MUSCLE I.V. LLC (“Muscle I.V.“, “MUSCLE I.V.“, “we”, “us”, or “our”). We operate websites and social media pages that link here (collectively, “Sites”). All such websites, pages, and services, including MUSCLE I.V. Subscription, are collectively referred to as the “Services”). The use of the Services is subject to these Terms. By using the Services, you (“customer” or “you”) are entering into a legally binding agreement and you hereby agree to these Terms as well as any other terms, guidelines or rules (collectively, “Additional Terms”) that apply to any portion of the Services. If you do not agree to these Terms and any applicable Additional Terms, you may not use the Services and you must immediately leave and cease all use of the Services.

For purposes of these Terms, you and Muscle I.V. may each be referred to as a “party” or collectively the “parties”. If you have any questions about the Terms, please contact us at support@muscle-iv.com.

1. Basic Terms

You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you are viewing and using the website on behalf of a business or organization or Muscle I.V., you represent and warrant that you are authorized to bind your employer and Muscle I.V. to these Terms.

We reserve the right to refuse Service to anyone for any reason at any time.

By purchasing Muscle I.V., you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is purchasing for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Muscle I.V. if your child breaches or disaffirms any term or condition of this Agreement.

Disclaimer. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.

Always consult with a qualified healthcare professional prior to beginning any diet or exercise program or taking any dietary supplement. The content on our website is for informational and educational purposes only and is not intended as medical advice or to replace a relationship with a qualified healthcare professional. Before using any products offered on these websites, carefully read all labels and follow all directions and cautions that accompany the products.

2. Site Updates and Changes

We are not responsible if information made available on our Services 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 new information, features, or tools which are added to the Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. Muscle I.V. reserves the right to change, modify or otherwise alter any features of our Services at any time and for any purpose without notice. We also may modify these Terms of Service from time to time without notice to you, unless otherwise required by applicable law. It is your responsibility to review these Terms periodically. Your continued use of any of the Services shall constitute your acceptance of the revised Terms.

3. Privacy and Personal Information

Your use of the Services is subject to our Privacy Policy, which is available here: Privacy Policy. (“Privacy Policy”), and our Privacy Policy is incorporated into, and forms an integral part of, these Terms. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide Muscle I.V., and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully.

Example. Customers agree to provide accurate, current, and complete information as required for the use or purchase of the Products, Memberships, Subscriptions, etc. Muscle I.V. reserves the right to block sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Muscle I.V. uses a third party payment processing service to process orders and bill fees to your credit card.

4. Communications

When you use our Services, or send emails, text messages, or other communications from your desktop, tablet, or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages from this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Copyright, Trademarks, License and Site Access

All right, title and interest in and to the Services and any content included therein, including trademarks, images, illustrations, designs, icons, photographs, video clips, text, reviews, computer code and other materials (collectively, the “Content”) are and will remain the property of Muscle I.V. or its licensors, partners or affiliates. The Services and the Content are protected by copyright and other laws of both the United States and foreign countries. Unauthorized use of any Content or materials on the Services is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission of Muscle I.V..

Trademark Guidelines. MUSCLE I.V. and other Muscle I.V. names and logos used on these websites are owned by MUSCLE I.V. LLC. (“Muscle I.V. Trademarks”). The Muscle I.V. Trademarks are valuable assets of Muscle I.V. and any unauthorized uses of the Muscle I.V. Trademarks are strictly prohibited.

  • General. Use capitalization consistently. Muscle I.V. Trademarks must be spelled correctly. Do not abbreviate them, or combine or hyphenate the respective words in the Muscle I.V. Trademarks. Do not split the marks onto separate lines of copy. The font size of the phrases using the Muscle I.V. Trademarks should not be larger than the surrounding font, and should not appear more prominently than the name or logo of your own product or business.
  • Social Media. Do not use Muscle I.V. Trademarks as any part of your social media account name, user name, page name, or as a community name.

Permissible Uses. Proper use of the Muscle I.V. Trademarks are important. You may use the Muscle I.V. trademarks to accurately describe or refer to Muscle I.V.’s goods and services, provided you follow these Guidelines. For example, you may use the trademark MUSCLE I.V. to discuss nutritional information and guidance provided by Muscle I.V..

Goodwill Use. All uses and goodwill associated with the Muscle I.V. Trademarks will help out and benefit Muscle I.V..

Prohibited Uses. Do not use the Muscle I.V. Trademarks in a way that would mislead consumers to think that you or your products or services are somehow related to, endorsed by, or affiliated with Muscle I.V..

  • Muscle I.V., Product, Service. You may not place your name, trademarks, service marks, or product names next to (or combine them with) the Muscle I.V. Trademarks.
  • Logos. You may not use the Muscle I.V. logos, artwork, trade dress, designs or any combination of these, or any trademark including these (collectively, the “Logos”), for any purpose without prior written consent from Muscle I.V..
  • Internet Advertising Keywords. You may not use or incorporate the Muscle I.V. Trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Muscle I.V..
  • Domain Names, Meta tags, Hidden Text. You may not incorporate the Muscle I.V. Trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Muscle I.V..
  • Links. You may not use the Muscle I.V. Trademarks to direct your visitors to the Muscle I.V. homepage and products page without our written permission. You may not incorporate the Muscle I.V. Trademarks in any link to other websites unless such links are approved in advance by the Company in writing.
  • Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the Muscle I.V. Trademarks without first obtaining a written license from Muscle I.V..

Required Notices. For federally registered trademarks owned by Muscle I.V., the symbol must accompany these trademarks (e.g., MUSCLE I.V. BCAAs) and Muscle I.V. should be properly identified as the owner of these federally registered marks in a footnote.

Example. “MUSCLE I.V. is a registered trademark owned by MUSCLE I.V. LLC.”

For pending applications or common law trademarks owned by Muscle I.V., the TM or SM symbol must accompany these trademarks (e.g., MUSCLE I.V. PRE-GYM™) and Muscle I.V. should be properly identified as the owner of these trademarks in a footnote.

Example. “MUSCLE I.V.™ PRE-GYM is a mark owned by MUSCLE I.V., LLC.”

Reservation of Rights. Unless otherwise agreed to in writing, Muscle I.V. reserves the right to terminate permission to copy, reproduce, or display the Muscle I.V. Trademarks and to demand that the Muscle I.V. Trademarks cease to be used at any time, in its sole discretion. Muscle I.V. reserves the right to object to unfair uses or misuses of its Muscle I.V. Trademarks and other violations of law, as well as uses that Muscle I.V. in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these Guidelines. Muscle I.V. reserves the right to revise these Trademark Guidelines at any time, without notice.

Limited License and Site Access. Muscle I.V. gives you limited license to use the Services for personal, non-commercial use only. This license does not permit you to (a) resell or make any commercial use of the Services; (b) export or re-export, or allow the export or re-export of, the Service or products offered on the Services in violation of any U.S. Export Laws; (c) copy, steal from, gain unauthorized access, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) frame or link to the Services without permission, or post advertising or marketing links or content on the Services, except as specifically allowed by these Terms, (e) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Content not intended to be so read (example: underlying website HTML, CSS, or other code from the Site or Services except as interpreted and displayed in a web browser; (f) interrupt, interfere or harm the proper operation and working of the Site or Services; (g) use the Site or Services for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; (h) disclose personal information about another person or harass, abuse, or post objectionable material; (i) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on Content or to collect any information from the Services or any other user of the Services, (j) post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity, (k) sell, transfer, or assign any of your rights to use the Services to a third party without our express written consent, or (l) access the Services from a jurisdiction where it is illegal or unauthorized.

To inquire about obtaining authorization to use the materials or content on the Services, please contact us at info@muscle-iv.com.

6. Accounts and Registration

Some of the features on this Site may require users to create an account for Muscle-IV.com. If you wish to register on our Site, you agree to provide accurate information about yourself and to complete the registration form as required. You also agree that you will only register for no more than one account on the Site. We reserve the right to suspend or terminate your use of our Site if we discover that you have violated these Terms. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account; either with or without your knowledge. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site.

You must notify us immediately of any unauthorized use of your account or password, or any other breach of security (and within 24 hours); notify us by email at: support@muscle-iv.com. You may be held liable for losses incurred by Muscle I.V. or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. We are not responsible for any delay in shutting down your account after you have reported a breach of security to us. We also cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.

If you do not wish to create an account for Muscle-IV.com during your Site visit or at checkout, you will have the option in certain instances to checkout as a “Guest.” Guest checkout requires users to give us contact information (such as name, mailing address, payment information and e-mail address). The customer contact information you supply on the checkout form may be used to contact you concerning the status of an order, to answer your questions or as described in our Privacy Policy.

7. Terms of Sale

Products and Services. The products and services made available on these websites are intended for personal use only. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. You may not export or re-export, or allow the export or re-export of, the Service and/or products offered on the Services in violation of any U.S. Export Laws. The Subscription(s) and all rights and privileges conferred are personal and non-transferable. Muscle I.V. and its suppliers may cancel or modify purchases on these websites if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Your order is subject to cancellation by us at our sole discretion.

Other terms of service included on these Services, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice.

Pricing. The price for all items available for purchase through the Services will be displayed to you on the Site. The price that we will charge you for the Products or Subscriptions will be the price as posted on the Site on the date you purchase or when you first sign-up for a Subscription (please see “Subscriptions” below for more information) to the Site.

Muscle I.V. reserves the right to change prices for Products, Promotions, and Subscriptions without notice and at any time, and does not provide price protection or refunds in the event of promotions or price decreases. If a Subscription is selected during a promotion or with a promo code, no discount will be applied to future auto-replenishment orders.

Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Shipping dates are estimates only. All monetary transactions on the Site take place in U.S. dollars (please see “Shipping” below for more information).

Billing and Payment. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the websites may be made through a valid credit card, debit card or other payment method offered through the websites. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on these websites. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1.5%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses or fees (including but not limited to attorneys’ fees), incurred by us in collecting past due amounts from you.

We currently use Stripe and other third-party service providers to process payments related to your purchase of goods and products via our Services. Your payment information is subject to the privacy policy and terms of use of these third-party providers. We recommend you review these policies before uploading any credit card information. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.

Gift Cards. Muscle I.V. digital gift cards are non-refundable. There are no expiration dates on Muscle I.V. gift cards. Promotions and coupon codes will not work on Muscle I.V. gift cards. Muscle I.V. gift cards cannot be used to purchase more gift cards.

8. Subscriptions

We offer different subscription plans for our Muscle I.V. products and merchandise. When you enroll in our MUSCLE I.V. Subscription program (“Subscription“), you are signing up for automatic, continuous shipments of the products you choose based on the frequency you select. You may change your shipping address, and payment method by adjusting the settings in your account. Changes within 24 hours of your scheduled shipment may not apply, until your subsequent order.

Muscle I.V. reserves the right to change Subscription benefits at any time in its sole discretion subject to applicable laws. From time to time, components of the Subscription program, including price, promotions, taxes, availability, and shipping charges may change over the course of your Subscription. Products are available while supplies last.

By selecting to receive our subscription services, you agree to these terms and conditions (“Subscription Terms“) that govern our subscription ordering program. These Subscription Terms, including the Terms of Service, constitute the entire agreement between you and Muscle I.V. relating to our Subscription program. Please note that your Subscription is governed by these Subscription Terms and our Terms of Service, which are incorporated into these Subscriptions Terms, and include disclaimers of warranties, damage and remedy exclusions and limitations. By enrolling in our Subscription program, you accept such terms, conditions, limitations, and requirements. Please read these Subscription Terms carefully as well as our Privacy Policy that describes how we handle your personal information before enrolling.

Cancellation Policy. IN ORDER TO CANCEL YOUR SUBSCRIPTION, YOU MUST DO SO AT LEAST THIRTY (30) DAYS PRIOR TO YOUR NEXT BILLING DATE WHICH IS SHOWN ON THE MY ACCOUNT PAGE OR EMAIL AT SUPPORT@MUSCLE-IV.COM. ANY CANCELLATION RECEIVED WITH LESS THAN THIRTY (30) DAYS UNTIL THE NEXT BILLING DATE WILL NOT BE EFFECTIVE UNTIL THE FOLLOWING BILLING PERIOD AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

In the event you cancel your Subscription, please note that we may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Notifications, Orders, Order Changes. When you place your initial order and enroll in our Subscription program, you authorize us to send you information about the Subscription program. We will send a confirmation notice that you successfully enrolled in the Subscription and that your initial order will be processed. Your Subscription will automatically create subsequent orders according to your selected delivery schedule, until you modify or cancel your Subscription as described in these Subscription Terms.

For subsequent orders, you will receive a pre-shipment email notification reminding you of your upcoming shipment, the period available to cancel your order and the scheduled shipment date. You can edit your shipping address and method of payment prior to 11:59pm ET the day preceding your designated shipment date.

Billing and Payment. When you sign up for a Subscription, you agree to and authorize Muscle I.V. to collect an amount up to your initial Subscription order from the payment method(s) we have on file for you on a recurring basis, without notice. For clarity, Muscle I.V. will submit periodic charges based on your Subscription schedule (e.g., monthly) and may do so without further notice or authorization from you, except as otherwise stated under these Subscription Terms or required by applicable laws. Your payment method will be charged on the shipment date and you may not be entitled to a refund, if you fail to cancel your subscription following the steps mentioned above.

Products, promotions, fees, taxes, and other costs may vary from time to time. For each subsequent order, we will send a pre-shipment notification prior to charging you. The total amount you will ultimately be charged for an order will be disclosed in the pre-shipment notification or lower if the price of the product is lower on our site as of the time your order is authorized. Once your order has shipped, your payment method associated with your account will be billed this amount. You remain responsible for any uncollected amounts. If you wish to make changes to your payment method, visit your account settings to set your preferences. If all payment methods are declined, you must provide an eligible payment method promptly or your Subscription may be canceled. You authorize us to continue to charge any payment method, including updated methods, associated with your account.

Adjustments and Changes. We may, in our sole discretion, change these Subscription Terms, with or without notice to you. We will notify you electronically of material changes to these Subscription Terms as required by applicable law. If any change to these Subscription Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

EXCEPT WHERE PROHIBITED BY LAW, YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE SUBSCRIPTION TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

We may, in our sole discretion, terminate or suspend your Subscriptions at any time without notice. If we do so, you will be charged for orders that have been shipped. Products are only available for shipping within forty-eight (48) US states (No shipping to Alaska or Hawaii currently). Your participation in the Subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits or obligations to any third party without our express authorization. Subscriptions are void where prohibited. You may contact us with questions at: info@muscle-iv.com.

Discounted Subscriptions or Free Trials. From time to time, to the extent legally permitted, we may offer discounted or free trials of certain subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration.

ONCE YOUR DISCOUNTED OR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS AT THE THEN APPLICABLE PRICE FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE AS DESCRIBED ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR DISCOUNTED OR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE DISCOUNTED AND/OR TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

9. Discount Codes and Promotions

From time to time, we may offer qualified consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively, the “offer codes”) that are redeemable towards a purchase on the Services. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. Certain restrictions and exclusions may apply. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined. Customers are limited to the use of a single offer code per order. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Only valid offer codes provided or promoted by Muscle I.V. will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. In addition, offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. You may contact us with questions at: support@muscle-iv.com.

Sponsors. We may enlist spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. If you receive an offer code through one of these third-party sources, please note that such individuals may have been compensated by us for their statements.

10. Rewards Programs and Financial Incentives

We may collect and use personal information to offer you financial incentives, or price or service differences, such as discounts, benefits, or other unique rewards for the disclosure of such personal information (e.g., refer-a-friend program, email marketing, etc.). If you consent to participate in these offerings, you may withdraw that consent at any time by contacting us. In accordance to certain data protection laws, such as the California Consumer Privacy Act, you may be entitled to be informed as to why our financial incentives, or price or service differences, are permitted under the law, including (a) a good-faith estimate of the value of the personal information that forms the basis for offering the financial incentive or price or service difference, and (b) a description of the method we used to calculate the value of your personal information. Generally, we do not assign monetary or other value to any personal information we collect. However, in the event we are required by law to assign such value in the context of our financial incentives, or price or service differences, we have valued the personal information collected and used as being equal to the value of the discount or financial incentive provided, and the calculation of the value is based upon a practical and good-faith effort often involving the: categories of personal information collected (e.g., names, email addresses), the transferability of such personal information, the discounted price offered, the volume of consumers enrolled in our marketing programs, and the product or service to which the financial incentive, or price or service difference, applies. The disclosure of the value and calculation described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.

11. Warranties, Returns, Refunds

Warranty. Regarding any of our Services, including products or goods purchased via the Services, we expressly disclaim all warranties, express or implied, including the warranty of merchantability and fitness for a particular purpose, to the maximum extent permitted by law.

Returns and Refunds. We believe in our brand and products. If you’re not 100% satisfied, contact: info@muscle-iv.com, to initiate the refund process. Your feedback is important and gladly welcomed. Our goal is to make your customer experience better in the future!

Returns are only permitted on the orders made through your account or through another account owned, controlled or operated by you. Returns must be submitted within 30 days of your package being received by you and must be sent to us within 30 days of your return label being generated and sent to you. We do not accept the return of any product or good that is not purchased via the Services.

Title. Risk of loss and title for any items purchased via our Services pass to you upon delivery of such items to the carrier. You are responsible for sales and other taxes associated with all orders. Title to all intellectual property rights will remain with the applicable licensor(s). You are responsible for filing any claims with carriers for damaged or lost shipments.

Shipping. Initial shipping charges are non-refundable. Shipping fees for returns and exchanges are the responsibility of the customer.

Your order will typically arrive within 3-7 business days of shipment or unless otherwise stated. Please note the estimated delivery date on your order confirmation page or updated delivery dates in email notifications and any dates quoted for delivery of the products are approximate only and Delivery Times may vary, especially during peak periods.

Muscle I.V. offers a variety of shipping methods and the shipping cost is calculated based on the shipping destination, shipping option chosen, and the weight of the products you order among other factors. Shipping costs will be calculated at checkout or prior to shipment.

We do not ship internationally, to P.O. Boxes, or FPOS.

When you place an order for an item through the Services, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. You are solely responsible for any damages or losses associated if you fail to maintain a current or accurate Shipping Address.

12. User Submitted Materials

Creator Content. If you send us feedback, creative ideas, suggestions, inventions, other information or materials (collectively, the “Creator Content”), we will (a) own, exclusively, all now known or later discovered rights to the Creator Content; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creator Content; and (c) be entitled to unrestricted use of the Creator Content for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. This includes submissions made on our social media pages or partner pages.

Reviews. From time to time, we may allow you to post reviews, ratings, comments, photos, or similar materials on the Services (collectively, “Reviews”). You agree that any Reviews you submit must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material. By posting a Review on the Services or submitting one to us in any way, you hereby grant us an unrestricted, assignable, sub-licensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit your Review, for any purpose whatsoever, including promotion of Muscle I.V., our products or Services and grant us a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you provide in the same manner. By posting or submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature. You represent, warrant, and covenant that (a) you either are the sole and exclusive owner of the Review that you post to the Services, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your Review as contemplated under these Terms, and (b) the Review you submit does not (1) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (2) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on non-consensual recording, or otherwise), or (3) require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

No Objectionable Content. You agree not to submit Reviews or upload any material that: (a) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred; or (b) introduces viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code to the Services.

You must not attempt to gain unauthorized access to the Services, the server on which the Services is stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

Muscle I.V. will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services, or your downloading any material posted on the Services, or any third-party website linked to the Services.

Monitoring. We have no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify from the Site such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display or post any Reviews on our Site, including your Review. Subject to our Privacy Policy, we reserve the right to disclose, at any time and from time to time, any information or posted in a Review that we deem necessary or appropriate, including without limitation to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request.

13. DMCA

The Digital Millennium Copyright Act of 1998. We respect the intellectual property rights of others. If you believe in good faith that materials posted on the Services infringe your copyright, please notify us. Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. 512) (the “DMCA“). All notices must be sent to Muscle I.V., ATTN: Legal, 6642 Virtuoso CT, Las Vegas, NV, 89139 or email: info@muscle-iv.com. Once we have received the DMCA-compliant notice, we will respond and proceed in accordance with the DMCA.

Muscle I.V. reserves the right, in its sole discretion, to terminate the account or access of any user of these websites who is the subject of repeated DMCA or other infringement notifications.

14. Other Sites

The Services may include links to third-party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

Certain content, products, and services available via our Services may include materials from third parties. Third party links on the Services 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.

15. SMS Alert and Notification Program

Muscle I.V. may offer users the ability to subscribe to SMS Alert and Notification Program (“Mobile Program“. The Mobile Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the Mobile Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Mobile Program, you agree that these Terms apply to your participation in the Mobile Program. By participating in the Mobile Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Muscle I.V.. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

If you wish to unsubscribe from our text message services and notifications, reply with STOP, CANCEL, QUIT, UNSUBSCRIBE, or END to any text message sent from us or on our behalf or use the unsubscribe link we provided you with in any of our text messages sent through these services. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description. Without limiting the scope of the Mobile Program, individuals that opt into the Mobile Program can expect to receive messages concerning the marketing and sale of personal care products or other products, goods, or services from Muscle I.V.. Messages may include checkout reminders.

Cost and Frequency. Message and data rates may apply. The Mobile Program involves recurring mobile messages, message frequency will vary, and additional mobile messages may be sent periodically based on your interaction with Muscle I.V..

Support Instructions. For Mobile Program support, text “HELP” to the number you received messages from or email us at support@muscle-iv.com. Please note that the use of this email address is not an acceptable method of opting out of the Mobile Program. Opt outs must be submitted in accordance with the opt out procedures set forth above.

MMS Disclosure. The Mobile Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty. The Mobile Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Mobile Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements. You represent that you are the account holder for the telephone number(s) that you provide. You are responsible for notifying Muscle I.V. immediately if you change the telephone number that you provided. You may notify Muscle I.V. of a number change by emailing us at support@muscle-iv.com. You agree to indemnify Muscle I.V., its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, “Indemnified Entities“) for any claims, expenses, or damages to the extent caused by your failure to notify Muscle I.V. if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Muscle I.V. may suspend or terminate your receipt of text messages at any time. Muscle I.V. reserves the right to modify or discontinue, temporarily or permanently, all or any part of Muscle I.V.’s text message services, with or without notice.

Age Restriction. You may not participate in the Mobile Program if you are under sixteen (16) years of age. If you use or participate in the Mobile Program and are between the ages of sixteen (16) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Mobile Program, you acknowledge and agree that: (i) you are over 16 years of age; and (ii) if you are between 16 and 18 years of age you have the express permission of your parent or guardian who has accepted the Agreement on your behalf.

Privacy. For the avoidance of doubt, your participation in the Mobile Program (and in all of the Services) is subject to our Privacy Policy.

16. Conflict Resolution

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@muscle-iv.com.

For all Disputes, whether pursued in court or arbitration, you must first give Muscle I.V. an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Muscle I.V. at info@muscle-iv.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If any of the Muscle I.V. parties do not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

You hereby (i) agree that any action at law or in equity arising out of or relating to these Terms or our Privacy Policy, including without limitation, your use of the Services (including the Subscription and Mobile Program), or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability to arbitrate such dispute, claim, or controversy, shall be filed only in the state or federal courts of Las Vegas, NV, and (ii) consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms or our Privacy Policy may be brought by either party more than one year after the cause of action has occurred. AT THE SOLE DISCRETION OF Muscle I.V., WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OR OUR PRIVACY POLICY, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) APPLYING NEVADA LAW, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration. The parties agree that the arbitrator shall NOT have the authority to award attorneys’ fees, unless otherwise expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

17. Disclaimers

We do not represent or guarantee the truthfulness, accuracy, or reliability of materials or content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Services you accept the risk that you might be exposed to materials and content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any Content or the Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Your use of the Services is at your own risk. We make no promises and disclaim all liability of specific results from the use of the Services.

18. Waivers and Limitation of Liability

Released Parties Defined. The term “Released Parties” means Muscle I.V. and its parent company, affiliates, and subsidiaries, and any and all officers, employees, agents, partners, and licensors related thereto.

WAIVER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, GOOD, OR SERVICES LISTED ON THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, GOODS, OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED TEN DOLLARS ($10.00 USD).

19. Indemnity

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Released Parties from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (i) your failure to comply with the Terms; (ii) your failure to comply with your obligations related to the Program, including without limitation, any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder; (iii) your use of or reliance on any third-party content, (iv) your use of or reliance on any Content, and (v) any other activity in which you engage on or through the Services.

  1. Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Muscle I.V. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Muscle I.V. shall promptly issue a credit to your credit card or debit card account in the amount of the charge.

21. Termination

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Services, and to block or prevent future access to and use of the Services for any reason or no reason. Upon termination, these Terms will still apply.

22. Waiver

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by you shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

23. Severability

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

24. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.