Terms & Conditions

1.
Thank you for visiting Science in Sport’s (“SIS”) website. Scienceinsport.com/us, the mobile SIS site, SIS customer support lines, including email, phone and chat are referred to herein as the “SIS Online Services.”

When you use the SIS Online Services for any purpose, including but not limited to: (i) visit/browse the SIS website; (ii) create an SIS account online; (iii) purchase SIS product(s) through the SIS Online Services, whether as an account holder or as a guest; (iv) enroll in any SIS subscription services; (v) accrue or use any SIS account benefits, including loyalty points; (v) contact SIS customer support through any available channel; and/or (vi) author a product review posted on the website, you agree to be bound by these terms and conditions of service (“Terms”).

SIS may change, modify or discontinue the SIS Online Services or any individual SIS Online Service at any time and in its sole discretion. SIS may also modify these Terms at any time with or without notice to you. If you are an account holder, you will receive email notice of material changes to account and/or subscription terms. SIS will post updated Terms on www.scienceinsport.com/us and it is your responsibility to review the Terms periodically for updates or changes.

Should any revision to these Terms be declared invalid, void, or unenforceable, then that revision will be severed from these Terms and its severance will not affect the validity and enforceability of any other revisions to the Terms. If you do not agree with any provision of these Terms, then your recourse is to stop using the SIS Online Services.

Your Privacy. We care about the privacy of our website visitors and customers. The information that we collect and the manner in which we store and use it, as well as your rights in relation to the information you provide to us, is explained in our Privacy Policy. All website visits, uses of the SIS Online Services and online purchases of products offered for sale through www.scienceinsport.com/us are subject to and governed by our Privacy Policy in addition to these Terms.

2. Use of Third Party Payment Processors.
When you purchase Products through the SIS Online Services, your payment will be securely processed by one of our third-party payment processors, Stripe or PayPal. During the checkout process, you will be required to provide, or provide access to, personal and payment information, such as your name, billing address, shipping address, and payment account details, directly to Stripe or PayPal in order to complete your transaction.

SIS does not store or maintain your personal and payment information and has no control over Stripe’s and PayPal’s collection, use, retention, and protection of your personal and payment information, and their use of your information is governed solely by their respective terms of service and privacy policies. SIS disclaims all liability arising out of or relating to payment processing, including for any acts, omissions, processing errors, unauthorized use, disclosure, or data breaches caused by, affiliated with or affecting the payment processor.

We strongly encourage you to review the terms of service and privacy policy of the applicable payment processor before submitting your payment information to it. For your convenience, you may access Stripe’s terms at: https://stripe.com/legal and privacy policy at: https://stripe.com/privacy, and PayPal’s user agreement at: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and privacy statement at: https://www.paypal.com/us/webapps/mpp/ua/privacy-full. If you have any questions or concerns about their handling of your information, please contact the relevant payment processor directly.

Conduct Prohibited on the SIS Online Services
Following conduct is prohibited when using the SIS Online Services:
• Infringing the legal rights (including, but not limited to, the rights of privacy and publicity, defaming, disgracing or libeling) of others or causing damage or harm to others;
• Using the SIS Online Services or any information contained therein for any commercial purpose;
• Using the SIS Online Services, including any SIS trademark, trade dress, copyright, or trade name, in a way that dilutes, tarnishes or otherwise harms in any way, the Science in Sport brand, including its goodwill;
• Acts that disrupt or disturb the public order;
• Any act prohibited by law, civil or criminal;
• Uploading files that contain viruses, or corrupted files that may damage the operation of SIS servers or others’ computers;
• Scraping, crawling or using any other automated process or tool such as spiders, bots, crawlers, etc. to access and/or copy the SIS Online Services;
• Using, displaying, mirroring, or framing the SIS Online Services or any individual element within the SIS Online Services, the Science in Sport name or any Science in Sport trademark, trade dress, logo, copyright, or other proprietary information, or the layout and design of any page or form contained on a page in the SIS Online Services without SIS’s the express written consent.
• Any other activities that are unlawful or prohibited by any applicable laws.
• Any other conduct, activity or use of the SIS Online Services or content that SIS, in its sole discretion, determines is harmful or inappropriate.

3. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. When you contract with SIS, you are contracting with Science in Sport Limited, a private company limited by shares incorporated in England and Wales (company number 2742833). Our headquarters is located at Unit 8A Frontier Avenue, Frontier Park, Blackburn, BB1 3AL, United Kingdom ("we", "us", "our"). In the United States, we operate through a wholly owned subsidiary, [name], registered [or incorporated, as appropriate] in the state of [state]. Our address in the United States is [fill in].

How to contact us. You can contact us via our online Help Center (see the website for contact information and hours of operation) or our Live Online Chat feature. The Live Online Chat feature, including its functionality, the software it utilizes, the information that it collects and what we do with that information is more specifically described in our Privacy Policy.

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address that you provided to us in your online account or in your Order, as appropriate. You are responsible for keeping your account information, including contact information, up to date, and we may rely on the contact and other information that you list in your account or Order.

4. ORDERS
Basis of the Agreement. These Terms and the Privacy Policy exclusively govern our relationship with you and apply to all use of the SIS Online Services, including your purchase of Products through www.scienceinsport.com. When you place an order for Products through the SIS Online Services, you are agreeing to these Terms and are purchasing Products pursuant to the express terms contained herein.

Orders. Your Order constitutes an offer by you to purchase the Products in accordance with these Terms. You are responsible for ensuring that the terms of the Order are complete and accurate.

When we accept your Order. We accept your Order when the product is shipped. Accordingly, our emailed order confirmation does not constitute acceptance of your Order, nor does it confirm our offer to sell. We can accept, limit or deny your Order at any time and for any reason, prior to shipping. If we limit, deny or otherwise modify your Order, we will attempt to contact you using the contact information you provided when you placed your Order. If we have already charged you for a canceled or limited order, then you will be refunded in full for the canceled portion of the Order.

The Order Number. We will communicate an order number to you when we take payment for your Order. Please refer to the Order number whenever you contact us about the Order.

5. OUR PRODUCTS
While we make reasonable efforts to accurately display the attributes of the products that we sell, the images of the Products on www.scienceinsport.com/us are for illustrative purposes only and are produced for the sole purpose of giving an approximate idea of the Products referred to in them. Further, we do not warrant that the Product descriptions on the SIS Online Services are accurate, complete, or error free. Prices and promotions are subject to change at any time and availability and prices are not confirmed until you place your Order. If we discover that Product attributes or prices are other than as displayed on the SIS Online Services, then we may contact you for instructions on your Order or, alternatively, cancel your Order.

6. WARRANTY AND DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO: (1) THE PURCHASE, SALE OR USE OF OUR PRODUCTS; AND (2) AND YOUR ACCESS TO OR USE OF THE SIS ONLINE SERVICES, ITS ONLINE PLATFORM, OR ANY RELATED SERVICE, EXCEPT THAT SIS EXPRESSLY WARRANTS THAT, AT THE TIME OF DELIVERY, THE PRODUCTS WILL BE FIT FOR HUMAN CONSUMPTION AND FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP.

NO ORAL OR WRITTEN INFORMATION, ADVICE, OR REPRESENTATION PROVIDED BY SIS OR ANY OF ITS AGENTS OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIS DOES NOT WARRANT THAT THE PRODUCTS OR ANY CONTENT, FEATURES, OR FUNCTIONS OF THE SIS ONLINE SERVICES OR RELATED SERVICES WILL MEET YOUR INDIVIDUAL REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULT, OR BE FREE FROM DEFECTS, CONTAMINATION, OR INTERRUPTION.

ANY DESCRIPTIONS OF THE PRODUCTS, SAMPLES, OR MODELS, INCLUDING IMAGES PROVIDED ON THE SIS ONLINE SERVICES, PROVIDED TO YOU ARE FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE A WARRANTY THAT THE PRODUCTS WILL CONFORM TO SUCH DESCRIPTIONS, SAMPLES, OR MODELS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PURCHASING THE PRODUCTS AND USING THE SIS ONLINE SERVICES “AS IS” AND “WITH ALL FAULTS,” AND YOU ASSUME ALL RISKS ASSOCIATED WITH THEIR USE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF ANY PRODUCT(S) OR YOUR ACCESS TO OR USE OF THE SIS ONLINE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SIS'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SALE OR USE OF ANY PRODUCT(S) SHALL BE LIMITED, AT SIS'S SOLE DISCRETION, TO EITHER: (A) REPLACEMENT OF THE PRODUCT(S), OR (B) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT(S), PROVIDED THAT ANY SUCH CLAIM MUST BE MADE BY YOU WITHIN ONE YEAR OF THE ORIGINAL PURCHASE DATE OF THE PRODUCT(S). AFTER THAT TIME, YOU AGREE THAT ALL CLAIMS ARE IRREVOCABLY WAIVED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. CHANGES TO OUR PRODUCTS
We may change the Products to reflect changes in relevant laws and regulatory requirements. If we need to make any other changes to the Products after you have placed an Order but before the Products ship, then we will notify you and offer a refund for any Products paid for but not received.

9. SHIPPING
Shipping options and associated costs will be displayed to you on the checkout page before you complete your purchase.

10. RETURNS
If you have any questions or complaints about the Product(s) or want to return a product, please contact Customer Service via email, phone or Chat for further information and instructions. Customer service hours are listed on www.scienceinsport.com/us.

11. SIS REWARDS PROGRAM
Accruing SIS Reward Points. SIS currently offers a rewards program that awards five (5) loyalty points for every one dollar ($1) spent on qualifying Products. Additional information about the SIS Rewards Program is set forth at www.scienceinsport.com. You are automatically enrolled in the Rewards Program when you create an online account (you must be 18 years of age or older to create an online account). Loyalty points are automatically uploaded to your SIS Rewards account within three days of shipping. One point is worth one penny to spend on Products online at scienceinsport.com. Loyalty points have no cash value and are not transferrable.

Multiple SIS Accounts. If you hold more than one SiS Rewards Account, SIS may merge them into one account in its discretion.

Terminating Rewards Points. SIS can, in its discretion, take any reasonable action it considers appropriate, including deleting or suspending an SIS Rewards account, and/or voiding accrued Loyalty Points if it has reason to believe that you are abusing the SIS Rewards Program and/or violating these Terms in any way.

Deductions for Returns. If you return a product for a refund, SIS will deduct the number of Loyalty Points you earned for that purchase from your SiS Rewards account.

Using your Loyalty Points. Loyalty Points are accrued and redeemed on purchases made on www.scienceinsport.com only. Purchases you make on other websites are subject to those websites’ rewards programs, if any. You can use some or all of your SIS Rewards points as payment or partial payment for Products as set forth on the website and herein. SIS reserves the right to substitute or remove Products and services available for SIS Reward points collection and redemption without notice.

Loyalty Points expire after twelve (12) months. If you close your Rewards Account, all unused Loyalty Points in that account are voided.

Changes to the SIS Rewards Program or Termination of Rewards Program. SIS, in its sole discretion, can cancel, withdraw, alter or modify any aspect of the SIS Rewards Program, including point vales, at any time and for any reason. You will be notified in advance of changes to or discontinuation of the SIS Rewards Program. If SIS determines, in its sole discretion, to discontinue the SIS Rewards Program, it will use its best efforts to provide you with reasonable notice of the end date so that you have an opportunity to use any accrued Loyalty Points. Loyalty Point not used by the effective date of the termination of the Rewards Program will be voided.

If SIS, in its sole discretion, changes or modifies the Rewards Program but does not terminate it, SIS will use its best efforts to provide you with reasonable notice of the changes or modification. Changes or modifications to the Rewards Program will be prospective only, meaning that the value of Rewards Points already accrued and in your account will not be affected by a change or modification to the Rewards Program. Notice pursuant to this paragraph includes, but is not limited to, placing a notice on its website. Questions about changes to the SIS Rewards Program, including the termination of the Rewards Program, if applicable, should be directed to Customer Care.

12. SUBSCRIPTION ORDERS AND AUTOMATIC RENEWAL TERMS
IF YOU PURCHASE A SUBSCRIPTION PRODUCT OR SERVICE FROM SIS (AVAILABLE SUBSCRIPTION SERVICES ARE SET FORTH BELOW), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL TERM, AND YOUR PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION PRICE (PLUS ANY APPLICABLE TAXES) AT THE TIME OF EACH RENEWAL, UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.

BY PURCHASING A SUBSCRIPTION PRODUCT, YOU AUTHORIZE SIS TO CHARGE THE PAYMENT METHOD YOU PROVIDE ON A RECURRING BASIS FOR THE RENEWAL TERM UNLESS AND UNTIL YOU CANCEL. SIS WILL PROVIDE NOTICE TO YOU (DESCRIBED MORE FULLY BELOW) BEFORE EACH RENEWAL AND PROVIDE AN OPPORTUNITY FOR YOU TO CANCEL AT THAT TIME.

CANCELLATION OF AUTOMATICALLY RENEWING SUBSCRIPTIONS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE CURRENT SUBSCRIPTION TERM TO AVOID BEING CHARGED FOR THE NEXT RENEWAL PERIOD. TO CANCEL, LOG IN TO YOUR ACCOUNT AT [INSERT ACCOUNT MANAGEMENT URL OR INSTRUCTIONS], AND CLICK THE “CANCEL” BUTTON, OR CONTACT CUSTOMER SERVICE AT [INSERT US CONTACT INFORMATION]. IF YOU CANCEL, YOUR SUBSCRIPTION WILL REMAIN ACTIVE UNTIL THE END OF THE THEN-CURRENT PAYMENT CYCLE, AND YOU WILL NOT BE CHARGED FOR FURTHER RENEWALS.

RENEWAL TERMS AND PRICING: PRICING, BILLING PERIODS, CANCELLATION TERMS, AND RENEWAL TERMS WILL BE CLEARLY DISCLOSED AT CHECKOUT AT THE TIME OF YOUR INITIAL PURCHASE AND BEFORE EACH RENEWAL. IF THE SUBSCRIPTION PRICE CHANGES, YOU WILL RECEIVE ADVANCE NOTICE OF THE CHANGE, WITH THE OPPORTUNITY TO CANCEL BEFORE THE PRICE CHANGE TAKES EFFECT.

NOTICE OF RENEWAL: SIS WILL PROVIDE YOU WITH A CLEAR AND CONSPICUOUS NOTICE DESCRIBING THE MATERIAL TERMS OF THE AUTOMATIC RENEWAL, INCLUDING CANCELLATION INSTRUCTIONS, THREE DAYS BEFORE CHARGING YOUR PAYMENT METHOD FOR EACH RENEWAL.

BY PURCHASING SUBSCRIPTION PRODUCTS THROUGH SIS ONLINE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE AUTOMATIC RENEWAL TERMS.

SETTING UP YOUR SUBSCRIPTION. Subscriptions are available for Products where the ‘subscribe and save’ toggle is present on the product page. You can set up the recurring order there by selecting how often you would like to receive the Product (1 month to 3 months). You can review and change these settings in your cart before checkout. If you set up multiple subscriptions on the same day and at the same frequency, SIS may group them into one delivery. If the orders have different shipping costs, then the cheapest shipping option selected will automatically be applied to the grouped order. Subscriptions are AUTOMATICALLY RENEWED and will continue until you cancel.

Subscription Pricing. The subscription price will be the price displayed on www.scienceinsport.com/us when you place your Order. Subscription pricing does not increase—all subsequent recurring purchases will be made at the initial subscription price. Your next billing date will be highlighted as the ‘next billing date’ in your subscription profile and upcoming subscription email sent 3 days before.

Shipping Charges for Subscription Purchases. You may choose “standard delivery” or “next day delivery” for your subscription order. The delivery method you choose will apply to all subsequent orders unless you log into your online account and change it. If you select “standard delivery,” shipping and handling charges will be applied to your first shipment but every subsequent order will ship free. If you select Next Day Delivery for your first order, shipping charges will apply.

Discounts and Loyalty Points On Subscription Orders. Any discount codes or specific promotions applied to your first order will not apply to subsequent subscription orders—subsequent recurring purchases will be billed at the price shown on www.scienceinsport.com/us at the time you initiated your subscription. You can use loyalty points for all or part of your first subscription order, but you will have to submit payment information for subsequent purchases or the subscription will fail. Loyalty Points are earned on all subscription purchases.

Payment for Subscription Orders. After your first order, your recurring order will be automatically placed at your selected interval, using the same payment method you used to set up your recurring order. A recurring order requires you to have a payment method on file. Accordingly, using loyalty points to pay for the initial order of a recurring order without providing a payment method on file for subsequent orders will cause the subscription to fail and will be treated as a single order. Similarly, selecting “buy now pay later” to create your first recurring order will cause your subscription to fail.

Renewal Reminders. You will be sent a Reminder Email 3 days before your payment method is charged for a subscription purchase. You have the following options when you receive the Reminder Email: Do nothing and receive your order as specified in the email; Edit quantity of ordered products; Skip a subscription order; Pause your subscription; Cancel your subscription altogether.

You can take any of these actions at any time before your payment method is charged by logging into your online account and modifying your subscription. You can also change your payment method in your account. Your payment method will be charged 3 days after your Subscription Reminder Email, and shipping usually occurs 1-3 days after your payment method is charged (depending on the delivery option selected on your first order).

If your payment method fails, then your order will not process and we will notify you via email that your payment method failed and that no product will ship. If your order fails for any other reason (for example the product is out of stock, if there is an internal issue or your address is not recognized), then you will receive a similar email notification alerting you to the problem. If the reason that your order fails is something under your control (i.e., expired payment method, invalid address, etc.), then you must login and update your account. If you fail to update your account, then your subscription will terminate.

Returns. Subscription Products through subscription orders may be returned in accordance with our usual returns policy.

Cancelling or Changing Your Subscription. You can make changes to your subscription at any time in your customer account online. You can cancel your subscription with us at any time through your online account. Note, however, that cancellations or modifications must be made more than one (1) day before your recurring payment otherwise your payment method will be charged and cancellations and modifications will go into effect for the next recurring cycle. A recurring payment cannot be canceled once your payment method is charged. SIS can cancel your recurring subscription order or the subscription service for any reason in its sole discretion. You will be notified through the contact method you designated in your online account if your subscription order or the subscription service is cancelled.

Alteration or Termination of Subscription Service. We reserve the right to alter, suspend or terminate the subscription service at any time and for any reason. We will use our best efforts to notify you by email of any material changes we make to the subscription terms in advance of the effective date of the change, including by updating the relevant page on www.scienceinsport.com, updating the relevant provisions of these Terms and/or providing additional notice to you by email or otherwise as we deem appropriate under the circumstances. Unless you cancel your subscription, you will remain subject to the subscription terms that are in force at the time that each subscription Product is shipped and it is your responsibility to periodically review these Terms to remain apprised of the currently effective subscription terms.

13. PRODUCT REVIEWS.
If you have purchased a Product(s) through the SIS Online Services, you may post a review of the Products you have actually purchased subject to the terms set forth in this paragraph. By submitting a product review, you represent and warrant that your review reflects your genuine experience with the Product and is based on your actual use of the Product. You may not submit reviews that are false, misleading, defamatory, obscene, or otherwise unlawful, nor may you include personal information about yourself or others (such as addresses, phone numbers, or email addresses) or information that is harmful to others in any Product review.

You represent and warrant that your review is your original work and does not infringe the intellectual property or rights of any third party. Reviews may not be submitted in exchange for compensation, incentives, or free products, unless clearly disclosed in accordance with applicable law. By posting a review, you grant SIS a non-exclusive, royalty-free license to use, display, and publish your review in connection with the SIS Online Services and marketing efforts. SIS may, but has no obligation to, moderate, edit, or remove any reviews that violate these guidelines in its sole discretion.

You may submit only one review per Product. Reviews are the opinions of individual customers and do not necessarily reflect the views of SIS. If you believe a review violates these guidelines, please report it to Customer Service. For more information on how we handle your data, please see our Privacy Policy.

14. NOTIFICATION OF COPYRIGHT INFRINGEMENT/DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that your copyrighted material may have been infringed, please provide SIS with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

SIS’S designated agent to receive notifications of claimed infringement can be reached as follows:
Mail: DMCA Agent [insert contact info]
Email: [insert email]

For additional information regarding this procedure, please reference 17 U.S.C. § 512.

15. DISPUTE RESOLUTION PROCEDURE AND MANDATORY ARBITRATION PROVISION
IF YOU RESIDE IN THE UNITED STATES YOU ARE SUBJECT TO THE BELOW DISPUTE RESOLUTION PROCEDURE. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER AND THEREFORE GOVERNS HOW CLAIMS YOU AND SIS HAVE AGAINST EACH OTHER ARE RESOLVED AND AFFECTS YOUR LEGAL RIGHTS.

Subject to applicable law, you and SIS agree that any disputes or claims between us that in any way relate to or arise out of: (1) these Terms, including but not limited to the breach, enforcement, termination or interpretation of any provision of them, including but not limited to, the Arbitration Agreement set forth below; (2) your use of or access to the SIS Online Services; and/or (3) your purchase of any Product through the SIS Online Services, including subscription services, will be resolved in accordance with the provisions set forth in this Dispute Resolution and Mandatory Arbitration section.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and SIS agree that we will notify the other Party of the nature of the dispute or claim prior to initiating arbitration proceeding, and we will attempt to negotiate an informal resolution to it first. If SIS is providing you with notice of a claim, then SIS will contact you at the email address you have provided either in your order or in your account. To the extent those email addresses are different, SIS will assume that both are valid and will use one and/or the other in its discretion, and you agree that notice to you at the email address(es) you provided constitutes valid notice.

If you are providing notice of a claim, please contact SIS by email at usa.support@scienceinsport.com Please note “Notice of Dispute” or words to that effect in the subject line and include your name, phone number, email, mailing address, and a brief description of the nature of your dispute as well as the resolution that you would like. If we are unable to resolve the claims described in the notice within 30 days after the notice is sent, and either you or SIS decides to initiate an arbitration proceeding pursuant to the below procedure, then you or SIS agrees to notify the other via email prior to initiating the arbitration. In order to initiate arbitration, a Demand for Arbitration must be filed with the American Arbitration Association (“AAA”) as set forth below. The Demand for Arbitration is a form, and the form is available on the AAA's website.

Where to File Arbitration and Applicable Law and Rules. Either you or SIS may initiate arbitration by filing a Demand for Arbitration with the American Arbitration Association (“AAA”). The Demand for Arbitration Form is available on the AAA's website (www.adr.org) and can be printed or downloaded there. You and SIS agree that the Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act, as well as the applicable arbitration and procedural rules of the AAA. (See "Arbitration procedures" below). To the extent state substantive law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of New York [will apply, without regard to its conflict of law provisions.

Scope of Agreement to Arbitrate. You and SIS each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and SIS (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes any and all disputes and/or claims that arise out of or in any way relate to your relationship with SIS, including, but not limited to: (1) your use of or access to the SIS Online Services, (2) these Terms of Service; (3) this Agreement to Arbitrate, including but not limited to its interpretation, validity, enforceability, or scope; (4) anything that arises out of or relates to any Product or service sold, offered, or purchased through the SIS Online Services; (5) anything that rises out of or relates to subscription services and/or the SIS Rewards program.

Through this Agreement to Arbitrate, and subject to the below exceptions, you and SIS intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the parties entered into this Agreement to Arbitrate. The only types of claims that are not subject to mandatory, binding arbitration are the following:
• Disputes or claims that can be brought in small claims court;
• Injunctive or other extraordinary, immediate relief necessary to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
• Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy;
• To the extent California law is deemed applicable to these Terms and this Agreement to Arbitrate, claims for “public injunctive relief” brought under California law.

The parties agree that if some claims in the Demand for Arbitration are subject to arbitration but others are not, then the arbitrable claims will proceed first and any court proceedings will be stayed pending final resolution of the arbitrable claims or issues.

Arbitration procedures. Arbitration is an informal process with the goal of cost-effective resolution. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. Accordingly, by agreeing to arbitrate disputes, you are agreeing to have disputes resolved in a forum that does not involve a judge or a jury. An arbitrator is generally empowered to award the same relief that is available in court. The arbitration proceeding will be governed by the AAA Consumer Arbitration Rules which are available on the AAA website at www.adr.org.

You and SIS agree to waive an oral evidentiary hearing for claims that do not exceed $50,000 and proceed on documentary submissions only. The AAA Consumer Arbitration Rules applicable to arbitrations based on the submission of documents only are Rules D-1-3 (available at www.adr.org). In proceedings where an oral evidentiary hearing is held, you and SIS agree that the hearing will take place virtually unless both parties agree otherwise. Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Filing Fees and Attorneys’ Fees. The party that initiates arbitration with the AAA is responsible for paying a filing fee and in some cases, a portion of additional administrative fees. The filing and other administrative fees, including which party is responsible for certain fees, are set by the AAA and its consumer arbitration fee schedule is posted on its website (the “Fee Schedule for Consumer Arbitration”). The AAA also permits parties to apply for a waiver of fees. Its Fee Waiver form and instructions for filling it out and filing it are also available for download on the AAA website, www.adr.org.

Each party will remain responsible for its own attorneys’ fees unless an applicable statute permits the prevailing party to recover its attorneys’ fees or if one party brings a claim or asserts a defense that the arbitrator finds to be frivolous and/or asserted for an improper purpose such as harassment or delay. If you win the arbitration and recover the full amount of your claim, then SIS will reimburse any filing fees you paid. Except as set forth above, each party shall bear its own attorneys’ fees, administrative fees and any other costs except as provided by law.

CLASS ACTION WAIVER. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. UNLESS THE PARTIES AGREE OTHERWISE. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF THAT THE ARBITRATOR AWARDS (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) MAY ONLY BE IN FAVOR OF THE INDIVIDUAL PARTY SEEKING THAT RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Severability. With the exception of the above Class Action Waiver, if any provision of this Agreement to Arbitrate is found to be unenforceable, that provision will be severed and all other provisions will remain in full force and effect. If the above “Class Action Waiver” or any part thereof is found to be unenforceable, then the entirety of this Agreement to Arbitrate will be nullified and all claims will proceed in court. Should that occur, all remaining terms of the Terms of Service generally will continue in full force and effect.

Updating and Amending Agreement to Arbitrate. SIS may update this Agreement to Arbitrate at any time and in its sole discretion. If you have an SIS online account or SIS otherwise has your email address on file, then SIS will notify you by email of material updates to the Agreement to Arbitrate. All updated Terms, including the Agreement to Arbitrate will also be posted on www.scienceinsport.com/us under “Terms” and will be identifiable by the “last updated” date on the upper left corner of the first page. You are responsible for periodically reviewing the SIS website to ensure that you are apprised of the current and applicable version of the Terms.

If SIS amends the Agreement to Arbitrate, the amended provision(s) will not apply to Demands for Arbitration that have already been filed with AAA as of the effective date of the amendment. The amended provisions will apply to all other disputes, claims and Demands, regardless of when the claims or dispute asserted arose or accrued. If you do not agree to amended terms, your recourse is to close your SIS account and stop purchasing SIS products. Note that closing your account does not opt you out of arbitration. If an arbitrable claim arises after you close your account, then that claim will be subject to the last version of the Agreement to Arbitrate that was in effect before you closed your account. If you previously opted-out of the Agreement to Arbitrate, you need not opt-out again; your previous opt-out will opt you out of all future versions.

Judicial forum for legal disputes not subject to arbitration. The parties agree that any claim not subject to arbitration pursuant the above provisions will be resolved exclusively by a state, federal, or small claims court located in New York City, New York. The Parties agree to submit to the personal jurisdiction of a state court located in New York. The Parties agree that the substantive law of the state of New York will apply to any such claim or dispute without regard to conflict of law provisions.

16. GENERAL
These Terms state the entire agreement between you and SIS concerning your access to and use of the SIS Online Services, including the purchase of Products through www.scienceinsport.com/us. These Terms supersede any earlier verbal or written terms or other communications between us. Headings used herein are solely for reference and do not limit the scope or intent of such section.