TASTY GAINS TERMS OF SALE

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION

REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,

LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ

IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS

TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS,

UNLESS YOU OPT OUT. 

BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND

BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU

(A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT

LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT

WITH TASTY GAINS LLC OR (C) ARE PROHIBITED FROM ACCESSING OR

USING THIS WEBSITE OR ANY OF THIS WEBSITES CONTENTS, GOODS OR

SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through the Tasty Gains website (the “Site”). These Terms are subject to change by Tasty Gains LLC (referred to as “Tasty Gains” “us” “we” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Tasty Gains and you will not take place unless and until you have received your order confirmation email.

3. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Subscription Renewals. You will automatically be charged on a monthly basis for your ongoing subscription, with each recurring charge occurring on the same calendar date each month as your initial purchase date (for example, if you purchased on March 24th, you will be billed on April 24th, May 24th, and so on). To cancel, you must log in and cancel the subscription before your next scheduled billing date. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER MONTH. All cancellation requests received after your scheduled billing date will apply to the following subscription period. We may refuse to renew any subscription in our sole discretion.

5. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6. Returns and Refunds. For unopened products, we will accept returns and process a refund after we receive and verify the product is unopened. For opened or used products, we do not accept returns but may still issue a refund or send a replacement product to resolve any issues at our discretion. To request a refund, you must email tastygainsteam@gmail.com within 30 days of placing your order. However, to prevent abuse of this policy, we reserve the right to refuse a refund request from any customer who has exhibited a pattern of repetitive refunds. We define a “pattern of repetitive refunds” as requesting more than two refunds within a 12-month period. Refunds are processed within approximately 15 business days after our verification of any returned product or our decision to issue a refund without requiring a return, but we do not guarantee that refunds will be processed within this time period. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

7. Disclaimer of Warranties.

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE

STATE OF NEW JERSEY, THE WEBSITES AND THE PRODUCTS ARE PROVIDED ON

AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SET FORTH

OTHERWISE. EXCEPT AS SPECIFICALLY PROVIDED, TO THE FULLEST EXTENT

PERMISSIBLE PURSUANT TO APPLICABLE LAW, TASTY GAINS EXPRESSLY

DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8. Limitation of Liability.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, SUCH AS

NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO

CIRCUMSTANCES WILL TASTY GAINS, ITS OFFICERS, EMPLOYEES, DIRECTORS,

SERVICES PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES

(COLLECTIVELY, “TASTY GAINS PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT

LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF

GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER

INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES

REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY

THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT

(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING

FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITES; (2) THE USE OF,

OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITES; OR (3) THE

COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL

TASTY GAINS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR

CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TASTY GAINS IN THE

LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE

OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT

APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A

USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED

“DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE

INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH

JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID

UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION

WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE

APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS

WEBSITES, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USE OF THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, the limitations in this Section do not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.

9. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You agree to comply with all applicable laws and regulations of any state and of the United States with respect to these products or services.

10. Privacy. Our Privacy Policy, https://tastygains.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Binding Arbitration. You and Tasty Gains agree that, except for i) claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms or your relationship to Tasty Gains as a customer, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

(b) WAIVER OF CLASS ACTIONS. YOU AND TASTY GAINS AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or us from participating in a class-wide settlement of claims.

Notwithstanding the foregoing, an arbitrator may consolidate more than one person’s claims if Tasty Gains provides consent to such consolidation in writing. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

(c) Conduct of Arbitration; Governing Rules; Informal Resolution. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration

Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide. As stated in Section 12, Arizona law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide written notice of the potential claim to the opposing party setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Such written notice shall be provided on an individualized basis. Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 60 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Tasty Gains, write to tastygainsteam@gmail.com or 6861 E Main St, Mesa, AZ 85207.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. 

Unless you and Tasty Gains agree otherwise in writing, any hearings for the arbitration will take place (i) in a location to be determined in accordance with the AAA Rules that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Maricopa in the State of Arizona. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

(d) Mass Arbitrations. To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to AAA against Tasty Gains (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch (to the extent there are fewer than 10 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and Tasty Gains so agree); (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Tasty Gains and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180 days, failing which any of the claimants or Tasty Gains may cease arbitration and file in a court of competent jurisdiction. 

Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted. You agree to cooperate in good faith with Tasty Gains and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. Unless Tasty Gains otherwise consents in writing, Tasty Gains does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 13(d). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to this Section 13 insofar as it applies to a Mass Filing. If the batching provision in this Section 13(d) or the engagement of a mediator in Section 13(e) is found to be invalid, unenforceable or illegal, then the entirety of this Section 13 shall be null and void, and neither you nor Tasty Gains shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(e) Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA, with Tasty Gains and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Tasty Gains, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Tasty Gains or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Tasty Gains nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(f) 30-day right to opt out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to arbitration-opt-out@tastygains.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT OUT” and your first and last name and email address associated with your account and stating your intent to opt-out. The notice must be sent within thirty (30) days of

(a) the effective date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Tasty Gains also will not be bound by them.

(g) Changes to this Section. If we make any material changes to this Section 13, you may reject any such change by sending us written notice within 30 days of the change to the contact information set forth in Section 13(c). It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of this Section after such first 30 days, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.

(h) Survival. This Section shall survive any termination of the Terms or of your use of the Services. This Arbitration Agreement will continue to apply even if you or we close your Tasty Gains account.

(i) Federal and State Courts in Arizona. Except to the extent that arbitration is required, and except as to the enforcement of any arbitration decision or award or with respect to excluded claims set forth in Section 13(a), any action or proceeding may only be instituted in state court in Maricopa County, Arizona or the federal court nearest to Maricopa County, Arizona. Accordingly, you and Tasty Gains consent to the exclusive personal jurisdiction and venue of such courts for such matters.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tasty Gains.

16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to 6861 E Main St, Mesa, AZ 85207. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Entire Agreement. Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms