TERMS OF SERVICE
OVERVIEW
This website is operated by VENI.VIDI.VICI.MIAMI. LLC (DBA StallionXTR). The terms “we,” “us,” and “our” refer to StallionXTR throughout the site. StallionXTR provides you, the user, with this website, including all information, tools, and services available from this site, conditioned on your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), as well as any additional terms and conditions and policies referenced herein and/or accessible via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.
Please carefully read these Terms of Service before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any part of the site. You may not access the website or use any services if you do not agree to all of the terms and conditions of this agreement. Acceptance is expressly limited to these Terms of Service if these Terms of Service are considered an offer.
Any new features or tools added to the current store will be subject to the Terms of Service as well. The most recent version of the Terms of Service can be found on this page at any time. By posting updates and/or changes to our website, we reserve the right to update, change, or replace any part of these Terms of Service. It is your responsibility to check this page for updates on a regular basis. Your continued use or access to the website after any changes are posted constitutes acceptance of those changes.
The products and claims made about specific products on or via this site have not been evaluated by the US Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent disease. The information on this site is provided for educational purposes only and is not intended to replace advice from your physician or other healthcare professional, or any information contained on or in any product label or packaging. You should not use the information on this site to diagnose or treat any medical condition, or to prescribe any medication or other treatment. Before beginning any diet, exercise, or supplementation program, taking any medication, or if you have or suspect you may have a health problem, you should consult with a healthcare professional.
TERMS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal age of majority in your state or province of residence and have given us permission to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction by using the Service (including but not limited to copyright laws). You expressly acknowledge and accept full responsibility for complying with local laws.
You are not permitted to send any worms, viruses, or destructive code.
Any violation of the Terms will result in the immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfer.
Without our express written permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided.
The headings in this agreement are included for convenience only and have no bearing on the Terms.
INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
We are not liable if the information on this site is not accurate, complete, or up to date. The information on this website is for general information purposes only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information on this website is entirely at your own risk.
This website may contain historical information. Historical information is, by definition, out of date and is provided solely for your convenience. We reserve the right to change the contents of this site at any time, but we are under no obligation to keep any information on our site up to date. You acknowledge that it is your responsibility to keep track of changes to our website.
CHANGES TO THE SERVICE AND PRICES
Our product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time and without notice.
We will not be liable to you or any third party if the Service is modified, priced, suspended, or discontinued.
SERVICES OR PRODUCTS
Certain products or services may only be available through the website. These products or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy.
We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that the colors displayed on your computer monitor will be accurate.
We reserve the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographic region, or jurisdiction. We may exercise this right on an individual basis. We reserve the right to limit the quantity of any of our products or services. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. At any time, we reserve the right to discontinue any product. Any offer made on this site for any product or service is void where prohibited.
We make no guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve the right to reject any order placed with us. We reserve the right, at our sole discretion, to limit or cancel the number of items purchased per person, per household, or per order. Orders placed by or under the same customer account, credit card, and/or billing and/or shipping address may be subject to these restrictions. If we change or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.
For all purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can complete transactions and contact you as needed.
Please see our Returns Policy for more information.
ADDITIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input.
You acknowledge and agree that we provide such tools “as is” and “as available,” with no warranties, representations, or conditions of any kind, and without any endorsement. We accept no liability arising from or related to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the relevant third-party provider provides the tools (s).
We may also offer new services and/or features on the website in the future (including, the release of new tools and resources). These Terms of Service will apply to any new features and/or services.
LINKS TO THIRD-PARTY WEBSITES
Third-party materials may be included in certain content, products, and services available through our Service.
Third-party links on this site may take you to websites that are not associated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, nor do we warrant or accept liability or responsibility for any third-party materials, products, or services.
We are not liable for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions made through any third-party websites. Please carefully review and understand the third-policies party’s and practices before engaging in any transaction. Third-party product complaints, claims, concerns, or questions should be directed to the third-party.
COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS FROM USERS
If you send us creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us in any medium. We are and shall be under no obligation to (1) keep any comments confidential, (2) compensate for any comments, or (3) respond to any comments.
We may, but are under no obligation to, monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not infringe on any third-rights, party’s including copyright, trademark, privacy, personality, or any other personal or proprietary right.You also agree that your comments will not contain libelous or otherwise unlawful material, nor will they be abusive or obscene, nor will they contain any computer virus or other malware that could interfere with the operation of the Service or any related website. You may not use a false e-mail address, pose as someone other than yourself, or otherwise mislead us or third-party commenters as to the origin of any comments. You are solely responsible for the accuracy of any comments you make. We accept no responsibility or liability for any comments made by you or any third party.
PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the store. View our Privacy Policy at any time.
OMISSIONS, INACCURACIES, AND ERRORS
On occasion, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate (including after you have submitted your order).
Except as required by law, we make no commitment to update, amend, or clarify information in the Service or on any related website, including pricing information. There is no specific update or refresh date applied in the Service or on any related website that should be interpreted as indicating that all information in the Service or on any related website has been modified or updated.
PERMITTED APPLICATIONS
In addition to the other prohibitions stated in the Terms of Service, you are not permitted to use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; and (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicinformation; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; I to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) For violating any of the prohibited uses, we reserve the right to terminate your use of the Service or any related website.
WARRANTY EXCLUSION; LIMITATION OF LIABILITY
We make no guarantees, representations, or warranties that your use of our service will be continuous, timely, secure, or error-free.
We do not guarantee that the results obtained from using the service will be accurate or reliable.
You agree that we may discontinue the service for indefinite periods of time or cancel it at any time without prior notice to you.
You expressly agree that your use of the service, or inability to use it, is entirely at your own risk. The service and all products and services delivered to you via the service are provided ‘as is’ and ‘as available’ for your use, without any express or implied representation, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
VENI.VIDI.VICI.MIAMI.LLC (DBA StallionXTR), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such loss or damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless VENI.VIDI.VICI.MIAMI.LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference.
SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
For all purposes, the parties’ obligations and liabilities incurred prior to the termination date will survive the termination of this agreement.
These Terms of Service are in effect until either you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our website.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or we suspect that you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
We shall not be deemed to have waived any right or provision of these Terms of Service if we fail to exercise or enforce such right or provision.
These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be held against the party who drafted them.
CHANGES TO TERMS OF SERVICE
The most recent version of the Terms of Service can be found on this page at any time.
We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website for changes on a regular basis. Your continued use or access to our website or the Service after any changes to these Terms of Service are posted constitutes acceptance of those changes.
CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact us at touch@stallionxtr.com.
TERMS AND CONDITIONS OF THE SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
VENI.VIDI.VICI.MIAMI.LLC (DBA StallionXTR) (hereinafter, “We,” “Us,” or “Our”) provides a mobile messaging program (the “Program”) in which you agree to use and participate subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). You accept and agree to these terms and conditions by opting in to or participating in any of our Programs, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement applies only to the Program and is not intended to modify any other Terms and Conditions or Privacy Policies that may apply to your relationship with Us in other contexts.
User Opt In: By affirmatively opting into the Program, Users can receive SMS/MMS mobile messages. This can be done through online or application-based enrollment forms. You agree that this Agreement applies to your participation in the Program regardless of the opt-in method you used to join it. You agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in by participating in the Program, and you understand that consent is not required to make any purchase from Us. While you consent to receiving messages sent via autodialer, the preceding should not be construed to suggest or imply that any or all of Our mobile messages are sent via an automatic telephone dialing system (“ATDS” or “autodialer”). Rates for messages and data may apply. The frequency of messages varies.
To opt out of the Program, you must respond STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. You may also receive a text message confirming your decision to opt out. You understand and agree that the options listed above are the only reasonable ways to opt out. You acknowledge that our text is correct. Unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, may not be recognized and responded to by the message platform, and you agree that Inno Supps and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, such as texting words other than those listed above or verbally requesting one of our employees to remove you from our list, is not a reasonable method of opting out.
Users who opt into the Program can expect to receive messages about the marketing, promotion, payment, delivery, and sale of digital and physical products, services, and events, without limiting the scope of the Program. Checkout reminders may be included in messages.
Rates for message and data transmission may apply. You agree to receive messages from Us on a regular basis. Message frequency will vary on a daily, weekly, and monthly basis. The Program includes recurring mobile messages, and additional mobile messages may be sent on a regular basis depending on your interaction with Us.
Support Instructions: For Program support, text “HELP” to the number from which you received messages or email us at touch@stallionxtr.com. Please keep in mind that using this email address to opt out of the program is not an acceptable method. Opt-out requests must be submitted in accordance with the procedures outlined above.
MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send SMS TMs (terminating messages).
Our Warranty Disclaimer: The Program is provided “as is” and may not be available in all areas at all times or in the event that your wireless carrier makes product, software, coverage, or other changes. We will not be held liable for any delays or failures in receiving mobile messages related to this Program. Mobile message delivery is subject to effective transmission from your wireless service provider/network operator and is beyond Our control. Carriers are not responsible for missed or delayed mobile messages.
Participant Requirements: You must own a wireless device capable of two-way messaging, be a wireless service subscriber with text messaging service, and use a participating wireless carrier. Not all cellular phone service providers offer the required service to participate. For specific text messaging instructions, check your phone’s capabilities.
You may not use or interact with the Platform if you are under the age of thirteen (13) years old. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission to use or engage with the Platform. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, that you are between the ages of thirteen (13) and eighteen (18) and have the permission of your parent or legal guardian to use or engage with the Platform, or that you are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted to use and/or engage with the Platform under the Applicable Law in your jurisdiction.
You acknowledge and agree not to send any prohibited content through the Platform. The following items are prohibited:
- Any activity that is fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking;
- Profane, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Pirated software, viruses, worms, Trojan horses, or other malicious code;
- Any unlawful product, service, or promotion where such product, service, or promotion is received;
- Any content that involves or refers to personally identifiable health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is illegal under Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: If there is a disagreement, claim, or controversy between you and Us. Postscript or any other third-party service provider acting on Our behalf to transmit mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permissible under applicable law, arbitrated.
The parties agree to submit the dispute to binding arbitration in accordance with the American Arbitration Association’s (“AAA”) then-current Commercial Arbitration Rules. Except as otherwise provided herein, the arbitrator shall apply, without regard to conflict of laws rules, the substantive laws of the Federal Judicial Circuit in which Inno Supps’ principal place of business is located. Within ten (10) calendar days of receiving the arbitration demand, the parties must agree on an arbitrator with at least five years of experience in that capacity and knowledge of and experience with the subject matter of the dispute. If the parties are unable to agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator who must meet the same experience requirements. If a dispute arises, the arbitrator will decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that instead of seeking emergency injunctive relief from a court, the AAA’s rules governing Emergency Measures of Protection will apply. The arbitrator’s decision shall be final and binding, and no party shall have any rights of appeal except as provided in section 10 of the FAA. The arbitrator shall have the authority to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator may award attorneys’ fees only to the extent expressly permitted by statute or contract. The arbitrator has no authority to award punitive damages, and each party expressly waives any right to seek or recover punitive damages in connection with any dispute.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY THROUGH ARBITRATION, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Furthermore, unless both parties agree in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
Unless required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without both parties’ prior written consent, unless to protect or pursue a legal right. If any term or provision of this Section is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or render such term or provision invalid or unenforceable in any other jurisdiction. If a dispute is resolved in court rather than through arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive any cancellation or termination of your participation in any of our programs.
Florida Law: We make every effort to follow the Florida Telemarketing Act and the Florida Do Not Call Act, as they apply to Florida residents. You agree that we may assume you are a Florida resident for compliance purposes if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt-in to the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you agree not to claim to be a Florida resident if you do not meet either of these criteria, or if you do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. If you live in Florida, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including, but not limited to, response to Keywords, opt-in, help or stop requests, and shipping notifications) do not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for the purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and that nothing in this Agreement or in performing such obligations will cause you to breach any other contract or obligation. Failure of either party to exercise any right provided for herein in any way will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, it will be limited or eliminated to the extent necessary so that this Agreement remains in full force and effect and enforceable. Unless explicitly stated otherwise in writing, any new features, changes, updates, or improvements to the Program will be subject to this Agreement. We reserve the right to modify this Agreement at any time. You will be notified of any changes to this Agreement. You acknowledge that it is your responsibility to review this Agreement on a regular basis and to be aware of any changes. You accept this Agreement, as modified, by continuing to participate in the Program following any such changes.
PRIVACY POLICY
We value each individual’s right to privacy and are committed to safeguarding your information. Even if you sign our guest book or write a product review, all of your personal information, including your postal and email address, is kept strictly confidential. We do not sell, trade, or rent any of your personal information to third parties.
All sensitive information transfers between your computer and our site are encrypted using industry standard SSL technology.
We collect personally identifiable information from you when you place an order with us. We will collect and store your name, e-mail address, billing address, shipping address, and phone number if you order one of our products. Unless you specify otherwise, credit card numbers are discarded once your order is completed (or voided).
We use the information we collect to process orders, keep you updated on the status of your order, for statistical purposes, and to improve our site and its performance. Third parties will receive your personally identifiable information in order to charge your credit card and deliver your order. For example, in order to confirm payment, we must release your credit card information to the card-issuing bank and your address to the delivery service.
If you have any questions about this Privacy Policy, our practices, or your interactions with us, please contact us at touch@stallionxtr.com.
We automatically receive your computer’s internet protocol (IP) address when you browse our store in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: We may send you emails about our store, new products, and other updates with your permission.
We may send text messages about our store, new products, and other updates with your permission. Checkout Reminders are among the updates.