TERMS OF SERVICE

  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”), including those additional  terms and conditions and policies referenced herein and/or available by  hyperlink. These Terms of Service apply to all users of the site,  including without limitation users who are browsers, vendors, customers,  merchants, and/ or contributors of content.  

  Please read these Terms of Service carefully before accessing or using  our website. By accessing or using any part of the site, you agree to be  bound by these Terms of Service. If you do not agree to all the terms  and conditions of this agreement, then you may not access the website or  use any services. If these Terms of Service are considered an offer,  acceptance is expressly limited to these Terms of Service.  

  Any new features or tools which are added to the current store shall  also be subject to the Terms of Service. You can review the most current  version of the Terms of Service at any time on this page. We reserve  the right to update, change or replace any part of these Terms of  Service by posting updates and/or changes to our website. It is your  responsibility to check this page periodically for changes. Your  continued use of or access to the website following the posting of any  changes constitutes acceptance of those changes.  

 SECTION 1 - ONLINE STORE TERMS
By agreeing to  these Terms of Service, you represent that you are at least the age of  majority in your state or province of residence, or that you are the age  of majority in your state or province of residence and you have given  us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose  nor may you, in the use of the Service, violate any laws in your  jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.  

 SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card  information), may be transferred unencrypted and involve (a)  transmissions over various networks; and (b) changes to conform and  adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over  networks.
You agree not to reproduce, duplicate, copy, sell, resell  or exploit any portion of the Service, use of the Service, or access to  the Service or any contact on the website through which the service is  provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.  

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is  not accurate, complete or current. The material on this site is provided  for general information only and should not be relied upon or used as  the sole basis for making decisions without consulting primary, more  accurate, more complete or more timely sources of information. Any  reliance on the material on this site is at your own risk.
This  site may contain certain historical information. Historical information,  necessarily, is not current and is provided for your reference only. We  reserve the right to modify the contents of this site at any time, but  we have no obligation to update any information on our site. You agree  that it is your responsibility to monitor changes to our site.
 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service  (or any part or content thereof) without notice at any time.
We  shall not be liable to you or to any third-party for any modification,  price change, suspension or discontinuance of the Service.
 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online  through the website. These products or services may have limited  quantities and are subject to return or exchange only according to our  Return Policy.
We have made every effort to display as accurately  as possible the colors and images of our products that appear at the  store. We cannot guarantee that your computer monitor's display of any  color will be accurate.
We reserve the right, but are not  obligated, to limit the sales of our products or Services to any person,  geographic region or jurisdiction. We may exercise this right on a  case-by-case basis. We reserve the right to limit the quantities of any  products or services that we offer. All descriptions of products or  product pricing are subject to change at anytime without notice, at the  sole discretion of us. We reserve the right to discontinue any product  at any time. Any offer for any product or service made on this site is  void where prohibited.
We do not warrant that the quality of any  products, services, information, or other material purchased or obtained  by you will meet your expectations, or that any errors in the Service  will be corrected.
 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in  our sole discretion, limit or cancel quantities purchased per person,  per household or per order. These restrictions may include orders placed  by or under the same customer account, the same credit card, and/or  orders that use the same billing and/or shipping address. In the event  that we make a change to or cancel an order, we may attempt to notify  you by contacting the e‑mail and/or billing address/phone number  provided at the time the order was made. We reserve the right to limit  or prohibit orders that, in our sole judgment, appear to be placed by  dealers, resellers or distributors.
 

You agree to provide  current, complete and accurate purchase and account information for all  purchases made at our store. You agree to promptly update your account  and other information, including your email address and credit card  numbers and expiration dates, so that we can complete your transactions  and contact you as needed.
 

For more detail, please review our Returns Policy.
 

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”  and “as available” without any warranties, representations or conditions  of any kind and without any endorsement. We shall have no liability  whatsoever arising from or relating to your use of optional third-party  tools.
Any use by you of optional tools offered through the site is  entirely at your own risk and discretion and you should ensure that you  are familiar with and approve of the terms on which tools are provided  by the relevant third-party provider(s).
We may also, in the  future, offer new services and/or features through the website  (including, the release of new tools and resources). Such new features  and/or services shall also be subject to these Terms of Service.
 

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example  contest entries) or without a request from us you send creative ideas,  suggestions, proposals, plans, or other materials, whether online, by  email, by postal mail, or otherwise (collectively, 'comments'), you  agree that we may, at any time, without restriction, edit, copy,  publish, distribute, translate and otherwise use in any medium any  comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.
 

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, CLICK on Privacy Policy in our site menu bar.
 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,  you are prohibited from using the site or its content: (a) for any  unlawful purpose; (b) to solicit others to perform or participate in any  unlawful acts; (c) to violate any international, federal, provincial or  state regulations, rules, laws, or local ordinances; (d) to infringe  upon or violate our intellectual property rights or the intellectual  property rights of others; (e) to harass, abuse, insult, harm, defame,  slander, disparage, intimidate, or discriminate based on gender, sexual  orientation, religion, ethnicity, race, age, national origin, or  disability; (f) to submit false or misleading information; (g) to upload  or transmit viruses or any other type of malicious code that will or  may be used in any way that will affect the functionality or operation  of the Service or of any related website, other websites, or the  Internet; (h) to collect or track the personal information of others;  (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for  any obscene or immoral purpose; or (k) to interfere with or circumvent  the security features of the Service or any related website, other  websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no  case shall EN'S BLUE™ Supplements, our directors, officers, employees,  affiliates, agents, contractors, interns, suppliers, service providers  or licensor be liable for any injury, loss, claim, or any direct,  indirect, incidental, punitive, special, or consequential damages of any  kind, including, without limitation lost profits, lost revenue, lost  savings, loss of data, replacement costs, or any similar damages,  whether based in contract, tort (including negligence), strict liability  or otherwise, arising from your use of any of the service or any  products procured using the service, or for any other claim related in  any way to your use of the 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 use of the service or any  content (or product) posted, transmitted, or otherwise made available  via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
 

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Upper Limit™  Supplements and our parent, subsidiaries, affiliates, partners,  officers, directors, agents, contractors, licensors, service providers,  subcontractors, suppliers, interns and employees, harmless from any  claim or demand, including reasonable attorneys’ fees, made by any  third-party due to or arising out of your breach of these Terms of  Service or the documents they incorporate by reference, or your  violation of any law or the rights of a third-party.
 

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
 

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment  you fail, or we suspect that you have failed, to comply with any term  or provision of these Terms of Service, we also may terminate this  agreement at any time without notice and you will remain liable for all  amounts due up to and including the date of termination; and/or  accordingly may deny you access to our Services (or any part thereof).
 

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating  rules posted by us on this site or in respect to The Service constitutes  the entire agreement and understanding between you and us and govern  your use of the 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 construed against the drafting party.
 

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS) TERMS AND CONDITIONS

(a). When you opt-in to the service, we will send you an SMS message to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. (d). If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. (e). We are able to deliver messages to the following mobile phone carriers: Major carriers:  AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska  Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass  Cellular, Cellular One of East Central IL (ECIT), Cellular One of  Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral  Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic  Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility),  Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular,  iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man),  Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos,  Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol,  RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United  Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).  ***Carriers are not liable for delayed or undelivered messages*** (f).  As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@mensblue.com.

By responding to any marketing advertisements via SMS, you are expressly consenting to receive text messages from Men's Blue, its affiliates, and marketing partners. Your response to a marketing advertisement through text message constitutes your voluntary opt-in for SMS communications. By opting in, you agree to receive promotional messages, updates, and offers, including those related to products and services from Men's Blue and its partners. You also understand that Men's Blue may utilize AI technology to deliver and manage these SMS campaigns, and by participating, you consent to the use of AI in these communications. Message frequency may vary, and you may opt-out at any time.

If you have any questions regarding privacy, please read our privacy policy: https://mensblue.com/privacy-policy

SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@mensblue.com or call us at 833-669-BLUE (2583)