MassiveJoes.com™ reserves the right to modify or amend the Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of the Website by any person, please contact us.
ACCESS AND USE
All materials contained in the Website are protected by Australian and international trademark and copyright laws and must only be used for personal, non-commercial purposes.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Website is strictly prohibited unless you have obtained the prior written consent of MassiveJoes.com™ or unless it is expressly permitted by the Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Website. The use of materials from the Website on any other website or networked computer environment is similarly prohibited.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Website including, without limitation, fonts, icons, link buttons and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold or given away.
MassiveJoes.com™ accepts the following methods of payment for orders placed on the Website:
- Credit Card
POSTAGE AND HANDLING
MassiveJoes.com™ will not send any order until payment for that product has been received in full. MassiveJoes.com™ will endeavour to send all orders within one business day of payment being received in full.
MassiveJoes.com™ assumes no responsibility for products that are lost or broken during transit. MassiveJoes.com™ will post with insurance at the customer’s request, however the extra cost incurred as a result of such insurance must be covered by the customer. If the customer does not expressly request insurance, MassiveJoes.com™ will not take out insurance on the order.
All freight costs are inclusive of postage and handling.
MassiveJoes.com™ assumes no responsibility for any Customs restrictions, tariffs, or other regulations that may apply in countries outside of Australia. If the customer has any Customs related questions, MassiveJoes.com™ encourages the customer to speak with their country’s Customs office, although MassiveJoes.com™ will ship any products the customer orders to the address that the customer provides.
The laws are different in every country, they change often, and MassiveJoes.com™ cannot keep up with them all. The responsibility rests with the customer to check with their country’s Customs office to see if their country allows the importation of products ordered.
MassiveJoes.com™ will follow the exact directions in the customer’s order. If for whatever reason the order is seized by Customs, MassiveJoes.com™ will not issue the customer a refund unless all products are returned to MassiveJoes.com™ in their original condition (with the expense of return shipping borne by the customer).
Any duties or taxes that may apply to any international order are the responsibility of the customer.
MassiveJoes.com™ assumes no responsibility for products that are seized by international Customs authorities.
MassiveJoes.com™ will accept returns if a product is faulty or is significantly different to what is described in the item description, or if the customer has selected the wrong size (for products that have a size variation option).
If an item is to be returned it must be returned in its original, sealed package and must be unused.
Consideration for returned items will be given as a full refund of the purchase price or as a credit, at the discretion of MassiveJoes.com™. Postage and handling costs will not be refunded, except in the case where MassiveJoes.com™ has been grossly negligent.
If unsolicited submissions are sent to MassiveJoes.com™ via the Website, these submissions become the property of MassiveJoes.com™ and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as MassiveJoes.com™ sees fit. You agree to grant MassiveJoes.com™ a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against MassiveJoes.com™, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. You also waive any claim, cause of action or other recourse that you might have against MassiveJoes.com™ for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.
REVIEW OF MATERIAL SUBMITTED TO THE WEBSITE
MassiveJoes.com™ is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the Website. MassiveJoes.com™ does not and cannot monitor all information or materials posted on, submitted to or transmitted through the Website. However, MassiveJoes.com™ reserves the right to delete, block and remove any information or materials that MassiveJoes.com™, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to MassiveJoes.com™. If notified of any such information or materials on the Website MassiveJoes.com™ may determine in its sole discretion whether to remove such content from the Website.
TERMINATION OF USAGE
You agree to maintain the security of your account on the Website, including the security of your password and other confidential information relating to the use of the Website and your account on the Website. You agree to be responsible for all charges resulting from the use of your account on the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying MassiveJoes.com™.
You agree to use the Website only for lawful purposes, and that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through the Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Website or material thereon.
You agree that MassiveJoes.com™ may terminate or suspend your access to all or part of the Website, without notice, for any conduct that MassiveJoes.com™, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user, MassiveJoes.com™ or its affiliates.
LINKED WEBSITES AND ADVERTISING
If you are interested in creating hypertext links to the Website, you must contact MassiveJoes.com™ before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the website or MassiveJoes.com™, including its respective employees, agents, directors, officers and shareholders.
As MassiveJoes.com™ has provided links and/or pointers to other websites, no inference or assumption should be made and no representation should be implied that MassiveJoes.com™ is connected with, operates or controls these websites. MassiveJoes.com™ is not responsible for the content or practices of third party websites that may be linked to the Website.
DISCLAIMER OF LIABILITY AND WARRANTIES
While MassiveJoes.com™ does its best to ensure the optimal performance of the Website, you agree that you use the Website and rely on material contained in the Website at your own risk. The Website, and all materials in the Website, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that MassiveJoes.com™ does not warrant that the Website is fit for any particular purpose; that the functions contained in the materials in the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses and other harmful components or that the Website is accurate, error free or reliable. You acknowledge that MassiveJoes.com™, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that MassiveJoes.com™ is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person.
You acknowledge that MassiveJoes.com™ is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Website.
LIMITATION OF LIABILITY
MassiveJoes.com™ and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Website, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the Website, or (vii) for any other matter relating to the Website or any linked website. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between MassiveJoes.com™ and the user. The products, information and services offered on and through the Website would not be provided without such limitations. Because the laws of some countries may not allow for the exclusion of certain damages, in such countries liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of MassiveJoes.com™ and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from MassiveJoes.com™ on the Website.
You agree to indemnify, defend and hold harmless MassiveJoes.com™ and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your violation of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Website.
All products and services offered on or through the Website are provided subject to any applicable taxes and any accompanying terms and conditions.
You agree to defend, indemnify and hold harmless MassiveJoes.com™, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Website; your failure to use the Website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of South Australia, Australia, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia, for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and MassiveJoes.com™, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MassiveJoes.com™ agree that any claim or controversy at law or equity that arises out of this Agreement or our services (‘Claim’) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, it is strongly encouraged that you first contact MassiveJoes.com™ directly to seek a resolution and MassiveJoes.com™ will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
- Court. Any Claim may be adjudicated by a court of competent jurisdiction located in Adelaide, South Australia, Australia. You and MassiveJoes.com™ agree to submit to the personal jurisdiction of the courts located within Adelaide, South Australia, Australia.
- Alternative Dispute Resolution. Alternatively, MassiveJoes.com™ will consider use of other alternative forms of dispute resolution.
All Claims between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the first party to file a Claim. Should either party file an action contrary to this section, the other party may recover attorneys’ fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
You agree that this Agreement and all incorporated agreements may be automatically assigned by MassiveJoes.com™ in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
You should not use the information on the Website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such a product.
All information supplied has no warranty whatsoever. No warranty is made that any information on or linked to the Website is complete and/or accurate. All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only.
All information and statements on the Website regarding dietary supplements have not been evaluated by the Food and Drug Administration or the Therapeutic Goods Administration and are not intended to diagnose, treat, cure, or prevent any disease. For the purposes of identifying therapeutic goods and therapeutic claims, the definition of the term ‘therapeutic’ as stated in the Therapeutic Goods Act 1989(Cth) s 3(1) is;
- preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons or animals; or
- influencing, inhibiting or modifying a physiological process in persons or animals; or
- testing the susceptibility of persons or animals to a disease or ailment; or
- influencing, controlling or preventing conception in persons; or
- testing for pregnancy in persons; or
- the replacement or modification of parts of the anatomy in persons or animals.
According to this definition, MassiveJoes.com™ does not sell any therapeutic goods nor make any therapeutic claims.
In line with universally accepted legal precedence, MassiveJoes.com™ accepts no liability whatsoever for any negative or undesired effects resulting from consumption of any product that is sold by MassiveJoes.com™. All liability for such effects lies with the manufacturer, notwithstanding that the manufacturer may be governed by a legal jurisdiction outside of Australia.
MassiveJoes.com™ tries and tests each product that it sells and each product has been shown to deliver some sort of positive effect for representatives of MassiveJoes.com™. However, MassiveJoes.com™ does not guarantee that each product will deliver positive results for every consumer.
The consumer should always check with a health physician before undertaking any type of supplementation or excercise program. You should read carefully all product packaging prior to use.
The failure of MassiveJoes.com™ or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the website or this Agreement must be filed within 6 months after such claim or cause of action arose, or will be forever barred. All disclaimers and limitation of liabilities included in this Agreement are for the benefit of MassiveJoes.com™ and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
COPYRIGHTS © / TRADEMARKS (™)
© 2012 MassiveJoes.com™. All trademarks are owned by MassiveJoes.com™ and/or its suppliers & product manufacturers. All trademarks are attributed to their respective owner in our Trademark Legend. All rights are reserved. All materials (including but not limited to images and text based content) contained in the Website are protected by copyright and trademark under Australian and International law and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reasonable portions of this website may be printed out solely insofar as is necessary to order products and/or services from MassiveJoes.com™.
Any other reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein is expressly prohibited and will result in legal proceedings being taken to protect the intellectual property rights of MassiveJoes.com™ and/or its suppliers & product manufacturers
MassiveJoes.com™ will aggressively protect its intellectual property rights.