Terms & Conditions

Terms & Conditions

This website (https://impactgummies.com “Site”) is owned and operated by MedTech Global
Product (“Impact,” the “Brand”, “we,” “us,” “our”) and all subsidiaries, parent entities, divisions,
departments and affiliates of MedTech Global Product and Impact brand (collectively, “MedTech
Global Product and Impact,” “we,” “us” or “our”). If you do not agree to these Terms and
Conditions (“Terms”), our Privacy Policy, or other notices referenced in these Terms, please do
not use our Site, Products or the Services as your use is conditioned on your acceptance of them.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION.
BY AGREEING TO THESE TERMS, YOU ACCEPT THAT YOU MUST RESOLVE ANY
CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS
IN ARBITRATION, AS DESCRIBED IN MORE DETAIL BELOW IN THE DISPUTE
RESOLUTION SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS,
COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO
WILL PRECLUDE YOU FROM PARTICIPATING IN, OR RECOVERING RELIEF UNDER,
ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION
BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.

1. Scope. These Terms apply to all users of the Site (“you”), including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The Terms govern the Site and all information, tools, products and services (collectively,
the “Services”) to the extent not covered by a more specific agreement signed by the
parties.

Please read these Terms carefully before accessing or using the Services. By accessing or using
any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms,
then you may not access the website or use any Services. If the Terms are considered an offer,
acceptance is expressly limited to these Terms.

1. Purchases, Returns and Exchanges. We use an online e-commerce store, hosted by
Amazon, to sell our products (the “Products”). Our Products are subject to return or
exchange only in accordance with our Return Policy. In general, we accept returns for a
limited period of time following a purchase, and your sole remedy if you are dissatisfied
with a product that you have purchased through the Services will be to return the unused
portion of the product for a refund. After the return period has expired, all sales are final,
and we will not accept returns or issue refunds. We may limit the sales of our Products to
any person, geographic region or jurisdiction, and limit the quantities of any Products that
we offer. We will exercise this right in our sole discretion on a case-by-case basis. All
Product descriptions and pricing are subject to change at any time without notice, in our
sole discretion. We reserve the right to discontinue any Product at any time or refuse their

sale at any time for any reason. We may terminate the sale of Products for violation of
these Terms.

We shall not be liable to you or to any third party for any modification, price change, suspension
or discontinuance of any Product or Service. An offer for any Product or Service made on this
Site is void where prohibited.

In offering product descriptions on the Services, we attempt to be accurate, but we do not
warrant that any product description is accurate, complete, or error-free, nor do we represent that
any Product will diagnose, treat, cure, or prevent any disease. If you receive a product and
believe that it materially differs from the product description, your sole remedy will be to return
the product to us for a refund in conformance with the return policy listed on the Services.
Likewise, we attempt to list the current price for each product that we sell, but a small number of
products may be mispriced. In these cases, we will notify you before shipping the product of the
corrected price and will either cancel your order or give you an opportunity to cancel your order
or decide to keep your order.

To purchase any Products or services through the Services, you must: (a) be at least eighteen
years of age, (b) provide us with current, complete and valid payment information associated
with a credit card or other payment method that you are authorized to use, and (c) authorize us to
charge your credit card or other payment method for the price of the Products or Services that
you request, together with any taxes, fees, or shipping charges described on the Services.
You also agree to promptly update your account and other information, including your email
address and credit card or other payment method and associated expiration dates, so that we can
complete your transactions and contact you as needed.

1. Personal Use Only. All orders of our Products must be for personal use only. The resale
of our Products by or through any third-party owned or operated websites, online auction,
third-party online marketplace, store, or digital platform (including but not limited to
Amazon, Etsy, Shopify, eBay, Alibaba, or other similar sites) is strictly prohibited. We
reserve the right to reject or cancel any order, including but not limited to orders that, in
our sole judgment, appear to be placed by dealers, resellers, or distributors, and if we
have reason to believe that your order is not for personal use.

2. No Professional or Medical Advice. The Services do not provide medical advice,
diagnosis, or treatment, and the information included in the Services is offered for
informational purposes only. Some portions of the Services may allow you to submit
questions either to us or to third parties who have agreed to communicate with our users.
Although we provide information about our Products through the Services, neither our
employees nor these third parties are authorized to provide medical or other professional
advice through the Services. We also have not confirmed the qualifications of any third

party who provides information through the Services, even if that third party lists his or
her qualifications. As a result, you should never use the information you obtain on the
Services for diagnosis or treatment of any health problem or in place of any medication
or other treatment prescribed by a physician or other healthcare provider.

Please consult with your physician or other healthcare provider if you have health-related
questions before using any of our products or relying on any information you obtain on the
Services. You should discuss any medications or nutritional supplements you are using with a
healthcare provider before using any new medications or supplements.

The statements on the Services have not been evaluated by the Food and Drug Administration.
Our products are not intended to diagnose, treat, cure, or prevent any disease.

1. Prohibited Uses. You are prohibited from using the Site or its content (a) for any unlawful
or unauthorized 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 worms, viruses or any other type of destructive or
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 our Products, the Services or
any related website for violating any of the prohibited uses.

2. Registration and Access Restrictions. You may be required to register for an account with
us in order to use certain features of the Services. If you elect to take advantage of such
features, you must register through the Services by completing the applicable registration
form to create your account with a unique username and password. The decision to
provide this information is purely optional; however, if you elect not to provide such
information, you may not be able to access certain content or participate in certain
features of the Services. You agree to (a) provide true, accurate, current, and complete
information about yourself when we request it; (b) maintain and promptly update this
information to keep it true, accurate, current, and complete to the extent the Services
permit such updates; (c) use limited-access portions of the Services only using access
credentials that we have issued to you; and (d) exit your account at the end of each
session in which you have logged in to the Services.

​

You must maintain the confidentiality of any access credentials that we issue to you and may not
share them with any other person. You must notify us immediately of any unauthorized use of
your credentials or any other breach of security. Even if you notify us, you will be responsible
for any activities that occur using your access credentials, including any charges resulting from
the use of your account.

When you sign up for or use our products and services, you may give us permission to access
your information in other services. For example, you may link your Facebook account, which
allows us to obtain information from those accounts (like your full name and email). The
information we get from those services often depends on your settings or their privacy policies.

1. Intellectual Property Rights. You agree to respect Impact’s intellectual property rights,
including the following:

1. Software. You agree not to copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, or otherwise transfer any rights in any Impact software. Any
rights not expressly granted in these Terms are reserved by Impact.

1. Name and Logos. The Impact name and logos are trademarks and service marks
of Impact (collectively the "Impact Trademarks"). Other company, product, and
service names and logos used and displayed via the Services may be trademarks
or service marks of their respective owners who may or may not endorse or be
affiliated with or connected to Impact. Nothing in these Terms should be
construed as granting, by implication, estoppel, or otherwise, any license or right
to use any of Impact Trademarks or third party Trademarks displayed on the
Services, without our, or such third party's as applicable, prior written permission
in each instance. All goodwill generated from the use of Impact Trademarks will
inure to Impact's exclusive benefit.

1. Material on the Site. Except where noted otherwise, all material on the Site and
any variations of it is copyrighted by Impact or one of its member firms. No part
of the materials on the website, including but not limited to the text, graphics and
html code, may be reproduced or transmitted in any form, or by any means
without our written permission or, in respect of local content on an individual
country site, the written permission of the relevant member firm.

​

1. Third-Party Material. The Services may include or incorporate third-party
material. These third parties are not under Impact's control. Under no
circumstances, to the fullest extent permitted by law, will Impact, its directors,
officers, employees, affiliates, and assigns be liable in any way for any materials
of any third parties, including, but not limited to, for any errors or omissions in
any material, or any loss or damage of any kind incurred as a result of the use,
reproduction, distribution, performance, or display of any third-party material on
or through the Services. You must evaluate, and bear all risks associated with the
use of any third-party material, including any reliance on the accuracy,
completeness, or usefulness of such material.

1. Digital Millennium Copyright Act Notice. Impact respects the intellectual property rights
of others and you are expected to do the same. We will investigate reports of alleged
infringement and will take appropriate action to remove or disable access to any material
found likely to be infringing. If you believe our Intellectual Property, Products, Services
(or any portion of them) infringes your copyright, please provide a physical or electronic
signature of the person authorized to act on behalf of the owner of an exclusive copyright
that has allegedly been infringed; a description of the copyrighted work that you believe
has been infringed; the location of this allegedly infringing material; your address,
telephone number and email address and any other pertinent information sufficient to
allow Impact to contact you; a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and a
statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or are authorized to act on the
copyright owner’s behalf. Notices of claimed copyright infringement should be directed
to Impact: Impact Nutrition Inc. Attn: Legal Department; Notice of Infringement
204-8430 Santa Monica Blvd, West Hollywood, CA 90069 or by email to
info@impactgummies.com (with “notice of infringement” in the subject line).

1. Submissions. You are solely responsible for all creative ideas, reviews, testimonials,
photographs, videos, images, information, data, text, software, music, sound, graphics,
messages, suggestions, proposals, plans or other materials ("Submissions") that you
upload, post, publish or display, whether publicly or privately transmitted, by email,
postal mail or otherwise via the Site and Services. Submissions also include anything
provided by you through third-party services such as your social media account (e.g.,
Facebook, Instagram, Twitter, etc.) if such Submissions mention, tag or otherwise interact
with Impact, the Site, Services or any of our brands, products or services. We take no
responsibility and assume no liability for any Submissions or comments posted by you or
any third party.

​

When you provide Submissions, you grant us a non-exclusive, royalty-free, worldwide, fully
paid up, perpetual, irrevocable and fully sublicensable and transferable (in whole or in part)
license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and
other intellectual property rights you own or control to copy, upload, use, reproduce, transmit,
modify, store, index, adapt, publish, translate, create derivative works from, distribute, display
and otherwise exploit such content throughout the world in any media, whether now known or
hereafter invented, including for any and all purposes, including commercial or marketing
purposes, all without further notice to you, with or without attribution, and without the
requirement of any permission from or payment to you or any other person or entity. Except as
prohibited by law, you hereby waive, and you agree to waive, any moral rights (including
attribution and integrity) that you may have in any Submissions, even if it is altered or changed
in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to
exercise such rights (if any) in a manner that interferes with any exercise of the rights granted by
you. By providing Submissions through the Services, you represent, warrant and covenant that
you own those Submissions or otherwise have the right to grant to us the rights described in this
section.

We do not guarantee that Submissions will be private, even if the Submission is in a
password-protected area. You should not provide Submissions that you want protected from
disclosure. We may monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, sexually explicit, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms. However, we will have
no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of,
Submissions, and you agree that neither we nor our employees or agents will be liable for
Submissions or any loss or damage to you and any other person or entity resulting from
Submissions.

You agree that your Submissions: will be accurate and will comply with these Terms; will not
include medical or other professional advice; will be original with you or you have all necessary
rights from third parties in order to post the Submissions on our Services, without the need for
any permission from or payment to any other person or entity to exploit, and to authorize us to
exploit, such Submissions in all manners contemplated by these Terms; will not cause injury to
any person or entity, including as used by us in accordance with these Terms; will not be false,
fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal or otherwise objectionable; will be respectful of others’ opinions
so we can continue to offer interactive features for everyone to enjoy; will not constitute or
encourage violence or a criminal offense, violate the rights of any party, including intellectual
property rights, or otherwise give rise to liability or violate any law; will not impersonate any
other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading,
or that misrepresents your identity or affiliation with a person or company; will not include other
people's personal information, such as another person's address, phone number, e-mail address,

social security number, credit card number, medical information, financial information, or any
other information that may be used to track, contact, or impersonate that individual; will not
contain software viruses, Trojan horses, spyware or any other technologies or malicious code that
could impact the operation of the Services or any computer or device used to access the Internet
or political campaigning, chain letters, mass mailings, or any form of "spam"; will not contain
advertise or promote a product or service or include advertising or other commercial material,
except with our prior written consent; and will not violate applicable local, state, federal, and
international laws or regulations.

We specifically disclaim any and all liability in connection with any Submissions posted by you
or any other users. We reserve the right but have no obligation, to monitor or become involved in
disputes between you and other users. Exercise common sense and your best judgment in your
interactions with others (e.g., when you submit any personal or other information) and in all of
your other online activities. If you discover any content that violates these Terms, then you may
report it to: info@impactgummies.com.

1. Disclaimer of Warranties. You agree to the following disclaimer:

USE OF ANY PORTION OF THE PRODUCTS AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMPACT GUMMIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

IMPACT GUMMIES MAKES NO WARRANTY THAT THE PRODUCTS, SERVICES OR ANY PORTION OF THE PRODUCTS OR SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS OR SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) WILL PROVIDE ACCURATE OR RELIABLE RESULTS, (D) WILL MEET YOUR EXPECTATIONS OR (E) THAT IMPACT GUMMIES WILL ADDRESS YOUR CONCERNS TO YOUR SATISFACTION.

THE EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Limitation of Liability. You agree to the following limitation of liability:

IMPACT GUMMIES AND ITS affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees SHALL NOT BE RESPONSIBLE FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES, OR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR DATA, REPLACEMENT COSTS, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) whether based in contract, tort (including negligence), strict liability or otherwise THAT MAY RESULT FROM THE PRODUCTS OR SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Indemnification. You agree to indemnify, defend and hold harmless Impact and its 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 acts, omissions, breach of these Terms (including any documents incorporated by reference) or your violation of any law or the rights of a third party.

2. Dispute Resolution; Arbitration Agreement. Any dispute or claim arising out of or relating in any way to the Site, these Terms, the Products or the Services will be resolved exclusively by final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Also, this Arbitration Agreement will not preclude any action for injunctive relief in aid of arbitration. This Arbitration Agreement applies to any dispute or claim between the parties and/or their parents, subsidiaries, employees, agents, officers, or owners (who shall be third-party beneficiaries of this provision). The Federal Arbitration Act and federal arbitration law apply to this Arbitration Agreement.

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BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. The arbitration will be conducted by a neutral arbitrator, rather than by a judge or jury. The arbitrator can only award on an individual basis and must rely on these Terms of Service. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Either party may initiate arbitration by providing written notice to the other party and filing a demand with the AAA. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees to the AAA for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or brought for an improper purpose. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You do not have the right to act as a class representative or participate as a member of a class of claimants concerning any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against a party and may not preside over any kind of representative or class proceeding. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY USED THE WEBSITE OR SERVICES AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND STOP USING THE SITE, PRODUCTS AND SERVICES.

1. Governing Law. Subject to the “Arbitration Agreement” provisions above, these Terms shall be governed by and construed following the laws of the State of New York, without regard to any conflicts of law provisions. To the extent that your agreement to arbitrate is not deemed to apply, you expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of New York to adjudicate and resolve any dispute with Impact, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers or in any other way relating to the website, including, content or user content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF NEW YORK IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

2. Notice for California Users. Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

3. Severability. If any provision of these Terms 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 and shall not affect the validity and enforceability of any other remaining provisions.

4. Entire Agreement. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Products or Services 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 these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

5. 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 Site periodically for changes. Your continued use of or access to the Site, Products or Services following the posting of any changes to these Terms constitutes acceptance of those changes.

6. Contact Us. If you have any questions or comments about these Terms or the Site, please contact us by:
Email: info@impactgummies.com