Terms and Conditions
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE IRON CHEST MASTER’S PRODUCTS OR SERVICES.
These Terms and Conditions govern and apply to you and your access to and use of this Site and its related domains on which this document appears, any order you place through this Website or any other Site where the product is sold and your use of the Iron Chest Master, LLC products. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of ICM after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any order you place through this Site, and to all products and services we supply, produce, distribute, or market.
All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Iron Chest Master, LLC or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of IronChestMaster.com for the sole purpose of placing an order with Iron Chest Master or using the website as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of IronChestMaster.com is strictly prohibited.
All trademarks, logos, service marks and trade names are proprietary to Iron Chest Master, LLC, Ron Williams or other respective owners that have granted Iron Chest Master the right and license to use such intellectual property.
We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:
· All prices are displayed in U.S. Dollars;
· Orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
· Packaging may vary from that shown on the Site;
· Any weights, dimensions, and capacities shown on the Site are approximate only; and
· All items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Unless stated otherwise, all Iron Chest Master products on the Site carry at least a 30-day money-back guarantee starting from the date that the product is delivered to you. In the event that you are not 100% satisfied with your purchase, please call our Customer Service at 801-550-2932 with any questions or concerns and return the product within the money-back guarantee period to receive a refund of the purchase price of your product, less shipping and handling. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, such products or loss or damage. Once we receive your product we will process your return within 2 business days.
Order and Payment Information
All ICM products are subject to sales tax (where applicable) which will be applied to your order total.
CA Residents: The sales and use tax rate is not the same in all California locations, so California residents may be subject to additional use tax. The total sales and use tax rate is higher in areas where there are voter-approved special transactions (sales) and use tax districts. In those districts, the total tax rate includes the standard statewide tax rate plus the district tax rate, which varies from district to district. You must report district taxes on Schedule A of your sales and use tax return.
ICM may need to verify information you provide before accepting an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, ICM will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Iron Chest Master expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Iron Chest Master may reject orders where the stated delivery address is outside the United States and Canada. ICM will add applicable shipping and handling fees.
Unless otherwise noted, Iron Chest Master will use its best efforts to ship products within a reasonable time after receipt of your properly completed order. Although ICM may provide delivery or shipment timeframes or dates, you understand that those are good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. At times shipment may be delayed due to circumstances that are behind our control; such as acts of God, manufacturing delays, etc. Iron Chest Master shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
ICM Site is not responsible for any delivery that is lost as a result of incorrect shipping information provided by you; if products are returned after being delivered to an incorrect address, they can be resent and the cost of the redelivery will be charged to you.
ICM is not responsible for any failed delivery where tracking information from the carrier (i.e., delivery confirmation or other tracking number) shows that the shipment was in fact delivered. In these cases particularly where the carrier claims no liability or reimbursement, we reserve the right to give no refund or arrange a partial refund to cover our costs at our discretion. However, we always strive for mutually fair arrangements in the unlikely event of such shipment problems.
If an incorrect order is sent or a delivery error is made because of a Site error, the order will be rectified immediately and will be sent at no additional cost to you. However, the incorrect order must be returned to Iron Chest Master or the cost of these products will also be charged to you.
With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (the“Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.
The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
Confirming and abiding by each country’s importation requirements are your sole responsibility. Iron Chest Master is therefore not liable for replacement or refund of products which are confiscated by customs or the payment of any taxes, duties or customs fees due on products purchased from our Site.
All reviews, photographs, comments or other submissions provided to Iron Chest Master on or about this site, or otherwise submitted in connection with your use of the products or website, shall be and remain Iron Chest Master’s property. Such disclosure, submission or offer of any comments shall be deemed an assignment to Iron Chest Master of all worldwide rights in all intellectual properties relating to the comments. Iron Chest Master has the exclusive right to use any and all such elements of the content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Websites, in its sole discretion without further consent or payment. ICM has all right, title, and interest in any and all results and proceeds from such use of the content. Iron Chest Master has the right to transfer the aforementioned rights to use the content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. ICM may alter, adapt, or edit the content and any further material created under these Terms and Conditions, and market and exploit it entirely at its sole discretion.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF IRON CHEST MASTER IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
THE INFORMATION, INCLUDING OPINIONS AND RECOMMENDATIONS, CONTAINED IN THIS WEBSITE; IN THE PRODUCT DESCRIPTIONS, LABELS AND GUIDE; AND IN THE IRON CHEST MASTER PROGRAM ARE FOR EDUCATIONAL PURPOSES ONLY AND HAVE NOT BEEN EVALUATED BY THE FDA. SUCH INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NO ONE SHOULD ACT UPON ANY INFORMATION PROVIDED WITHOUT FIRST SEEKING MEDICAL ADVICE FROM A QUALIFIED MEDICAL PHYSICIAN.
FURTHER, YOU SHOULD CONSULT WITH A HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY WEIGHT LOSS PROTOCOL, EXERCISE, OR SUPPLEMENTATION PROGRAM. IN PARTICULAR PLEASE CONSULT WITH YOUR HEAL CARE PROVIDER IN YOU ARE PREGNANT, NURSING, CHRONICALLY ILL, ELDERLY, UNDER 18, DIABETIC, OR TAKING MEDICATIONS.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL IRON CHEST MASTER OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF IRON CHEST MASTER OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IRON CHEST MASTER’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO IRON CHEST MASTER FOR ANY PRODUCTS SUPPLIED BY IRON CHEST MASTER THROUGH YOUR USE OF THE SITE OR OTHERWISE.
IRON CHEST MASTER WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
You agree to indemnify and hold harmless ICM, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party
The Iron Chest Master website is controlled by Iron Chest Master, LLC in the State of Utah, U.S. As such, the laws of the State of Utah will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law. We reserve the right to make changes to our website and these disclaimers, terms and conditions at any time.