Terms & Conditions


Power Plans Nutrition Website Terms and Conditions

By using Our Website, You agree to these Terms and Conditions. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after We post any changes to these Terms, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to these Terms, You should not use Our Website and, if applicable, You should arrange to cancel Your registered user account or subscription with us.


PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.

Definitions

  1. “Power Plans” is a trademark of Primal Industries LLC, and also refers to proprietary Meal Plan programs created by and exclusively owned by Primal Industries LLC. As used herein, references to “Power Plans” as a party means and refers to Primal Industries LLC and its owner(s), parent company(ies), affiliate entities, employees, and assigns.
  2. “Member” refers to a person who has acquired a Power Plans product or membership subscription. “Membership” refers to a Member’s Power Plans subscription.
  3. “Parties” mean Primal Industries LLC and You. Primal IndustriesLLC and You are each a “Party.”
  4. “Terms” mean and refer to the Terms and Conditions set forth herein.
  5. “Trainer” means and refers to the Primal Industry LLC employee, agent, or contractor who will assist You with Your goals, as further defined herein.
  6. “We,” “Us,” and “Our” mean and refer to Primal Industries LLC.
  7. “Website” means and refers to this and any other website operated by Primal Industries LLC.
  8. “You” and “Your” means the Member who has executed this Agreement by acquiring a membership subscription.

Eligibility

By registering to use the Website, or procuring a Membership, You represent that You have reached the age of majority where You Live. You further represent that that You have the Legal capacity to accept these Terms, and to use the Website in accordance with these Terms.


Power Plans Membership and Subscription

Power Plans can change any paid-for Membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to You at the time You submit Your application for Membership. We may make offers for Trial Membership to new subscribers at any time. Where We offer You a Trial Membership of Power Plans ("Trial Membership"), such Trial Membership will run from the day after Your application to register with Power Plans has been accepted by Power Plans and continue for the Trial Membership offer period as indicated on the Website. Trial Memberships are only available to new Membership subscribers of Power Plans and for the Limited periods as set out on the Website. Previous Membership subscribers or those subscribers who have already benefited from a Trial Membership subscription to Power Plans do not qualify for a further Trial Membership.

If You do not want to continue Your subscription after Your Trial Membership comes to an end. You must contact Us at least 24 hours before Your Trial Membership period ends by submitting a cancellation request to Us via Our support email address, otherwise Your subscription will automatically continue and You will be charged the full Power Plans monthly Membership Subscription rate. Our support team will then direct You in the steps necessary to cancel Your membership on Our Website.

If You wish to cancel Your Power Plans Membership subscription at any time after a Trial Membership or discounted periods as set out in these terms. You must give Us the following notice by submitting a cancellation request to Us via Our support email address to cancel Your subscription. For monthly Membership subscriptions, We require at least thirty (24) hours’ notice of cancellation. For annual Membership subscriptions, We require at least thirty (30) days notice of cancellation. Our support team will then direct You in the steps necessary to cancel Your membership on Our Website.


Payment Terms

A Member is responsible for paying all sums due to Power Plans in connection with their Membership in accordance with these Terms. The first Membership fee payable in accordance with these terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership. Every calendar month (or calendar year depending on the type of subscription applied for) Your Membership account will be charged the subscription fee for the following months (or year's) subscription, plus any accumulated charges for the past month (for example. for additional personal training costs incurred in the previous calendar month) ("Fees"). Failure by the Member to use any of the services available for a Member through its subscription to Power Plans does not relieve the Member of his/her payment obligations under these Terms. Potential registrants and/or Members can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by Us through Our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member's financial data (as well as subscription package data) to PayWhirls online payment system for processing. You acknowledge that We hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount). You specifically authorize PayWhirl to collect payment for Fees from the Member's Credit Card or Debit Card provided to PayWhirl and to forward payment of the Fees to us.

You agree that You will NOT send credit card details to Power Plans directly and that ALL credit card transactions shall be processed through PayWhirl and Stripe via the Website. Power Plans cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayWhirl may apply, and can be found at www.paywhirl.com. Power Plans reserves the right to immediately terminate a Member's account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Power Plans starts collection processes of any type, You will be Liable for all collection costs, including Legal fees and expenses.

In addition to any Fees, Power Plans may also charge applicable value added or other tax.


License

You have Our permission to electronically copy and print hard copies of pages from this web site for Your personal use only, and only to the extent necessary to place an order or shop with us. Any commercial use of such copies is strictly prohibited. Unless We give You written permission in advance, any other use of any Website, its content and its information, including Linking or framing to any Website, is strictly prohibited.

All aspects of Our Website is protected by USA and international copyright and trademark laws, including all design elements, text material. logos, taglines, and metatags, hashtags, photographic images, personal stories, Power Plans icons, video and audio clips, downloads. No material on any Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Power Plans trademark and logo are proprietary marks of Power Plans, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Power Plans.

User Communication/Authorization to use Photographs

Power Plans is pleased to hear from users and welcomes Your comments regarding Our services. You alone are responsible for any communication, message, and/or other content that You post. upload. submit. transmit or share with Power Plans on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively 'User Communications').By transmitting or posting any User Communications. You represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark. trade secret. rights of privacy, rights of publicity or any other applicable laws. Power Plans does not endorse or sponsor any User Communications submitted by You or other Members.

You are prohibited from posting, uploading, submitting. sharing or transmitting any unlawful. threatening. libelous. defamatory. obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Power Plans will fully cooperate with any law enforcement authorities or court order requesting or directing Power Plans to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in Our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post. upload, submit or share any User Communications You wish to be kept confidential or for which You expect compensation. acknowledgment or attribution.

You grant Power Plans permission to use any and all photographs taken by Power Plans or its agents or employees, or submitted by You to Power Plans (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Power Plans or any product or service sold and marketed by Power Plans. You agree that this authorization to use Photographs may be assigned by Power Plans to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Power Plans’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Power Plans in exchange for this Release and Assignment. You hereby release and forever discharge LadyBoss from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.


Termination

Power Plans reserves the right to terminate any Member's Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.


No Medical Advice Provided

The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as 'information') provided by Power Plans is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.

This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health provider before beginning this or any other dietary program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified health care provider.

None of the contents of this Website or any information provided by Power Plans are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by Power Plans, are solely the opinions of the authors. Power Plans, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by Power Plans. Reliance upon any opinion or advice provided on the Website, via telephone, online chat. or emails at Your own risk.

Links to Other Websites

This Site may contain links to other websites. Power Plans assumes no responsibility for the content or functionality of any non- Power Plans website to which We provide a link.


Disclaimer

THE MATERIALS ON THIS WEBSITE ARE PROVIDED 'AS IS" WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. POWER PLANS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. POWER PLANS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.

Force Majeure.

Power Plans will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Power Plans. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Power Plans shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.


Indemnification

You agree to protect, defend, indemnify and hold harmlessPower Plans, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Power Plans for liability for payments for, damages caused by, or other liability relating to, You.

Assignment of Rights.

Power Plans may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without LadyBoss’ express written consent.


Contact

If You have any questions or complaints concerning any of the Terms, You may contact Power Plans by e-mail at [email protected], or by regular mail at 12330 Stowe Dr. Poway CA 92064.

California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


Sever-ability

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

Waiver

No waiver by Power Plans of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

Heading.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.