Terms and Conditions
Effective Date: October 20th, 2020
1. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website.
2. This website is operated by ABM Marketing, LLC d/b/a Cloud Peak Nutrition (hereinafter referred to as “Cloud Peak Nutrition”). Throughout the site, the terms “we”, “us” and “our” refer to Cloud Peak Nutrition. Cloud Peak Nutrition offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site or purchasing something from us, you use our service and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. Any new features, which are added to the website, 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 without prior notice 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. A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
4. We make every attempt to ensure that information on this website is complete, accurate and current. The information on this Website may occasionally be inaccurate, incomplete or out of date, despite out efforts. We make no representation as to the whether this website is complete, accurate or current of any information. 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.
5. All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. We reserve the right at any discontinue any product 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 products. 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. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
6. 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. 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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. Purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from this website in accordance with our Return Policy. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
7. We make every attempt to ensure that information on this website is complete, accurate and current. The information on this Website may occasionally be inaccurate, incomplete or out of date, despite out efforts. We make no representation as to the whether this website is complete, accurate or current of any information. 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 more accurate, more complete or more timely sources of information. 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.
8. Information contained at the website is provided for informational purposes only and is not meant to substitute the advice by your doctor or other healthcare professional. Do not use the information available on or through the website for diagnosing or treating a health problem or disease, or prescribing any medication. Statements about clinical research involving any product on this website for the treatment of a disease should be considered only as background information about that product. These statements do not indicate that any product on this website is intended to treat any disease or is a substitute for any drug. Statements that any product found on this website has been proven in clinical trials to effectively treat a disease do not represent any claim regarding the effects of that product and do not signify that the product itself has been proven to, or should be expected to, effectively treat that disease. Information and statements regarding any products on this website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
9. The design of this website and all text, graphics, images, videos,, content, and other material displayed on or downloaded from this website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify the information or materials displayed on, downloaded from this website in any way, reproduce, or distribute for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
10. Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks of Cloud Peak Nutrition. Other trademarks, trade names and service marks used on this website are the registered and unregistered trademark of their respective owners. Nothing contained on this website grants, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this website without the written permission of such owner.
11. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic material, any computer virus or other malware or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
12. This website may contain links to websites that are not owned, operated or controlled by Cloud Peak Nutrition. If you use these links, you will leave this website. We are not responsible for examining or evaluating the content located on or accessible from any website not owned by us. We do not endorse, guarantee, or make any representations or warranties regarding any content or other information from other websites or the results that you may obtain from using any other website. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
13. Other than personally identifiable information, which is subject to this website’s privacy policy, any material, information, videos, pictures, ideas questions, comments, reviews or other content you transmit or post to this website in any manner or publish through any social media account to Cloud Peak Nutrition is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this website or on social media that is viewable by the public is not subject to this website’s privacy policy and is considered user content. Additionally, we are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any content you submit. We may use any of your content for any purpose whatsoever for any commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any user content. We will have no obligation to use, return, review, or respond to any user content. We will have no liability related to user content submitted by you, whether or not arising under the laws of copyright, libel, privacy or otherwise. We retain the right to remove any or all user content that includes any material we deem inappropriate or unacceptable. By providing any user content, whether solicited or unsolicited, you agree that you are granting us a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, display, copy, modify, distribute and otherwise use such User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding user content that you may have under any applicable law under any legal theory.
14. Pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (a) your use of this website, (b) any purchases or other transactions with Cloud Peak Nutrition, or (c) any data or information you may provide to Cloud Peak Nutrition or that Cloud Peak Nutrition may gather in connection with such use or transaction, you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with this website, or engaging in any other transactions with us, you agree to binding arbitration. We will make every reasonable effort to informally resolve any complaints or disputes that you may have with us. By using this website, you agree that any complaint or dispute you may have against Cloud Peak Nutrition, and any claim that Cloud Peak Nutrition may have against you, arising out of or relating to in any way with these Terms and Conditions, our Privacy Policy, or any Cloud Peak Nutrition transactions shall be resolved exclusively by final and binding arbitration administered by JAMS or its successor and conducted in accordance with the JAMS arbitration rules and procedures in effect at the time the arbitration is initiated. The Arbitrator shall apply internal laws of the state of Wyoming consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S.
15. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. You agree to indemnify and hold Cloud Peak Nutrition and our parents, affiliates, subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, your connection to this website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
17. These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Cloud Peak Nutrition and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
18. If you have any questions about our Term of Service, you may e-mail us at: [email protected] or mailing us at: ABM Marketing, LLC d/b/a/ Cloud Peak Nutrition 1309 Coffeen Ave, Suite 1583, Sheridan, WY 82801.
19. Cloud Peak Nutrition reserves the right to refuse service to anyone.