Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This website is operated by MuscleCare Products (a division of Active and Innovative Inc.) The terms “Company,” “we”, “us”, and “our” refer to MuscleCare Products.
This Website Does Not Provide Medical Advice
The contents of this website are for informational purposes only. Text and information contained on this website and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure, or prevent any disease, condition, or malady. No warranty is made or given that any information on or linked to this website is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.
The information contained in this website, or obtained as a consequence of using this website is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Users should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases, or maladies, and questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of information obtained from this website. Reliance on any information provided on this website or provided by the Company’s employees or others appearing on this website at the invitation of the Company is solely at your own risk.
This website may contain content from third party sources. The Company does not necessarily endorse any third party products, views, or information presented on this website and such information or content may not reflect the opinions, recommendations, or practices of the Company.
This website can be accessed from countries around the world other than Canada and may contain references to the Company’s products, services, and programs that have not been announced in your country. These references do not imply that we intend to announce such products, services, or programs in your country. We make no representation that the content on this website is appropriate or available for use in other locations, and accessing this website from territories where its content is prohibited. Those who choose to access this website from other locations do so, on their own initiative and at their own risk and are responsible for compliance with local laws.
Copyrights and Trademarks
Everything you see or read on this website is copyrighted unless otherwise noted, and nothing from this website may be used by you except as provided in these terms and conditions without the prior written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on or downloaded from this website will not infringe the rights of third parties not owned by or affiliated with the Company.
All trademarks, service marks, and trade names of the Company used in the website are trademarks or registered trademarks of the Company, or duly licensed by the Company. All rights in respect of all of such trademarks are reserved.
Nothing contained in this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark, or design displayed on this website without the written permission of the Company or any third party that may own any such item displayed on the website. Your use of any of the trademarks, logos, service marks, designs, and other intellectual property displayed on this website and any other content on this website is strictly prohibited except only and to the limited extent expressly permitted in these terms and conditions. the Company will aggressively enforce its intellectual property rights to the fullest extent of the law should you breach any of these terms and conditions.
NOT FOR RESALE
Not for resale. Customer agrees and represents that they are buying for their own use only, and not for resale or distribution to any other third party.
Anyone who fails to follow this term will be fined up to $100,000 USD.
The only exception is authorized dealers with contractual agreements with MuscleCare.
This website and the materials and products displayed and sold on this website are provided “as is” and without warranties of any kind, whether express or implied, except as specifically described under our Return and Refund Policy below. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. The Company does not make any warranties or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states, provinces, or territories may not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
The information posted by the Company on this website is believed to be accurate when posted but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this website is strictly on an “as is” basis, and you must not assume that this website will be error-free or that it will operate without interruption or as intended.
Limitation of Liability
The Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that the Company product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. the Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
Confidentiality And Privacy Issues
Unless encrypted, information sent or received over the Internet is insecure and the Company cannot and does not make any representation, warranty, or promise concerning the interception by third parties of your personal or other information. the Company will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to the Company through this website.
These terms and conditions are applicable to you upon your accessing the website and/or completing the registration and/or purchasing process. These terms and conditions, or any part of them, may be terminated by the Company without notice at any time, for any reason. The provisions relating to Copyrights and Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, Choice of Law, Arbitration and Miscellaneous, shall survive any termination.
the Company may deliver notice to you by means of e-mail, a general notice on the website, or by another reliable method to the address you have provided to the Company.
Choice of Law
By using this website, you agree that the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles, will govern these terms and conditions and any dispute that might arise between you and the Company or its affiliates.
Any dispute, controversy, or claim arising out of or relating to these terms and conditions (including any breach thereof), this website, any content, or any item purchased from this website shall be finally resolved by confidential arbitration conducted under the Arbitration Act, 1991 (Ontario) (the “Act”). The Act is incorporated by reference into this section. The arbitration shall be conducted by a single arbitrator appointed by agreement between the parties or, if the parties cannot agree on an arbitrator, by a court as provided in the Act. Arbitrations shall be conducted in Toronto, Ontario, Canada, in English and shall be governed by the substantive and procedural law of Ontario. The decision arrived at in the arbitration shall be final and binding, and no appeal shall lie from that decision. Any award granted in the arbitration shall be recognized internationally and may be entered in any court having jurisdiction to enforce such awards.
Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of the Company products) must be commenced within one (1) year after the claim or cause of action arises. the Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. the Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including the Company or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
the Company does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to the Company in its sole discretion.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
In an attempt to provide increased value to our visitors, the Company may link to websites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked websites, all of which have separate privacy and data collection practices, independent of the Company. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its web website and the links placed upon it and therefore requests any feedback on not only its own website but for websites it links to as well (including if a specific link does not work).
RETURN & REFUND POLICY
If you are not fully satisfied with our product, you can return it to us for a refund or replacement. To initiate a return, you must call us at 1-844-784-7246.
Return items in the original packaging within 60 days of your purchase with receipt or proof of purchase. If 60 days or more have passed since your purchase, we cannot offer you a refund.
Upon receipt of the returned item, we will notify you via email, within a reasonable period of time, whether you are entitled to a refund or replacement. If you are entitled to a return, we will refund your purchase price in full and a credit will automatically be applied to your original method of payment.
To follow-up on the status of your return, please contact us at
Refunds do not include any shipping and handling charges. Shipping charges for all returns must be paid by the customer.
Mobile Terms of Service
Last updated: Oct. 2, 2023
The Get MuscleCare mobile message service (the "Service") is operated by Active and Innovative Inc. dba MuscleCare Products (“Get MuscleCare”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Get MuscleCare’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Get MuscleCare through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Get MuscleCare. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18773991244 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Get MuscleCare mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18773991244 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.