PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included on this site, including but not limited to text, graphics, or code, is copyrighted as a collective work under United States and other copyright laws and is the property of Floyd’s Performance Plus. The collective work includes works that are licensed to Floyd’s Performance Plus. Copyright 2024, Floyd’s Performance Plus. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Floyd’s Performance Plus or purchasing Floyd’s Performance Plus products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different areas of the site solely for your own non-commercial use, or to place an order with Floyd’s Performance Plus or to purchase Floyd’s Performance Plus products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content on this site, is strictly prohibited unless authorized by Floyd’s Performance Plus. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademark
All trademarks, service marks, and trade names of Floyd’s Performance Plus used on the site are trademarks or registered trademarks of Floyd’s Performance Plus.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Floyd’s Performance Plus disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Floyd’s Performance Plus does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Floyd’s Performance Plus does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Floyd’s Performance Plus 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 site or the performance of the products, even if Floyd’s Performance Plus has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Floyd’s Performance Plus product is mistakenly listed at an incorrect price, Floyd’s Performance Plus reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Floyd’s Performance Plus 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, Floyd’s Performance Plus shall issue a credit to your credit card account in the amount of the incorrect price.
Shipping Policy
Everything ships within 24 hours of the order being placed. Delivery of items typically takes 2-5 days from the time the order is placed.
Terms/Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Floyd’s Performance Plus without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination.
Notice
Floyd’s Performance Plus may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided to Floyd’s Performance Plus.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Floyd’s Performance Plus products) shall be in the state or federal courts located in Denver County, Colorado. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Floyd’s Performance Plus products) must be commenced within one (1) year after the claim or cause of action arises. Floyd’s Performance Plus’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. Floyd’s Performance Plus 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 site, including via e-mail, chat, or by the use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Floyd’s Performance Plus or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site 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 otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Floyd’s Performance Plus does not and cannot review all communications and materials posted to or created by users accessing the site 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 site, Floyd’s Performance Plus 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 site. However, Floyd’s Performance Plus 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 right of another, or (d) offensive or otherwise unacceptable to Floyd’s Performance Plus in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Floyd’s Performance Plus, 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 site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Floyd’s Performance Plus may link to sites operated by third parties. However, even if the third party is affiliated with Floyd’s Performance Plus, Floyd’s Performance Plus has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Floyd’s Performance Plus. These linked sites are provided only for your convenience, and therefore you access them at your own risk. Nonetheless, Floyd’s Performance Plus seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but also for sites it links to as well (including if a specific link does not work).
NOTE:
Our products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented is not meant as a substitute for or alternative to information from healthcare practitioners. If you are taking any medication or are under treatment for any disease, please consult your healthcare professional about potential interactions or other possible complications before using any product.
