TERMS AND CONDITIONS

TERMS OF SERVICE AGREEMENT
LAST REVISION: [22-6-2021]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this
website, www.hollywoodauditionupdates.com, Hollywood Audition Updates
offer of products for purchase on this Website, or your purchase of products
available on this Website. This Agreement includes, and incorporates by this
reference, the policies and guidelines referenced below. Hollywood Audition Updates reserves
the right to change or revise the terms and conditions of this Agreement at any time
by posting any changes or a revised Agreement on this Website. Hollywood Audition Updates
will alert you that changes or revisions have been made by indicating on the top of
this Agreement the date it was last revised. The changed or revised Agreement will
be effective immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will constitute
your acceptance of any such changes or revisions. Hollywood Audition Updates encourages
you to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing use of the Website. This Agreement
does not alter in any way the terms or conditions of any other written agreement you
may have with [Business Name] for other products or services. If you do not agree to
this Agreement (including any referenced policies or guidelines), please immediately
terminate your use of the Website. If you would like to print this Agreement, please
click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By
placing an order for Products through this Website, you agree to the terms set forth
in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct
[Business Name] sales reps, while they are calling you, of your desire to opt out from
further direct company communications and solicitations, you are agreeing to
continue to receive further emails and call solicitations Hollywood Audition Updates and its
designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.

  1. You may use the opt out link found in any email solicitation that you may receive.
  2. You may also choose to opt out, via sending your email address to: [email protected]
  3. You may send a written remove request to Us.
    Proprietary Rights. Hollywood Audition Updates has proprietary rights and trade secrets in the
    Products. You may not copy, reproduce, resell or redistribute any Product
    manufactured and/or distributed by Hollywood Audition Updates. Hollywood Audition Updates also has rights to all trademarks and trade dress and specific layouts of this webpage,
    including calls to action, text placement, images and other information.
    Sales Tax. If you purchase any Products, you will be responsible for paying any
    applicable sales tax.
    II. WEBSITE
    Content; Intellectual Property; Third Party Links. In addition to making Products
    available, this Website also offers information and marketing materials. This Website
    also offers information, both directly and through indirect links to third-party websites,
    about nutritional and dietary supplements. Hollywood Audition Updates does not always create
    the information offered on this Website; instead the information is often gathered
    from other sources. To the extent that Hollywood Audition Updates does create the content on
    this Website, such content is protected by intellectual property laws of the India,
    foreign nations, and international bodies. Unauthorized use of the material may
    violate copyright, trademark, and/or other laws. You acknowledge that your use of
    the content on this Website is for personal, noncommercial use. Any links to thirdparty websites are provided solely as a convenience to you. [Business Name] does
    not endorse the contents on any such third-party websites. Hollywood Audition Updates is not
    responsible for the content of or any damage that may result from your access to or
    reliance on these third-party websites. If you link to third-party websites, you do so at
    your own risk.
    Use of Website; [Business Name] is not responsible for any damages resulting from
    use of this website by anyone. You will not use the Website for illegal purposes. You
    will (1) abide by all applicable local, state, national, and international laws and
    regulations in your use of the Website (including laws regarding intellectual
    property), (2) not interfere with or disrupt the use and enjoyment of the Website by
    other users, (3) not resell material on the Website, (4) not engage, directly or
    indirectly, in transmission of “spam”, chain letters, junk mail or any other type of
    unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
    users of the Website
    License. By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with
    your normal, noncommercial, use of the Website. You may not copy, reproduce,
    transmit, distribute, or create derivative works of such content or information without
    express written authorization from [Business Name] or the applicable third party (if
    third party content is at issue).
    Posting. By posting, storing, or transmitting any content on the Website, you hereby
    grant [Business Name] a perpetual, worldwide, non-exclusive, royalty-free,
    assignable, right and license to use, copy, display, perform, create derivative works
    from, distribute, have distributed, transmit and assign such content in any form, in all
    media now known or hereinafter created, anywhere in the world. [Business Name]
    does not have the ability to control the nature of the user-generated content offered
    through the Website. You are solely responsible for your interactions with other
    users of the Website and any content you post. [Business Name] is not liable for any
    damage or harm resulting from any posts by or interactions between users.
    [Business Name] reserves the right, but has no obligation, to monitor interactions
    between and among users of the Website and to remove any content [Business
    Name] deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
    III. DISCLAIMER OF WARRANTIES
    YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.
    THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS
    AVAILABLE” BASIS. [Business Name] EXPRESSLY DISCLAIMS ALL
    WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
    BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH
    RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE
    UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS”
    INCLUDE TRIAL PRODUCTS.)
    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, [Business Name]
    MAKES NO WARRANTY:
    THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE,
    RELIABLE, COMPLETE, OR TIMELY.
    THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS
    ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
    YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
    STATED HEREIN.
    AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
    PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
    REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE
    WEBSITE.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
    WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
    YOU.
    IV. LIMITATION OF LIABILITY
    [Business Name] ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,
    IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT
    AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY
    LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR
    PRODUCTS PURCHASED VIA THE WEBSITE.
    [Business Name] WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
    INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
    WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING
    LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE
    WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING
    SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
    OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
    (4) ANY LOST PROFITS YOU ALLEGE.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
    LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
    THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    V. INDEMNIFICATION
    You will release, indemnify, defend and hold harmless [Business Name], and any of
    its contractors, agents, employees, officers, directors, shareholders, affiliates and
    assigns from all liabilities, claims, damages, costs and expenses, including
    reasonable attorneys’ fees and expenses, of third parties relating to or arising out of
    (1) this Agreement or the breach of your warranties, representations and obligations
    under this Agreement; (2) the Website content or your use of the Website content;
    (3) the Products or your use of the Products (including Trial Products); (4) any
    intellectual property or other proprietary right of any person or entity; (5) your
    violation of any provision of this Agreement; or (6) any information or data you
    supplied to [Business Name]. When [Business Name] is threatened with suit or sued
    by a third party, [Business Name] may seek written assurances from you concerning
    your promise to indemnify [Business Name]; your failure to provide such assurances
    may be considered by [Business Name] to be a material breach of this Agreement.
    [Business Name] will have the right to participate in any defense by you of a thirdparty claim related to your use of any of the Website content or Products, with
    counsel of [Business Name] choice at its expense. [Business Name] will reasonably
    cooperate in any defense by you of a third-party claim at your request and expense.
    You will have sole responsibility to defend [Business Name] against any claim, but
    you must receive [Business Name] prior written consent regarding any related
    settlement. The terms of this provision will survive any termination or cancellation of
    this Agreement or your use of the Website or Products.
    VI. PRIVACY
    [Business Name] believes strongly in protecting user privacy and providing you with
    notice of MuscleUP Nutrition ‘s use of data. Please refer to [Business Name] privacy
    policy, incorporated by reference herein, that is posted on the Website.
    VI. AGREEMENT TO BE BOUND
    By using this Website or ordering Products, you acknowledge that you have read
    and agree to be bound by this Agreement and all terms and conditions on this
    Website.
    VIII. GENERAL
    Force Majeure. [Business Name] will not be deemed in default hereunder or held
    responsible for any cessation, interruption or delay in the performance of its
    obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of
    God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
    Cessation of Operation. [Business Name] may at any time, in its sole discretion and
    without advance notice to you, cease operation of the Website and distribution of the
    Products.
    Entire Agreement. This Agreement comprises the entire agreement between you
    and [Business Name] and supersedes any prior agreements pertaining to the subject
    matter contained herein.
    Effect of Waiver. The failure of [Business Name] to exercise or enforce any right or
    provision of this Agreement will not constitute a waiver of such right or provision. If
    any provision of this Agreement 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 this
    Agreement remain in full force and effect.
    Governing Law; Jurisdiction. This Website originates from the [City, State]. This
    Agreement will be governed by the laws of the State of [Law State Name] without
    regard to its conflict of law principles to the contrary. Neither you nor [Business
    Name] will commence or prosecute any suit, proceeding or claim to enforce the
    provisions of this Agreement, to recover damages for breach of or default of this
    Agreement, or otherwise arising under or by reason of this Agreement, other than in
    courts located in State of [State Name]. By using this Website or ordering Products,
    you consent to the jurisdiction and venue of such courts in connection with any
    action, suit, proceeding or claim arising under or by reason of this Agreement. You
    hereby waive any right to trial by jury arising out of this Agreement and any related
    documents.
    Statute of Limitation. 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 the Website or
    Products or this Agreement must be filed within one (1) year after such claim or
    cause of action arose or be forever barred.
    Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU
    HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS
    WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR
    PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
    CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
    Termination. [Business Name] reserves the right to terminate your access to the
    Website if it reasonably believes, in its sole discretion, that you have breached any
    of the terms and conditions of this Agreement. Following termination, you will not be
    permitted to use the Website and [Business Name] may, in its sole discretion and
    without advance notice to you, cancel any outstanding orders for Products. If your
    access to the Website is terminated, [Business Name] reserves the right to exercise
    whatever means it deems necessary to prevent unauthorized access of the Website.
    This Agreement will survive indefinitely unless and until [Business Name] chooses,
    in its sole discretion and without advance to you, to terminate it.
    Domestic Use. [Business Name] makes no representation that the Website or
    Products are appropriate or available for use in locations outside India. Users who
    access the Website from outside India do so at their own risk and initiative and must
    bear all responsibility for compliance with any applicable local laws.
    Assignment. You may not assign your rights and obligations under this Agreement to
    anyone. [Business Name] may assign its rights and obligations under this
    Agreement in its sole discretion and without advance notice to you.
    BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
    AGREE
    TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT