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Terms and Conditions

LIFTED PERFORMANCE, LLC; DBA KANIBI - TERMS, CONDITIONS AND GUARANTEE


INTRODUCTION
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age.

LICENSE TO USE WEBSITE
Unless otherwise stated, LIFTED PERFORMANCE, LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. 


You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

YOU MUST NOT:
• Republish material from this website (including republication on another website);
• Sell, rent or sub-license material from the website;
• Show any material from the website in public;
• Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• Edit or otherwise modify any material on the website; or
• Redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.

ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without LIFTED PERFORMANCE, LLC's express written consent.


USER CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to KANIBI a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to KANIBI the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or LIFTED PERFORMANCE, LLC or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 

LIFTED PERFORMANCE, LLCreserves the right to edit or remove any material submitted to this website, or stored on LIFTED PERFORMANCE, LLC's servers, or hosted or published upon this website. 


Notwithstanding LIFTED PERFORMANCE, LLC's rights under these terms and conditions in relation to user content, LIFTED PERFORMANCE, LLC's does not undertake to monitor the submission of such content to, or the publication of such content on, this website.


DISCLAIMER AND LIMITATIONS OF LIABILITY
This website is provided “as is” without any representations or warranties, express or implied. LIFTED PERFORMANCE, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, LIFTED PERFORMANCE, LLC does not warrant that:


• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.


Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.

LIFTED PERFORMANCE
, LLCwill not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:


• To the extent that the website is provided free-of-charge, for any direct loss;
• For any indirect, special or consequential loss; or
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if LIFTED PERFORMANCE, LLC has been expressly advised of the potential loss.


REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY
You hereby indemnify LIFTED PERFORMANCE, LLC and undertake to keep LIFTED PERFORMANCE, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by LIFTED PERFORMANCE, LLC to a third party in settlement of a claim or dispute on the advice of LIFTED PERFORMANCE, LLC's legal advisers) incurred or suffered by LIFTED PERFORMANCE, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.


BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to LIFTED PERFORMANCE, LLC's other rights under these terms and conditions, if you breach these terms and conditions in any way, LIFTED PERFORMANCE, LLC may take such action as LIFTED PERFORMANCE, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


VARIATION
LIFTED PERFORMANCE, LLCmay revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.


ASSIGNMENT
LIFTED PERFORMANCE, LLC may transfer, sub-contract or otherwise deal with LIFTED PERFORMANCE, LLC's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. 


You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between you and LIFTED PERFORMANCE, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.


LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with Utah Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Utah.

DELIVERY TIMEFRAME
Orders are generally fulfilled same day or next business day. Shipping generally requires 5-7 business days for domestic orders. International shipping can require 10-14 business days.

LIFTED PERFORMANCE, LLC RETURN POLICY

At LIFTED PERFORMANCE, we strongly believe in our products and want every customer to have the opportunity to experience their great results. We place an incredibly high standard on our customer service and want every customer to be satisfied with his or her purchase experience. However, due to inevitable fraudulent activity, Lifted Performance will only accept returns of merchandise purchase directly from KANIBI.com (online or over the phone) and in accordance with the following:

Please email Customer Support at support@kanibi.com and notify them of your intent to make a return
Refunds may take at least one week to process.
Apparel reimbursement requests will only be considered if item(s) is/are unworn, unwashed, and if all original tags and labels are attached to the item(s).
Dietary Supplement reimbursement requests will only be considered if the respective dietary supplement is in the original packaging and the contents have not been completely used (we do not accept empty tubs / bags.)
Other Items – All other items must be unopened and in the original packaging to be considered for a refund.
To be considered for a refund, Kanibi must receive the respective item within ninety (90) days of the item’s purchase date. In all cases, refunds will be made ONLY to the credit card used for the original purchase. It may take up to two (2) billing cycles for the refund credit to appear on your statement.
With regard to all returns, Purchaser is responsible for procuring the shipment and for the merchandise arriving at Kanibi facilities.
ADDRESS THE RETURN PACKAGE TO OUR SHIPPING DEPT:
KANIBI - Returns Dept
351 E 1750 N
Vineyard, UT 84059