Terms & Conditions

By placing an order on JayCutler.com, you agree to our terms and conditions and our return policy. 

 

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER www.JayCutler.com AS THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES . THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

 

Your use of www.JayCutler.com (hereafter the “Website”), which is owned and maintained by Cutler Nutrition LLC (“Cutler Nutrition LLC,” “we”, “our”, “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

 

THIS IS A BINDING AGREEMENT. THESE TERMS OF USE AND TERMS & CONDITIONS OF SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) AND Cutler Nutrition LLC AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

 

  1. Privacy & Security; Disclosure

Our privacy policy may be viewed at https://jaycutler.com/pages/privacy-policy. We reserve the right to modify our privacy policy in our reasonable discretion from time-to-time.

 

  1. Products Sold for Personal Use Only

You agree that any products you purchase from Cutler Nutrition LLC and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.

 

  1. Payment Methods

All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover. We also accept payment through PayPal or Amazon Pay.

 

When placing an order online, you will need:

 

  1. The address the card’s statement is sent to (billing address).
  2. The card number and expiration date.
  3. The 3 or 4 digit code found only on the card (CVV2 code)

 

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

 

We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

 

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

 

  1. Ordering Disclaimer

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will be refunded back to your original form of payment. We reserve the right to require additional information before processing any order.

 

  1. Shipping Policies

Important Update Regarding COVID-19 & Order Tracking (May 15th, 2020)

We have been told by our USPS & UPS reps that all orders are being "moved" within their systems packages are indeed moving in the system but scans are being missed due to COVID-19 reducing workforce while there is a massive increase in shipping volume at this time. 

I know it's not ideal as its causing some delays and its super frustrating, but please understand we are just as frustrated. 

Our policy at this time is that we are allowing ten (10) full business days for orders to have updated tracking information. In the event that tracking does not update after 10 business days, we will reship your order at no additional cost to you. As per our terms and conditions, we cannot refund orders that have already been shipped.

We appreciate your understanding while we navigate this mess. We just please ask for patience when it comes to order delays during this pandemic.

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We ship orders within the 50 United States via USPS or UPS. Depending on product availability, orders shipped usually arrive within 2 to 6 business days. An accurate shipping address is required and a phone number is optional. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact cs@jaycutler.com immediately. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions. If an order has been shipped and a customer notices the wrong address, Cutler Nutrition LLC is not responsible for redirecting the shipment to the correct address or bearing the cost with changing an address mid-transit. Cutler Nutrition LLC will not reship or refund orders that have been delivered to an incorrect address that was provided by the customer.

We also deal with the below on a case by case basis:

Packages Lost By Shipping Carrier (Never Delivered) And/Or Damaged In Transit

  • Cutler Nutrition will reship it at no additional cost. 
  • Cutler Nutrition will not refund an order if it is lost or damaged in transit.
  • A package is considered “Lost” when 7 days have passed and the tracking information has not updated in status and not delivered. 
  • If a package is damaged, please email cs@jaycutler.com with images of the damages. 

Package Was Shipped, But Customer Realized Afterwards the Address Is Incorrect

  • As stated above, we try our best to dispatch orders as fast as possible to offer the best customer experience, so it's hyper critical to make sure your shipping address is entered correctly.
  • If an order has been shipped and a customer notices the wrong address, Cutler Nutrition is not responsible for redirecting the shipment to the correct address or bearing the cost with changing an address mid-transit.
  • Cutler Nutrition will not reship or refund orders that have been delivered to an incorrect address that was provided by the customer.

Package Was Delivered To Wrong Address

  • Any orders delivered to the wrong address due to a customer error are non-refundable and will not be reshipped. 
  • If an order has been shipped and a customer notices the wrong address, Cutler Nutrition is not responsible for redirecting the shipment to the correct address or bearing the cost with changing an address mid-transit.
  • We try our best to dispatch orders as fast as possible to offer the best customer experience, so it's hyper critical that you check your order summary prior to placing your order.
  • Cutler Nutrition will not reship or refund orders that have been delivered to an incorrect address that was provided by the customer.

 Package Was Delivered To Correct Address & Cannot Be Located

  • All orders marked as “Delivered” with valid tracking information cannot be refunded if the customer cannot locate the item. 
  • The customer will need to contact the shipping carrier directly on where the package was left. (Check with neighbors - sometimes they leave it there by accident!)
  • Cutler Nutrition will not reship or refund orders that have been delivered to an incorrect address that was provided by the customer.
  • Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

 Package Was Returned to Sender

  • We cannot process or refund orders marked “Return to Sender.” It is crucial for the customer to ensure they enter their correct shipping address.

 Customer Requests an Exchange

  • Cutler Nutrition may allow an exchange of a product if the product is unopened at its sole discretion. 
  • In the event Cutler Nutrition approves an exchange of product (I.e., sends an additional product at no extra charge), the customers right for a future refund is voided. 
  • This is because the customer is acknowledging that Cutler Nutrition has sent two products and paid for shipping twice to attempt to please the customer. Refunds or returns will not be honored after an exchange has been made. 

Free Gifts or Clearance Stock

  • Clearance (must-go stock) item sales are final. Due to the heavy discount these items receive, we will not accept returns, exchanges, or allow refunds. 
  • Free Gifts with Purchase or Mystery Item Gifts with Purchase are also exempt from returns or exchanges.

International Shipping Policy 

“International” is considered all orders placed out of the United States of America. We try our best to dispatch orders as fast as possible to offer the best customer experience, so it's hyper critical that you check your order summary prior to and after placing your order. Most brands can't come close to offering same day shipping like we can and it's a huge reason why many people shop with us.

All orders are fulfilled in our own warehouse in Nevada or Pennsylvania. After an order is placed, emails are sent to confirm your order and your details. It is your responsibility to double check order confirmation emails to ensure the correct shipping address is provided. 

All in stock orders (not including pre-orders) are shipped within 1-2 business days. Most domestic shipments will take 5-14 business days for delivery. Upon shipment, you will receive an email with updates on your order that also includes your tracking number to track the status of your order.

Important International Restrictions

Each and every country has different laws and therefore different regulations about the merchandise that you purchase. Before you place your order, please make sure that your local customs laws are in accordance with your purchase, especially as customs are strict with dietary supplements. It is your responsibility for what is and what isn’t legal in your country.

We always ship discreetly to maximize your privacy. We cannot and will not be held responsible for any taxes, duties, tariffs, or packing fees asserted by your local customs office. These charges are separate from your shipping fees and your responsibility.

Cutler Nutrition will not ship to any product(s) to any country that may require any type of license and we will not be held liable for any issues at your local post office or not delivered back to us. No refunds will be given for any product seized at your local customs office or not delivered back to us. By ordering from Cutler Nutrition, you are stating that you agree to our international shipping and return policy.

All sales are final on all international sales and no returns will be considered. Items seized or lost in customs are deemed the customers responsibility and damaged packages are the only packages that will be re-shipped.

 

  1. Delivery Confirmation

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

 

  1. Subscription – Renewal and Cancellation Terms

If you go to the Website to purchase a product, you may have the option of buying a product one time, or purchasing a subscription. If you purchase a subscription, it is automatically billed based on the frequency you can choose at the time of sign up to the credit card you provided when you purchased the subscription and mailed to you, until you cancel the subscription. If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription twenty-four (24) hours prior to your next shipment going out in order to not receive your next scheduled order. To cancel your subscription, simply email us at cs@jaycutler.com.

 

  1. Satisfaction Guaranteed 30 Day Return Policy

If you are unsatisfied with our product, or if it arrives damaged, you may return the unused portion thirty (30) days from the order date for a refund (minus a 15% return/restocking fee and return shipping and handling) according to the following terms. 

 

The following terms apply for all returned items: 

  • A 15% Return / Restocking Fee and the cost of return shipping and handling is deducted from the final price paid.

 

To return a product for an exchange or full refund simply email us at cs@JayCutler.com and you will be given a return shipping label to send your package back via USPS.

  • We cannot process or refund packages marked “Return to Sender.”
  • Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
  • Shipping charges and return shipping charges are not refundable in any case.
  • To ensure a refund is processed for you, please send returns to the address provided. 

Cutler Athletics accepts exchanges under the following terms:

 

1) Items must be unwashed, unworn, must be free of stains, makeup, deodorant, or wear.

2) Items can only be exchanged within 30 days of purchase date.

3) Items must be in original condition as received and in it's original packaging.

 

We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.

 

After the shipping department receives your return, it generally takes 5-7 business days or sooner to process your refund. Once a return is processed, it usually takes 30 business days for this return to be posted to your account, depending on your financial institution.

 

  1. Price Changes

We reserve the right to adjust pricing for our products and subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) will take effect following email notice to you.

 

  1. Price Mistakes

Despite our best efforts, sometimes a pricing error happens on our Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

  1. Chargeback Policy

A “chargeback” is a reversal of a credit/debit card charge placed over www.JayCutler.com. It is Cutler Nutrition’s view that chargebacks are generally unnecessary and Cutler Nutrition strives to amicably resolve any disputes that you may have about billing issues. If a credit is due, simply contact us and we will gladly issue it. If you feel that your credit/debit card was used fraudulently on www.JayCutler.com, please contact us for immediate resolution.

 

  1. Your Results Will Vary

Every person has a different body and history, and, therefore, individual results will vary from customer to customer. WHILE Cutler Nutrition PRODUCTS HAVE HELPED THOUSANDS OF PEOPLE, YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE. IF YOU ARE NOT SATISFIED WITH YOUR RESULTS, YOUR ONLY REMEDY IS TO RETURN THE PRODUCT FOR A REFUND OR EXCHANGE IN ACCORDANCE WITH THE SATISFACTION GUARANTEED 30 DAY RETURN POLICY SET FORTH ABOVE IN SECTION 8. Remember that exercise and a healthy diet are an important part of any lifestyle!

 

  1. No Medical Diagnosis or Treatment

Cutler Nutrition is committed to helping you lose weight and improve your lifestyle. You understand, however, that our products and the statements on the website have not been evaluated by the Food & Drug Administration or medical professionals, and our products and the information on the Website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. The information on the Website or provided to you in emails or other communications  is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You further understand that our products are not intended for use by persons under eighteen (18) years of age and that the products are not to be used to treat any type of medical condition or health problem. You agree that you will cease immediately from using our products if you experience any ill effects or unintended side effects of any product. Cutler Nutrition does not warrant or represent that all information about our products is error-free. All product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Cutler Nutrition does not warrant or represent that our products will provide you with any particular benefits, or that your results will match those of others who use our products.The representations and product disclaimers described above are inapplicable where prohibited by law.

 

  1. Disclaimers of Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW,

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL Cutler Nutrition OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER Cutler Nutrition HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Cutler Nutrition IS FOUND LIABLE UNDER ANY THEORY, Cutler Nutrition’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER Cutler Nutrition WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CONSUMERS IN NEW JERSEY.

 

  1. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

 

  1. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Cutler Nutrition, or any involved third party relating to your account, your use of the Website, your relationship with Cutler Nutrition, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Cutler Nutrition or any third party related to your use or attempted use of the products. You, Cutler Nutrition, or any involved third party may pursue a Claim. Cutler Nutrition agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Cutler Nutrition. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

 

  1. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Cutler Nutrition both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Cutler Nutrition will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Las Vegas, Nevada: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Cutler Nutrition for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Las Vegas, Nevada, and forever waive any challenge to said courts’ jurisdiction and venue.

 

  1. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Cutler Nutrition, Attn: Legal Department, 3625 W Teco Ave Suite 5, Las Vegas, NV 89118. Cutler Nutrition will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Cutler Nutrition or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Las Vegas, Nevada to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

 

  1. Commencing Arbitration

You and Cutler Nutrition agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

 

  1. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Las Vegas, Nevada unless Cutler Nutrition otherwise agrees to arbitrate in another forum requested by you.

 

  1. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Cutler Nutrition.

 

  1. Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

 

  1. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Nevada without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

  1. Enforceability

This provision survives termination of your account or relationship with Cutler Nutrition, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

 

  1. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Cutler Nutrition and shall not be modified except in writing by Cutler Nutrition.

 

  1. Amendments

Cutler Nutrition reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Cutler Nutrition product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Cutler Nutrition will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Cutler Nutrition product, is affirmation of your consent to such material changes.

 

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT Cutler Nutrition, Attn: Legal Department, 3625 W Teco Ave Suite 5, Las Vegas, NV 89118. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

 

  1. Use of this Website

This Website and its contents, features, functionalities, information, text, trademarks, displays, photographs, graphics, and designs (collectively, “Cutler Nutrition Content”) are owned or licensed by Cutler Nutrition.  The Website and the Cutler Nutrition Content are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Except as otherwise provided herein, this Website, the Cutler Nutrition Content, or any portion of this Website may not be reproduced, duplicated, copied or otherwise exploited for any purpose without our express written consent. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.  You acknowledge and agree that if you use the Website or any other Cutler Nutrition Content in violation of these Terms of Use or any laws or regulations, you may be subject to civil liability or criminal prosecution.

 

  1. Testimonials, Reviews and Suggestions

Cutler Nutrition may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Cutler Nutrition’s products, in printed and online media, as Cutler Nutrition determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 13 above, your results will vary depending upon a variety of factors unique to you, such as your health, genetics, diet, and level of exercise.

 

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us.  All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

 

Additionally, Cutler Nutrition reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Cutler Nutrition shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

 

  1. Cutler Nutrition Additional Remedies

In order to prevent or limit irreparable injury to Cutler Nutrition, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement or any infringement or threatened infringement by you of the intellectual property of Cutler Nutrition or a third-party, Cutler Nutrition shall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Cutler Nutrition from pursuing any other remedies available to it for such breach, threatened breach, infringement or threatened infringement, including the recovery of monetary damages from you.

 

  1. Modification to Terms

We may, from time to time, change these Terms, including the Privacy Policy.  We may notify you of such changes by posting the new Terms on the Website or by sending you a notice (if applicable).  Such revisions shall be effective immediately; provided however, for existing subscriptions, such revisions shall, unless otherwise stated, be effective 30 days after posting.  Your continued use of the Website following the update of the Terms shall mean that you accept and agree to the changes.

 

  1. General

These Terms shall be governed by Nevada law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms or any products or services you receive from us shall be subject to the exclusive jurisdiction of the state and federal courts located in Nevada.

 

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

 

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms, along with the order form you fill out to purchase a product or sign up for a trial or subscription, comprise the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Sections 2, 14 through 18, 20, and 22 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Cutler Nutrition.

 

  1. Questions or Additional Information:

You may contact us by emailing cs@jaycutler.com!

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Cutler Nutrition (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply. 


User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at CS@JAYCUTLER.COM.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

-       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Las Vegas, NV before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Cutler Nutrition’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.