These terms and conditions are intended to govern your use of the website https://www.g5pf.com/ (hereinafter referred to as the "website" or the "site"), which is owned and operated by G5 Performance Fuel (hereinafter referred to as the "Company" or "G5 Performance Fuel" or "us" or "we" or "our"). G5 Performance Fuel, both on this site and in physical locations, manufactures and sells energy gels, carbohydrate mixes, and related sports nutrition products to athletes and the general public (hereinafter the "products"). By accessing this site, and/or purchasing products from this site, you are indicating your acknowledgment and acceptance of these terms of service and represent that (1) you have read, understand, and agree to be bound by the terms of service, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the terms of service personally or on behalf of the company you have named as the user, and to bind that company to the terms of service.

Please note that the terms are subject to change by G5 Performance Fuel, in its sole discretion, at any time. When changes are made, G5 Performance Fuel will make a new copy of the Terms of Service available at the site. Any changes to the Terms will be effective immediately. If you do not agree to any change(s) you should stop using the site. Otherwise, your continued use of the site constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

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Fees and payment terms

You agree to pay all fees or charges for your orders in accordance with the prices and billing terms in effect at the time your order is placed. By providing G5 Performance Fuel with your credit card number and associated payment information, you authorize us to immediately charge that payment method for all fees and charges due and payable to G5 Performance Fuel for your order, and you agree that no additional notice or consent is required. You agree to keep the billing and payment information associated with your Account accurate and up to date, and to promptly notify G5 Performance Fuel of any change in your billing address or the credit card used for payment. G5 Performance Fuel reserves the right at any time to change its prices and billing methods. Applicable sales tax and shipping charges will be calculated at checkout and added to your order total, and G5 Performance Fuel will collect and remit sales tax where required by law. 

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Business and wholesale customers. If you purchase products on behalf of a business for resale or commercial use, G5 Performance Fuel may, in its discretion, invoice you for your order. You agree to pay each invoice in full by the due date stated on the invoice or in any separate wholesale agreement or price list between you and G5 Performance Fuel. Sales tax will be added to your order unless you provide a valid resale or exemption certificate before the order is processed. If you claim a tax exemption, you are responsible for providing valid documentation, and you agree to pay any sales tax, penalties, or interest that a taxing authority assesses because a claimed exemption was invalid, and to reimburse G5 Performance Fuel for any liability or expense we incur as a result. Upon our request, you will provide evidence that any taxes for which you are responsible have been paid.

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License to use this site

Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the "Content") on this Site. This license does not allow you to make any commercial use of the Site or its Content; make any derivative use of any of our Content; download, copy, or otherwise use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. Business customers may resell our products that they have purchased from us in accordance with these Terms of Service and any applicable wholesale agreement. Anyone who resells our products may not alter, repackage, or relabel them, may not sell products that are expired, damaged, or have been improperly stored, and may not use our name, logos, or trademarks in a way that suggests they are affiliated with, endorsed by, or an authorized retailer of G5 Performance Fuel without our prior written consent. Products purchased at retail are intended for personal use. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on this Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our Site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.

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Restrictions on use

You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of a G5 Performance Fuel employee or representative, as well as of other customers or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or 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 applicable local, state, national, or international law. You may not upload advertising or other commercial content on the site, or use the site to solicit others to join or purchase from any other business, service, or organization.

You may access and use this website for purposes expressly permitted by G5 Performance Fuel. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of G5 Performance Fuel. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename, or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.

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Proprietary information

The Content accessible from this site, and any other website owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right title and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this site.

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Medical information disclaimer

This website contains general information and content about diet, health, and nutrition. This information and content is not medical advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.

The general information and content on this website are provided “AS IS” without any representations or warranties of any kind, express or implied. G5 Performance Fuel makes no representations or warranties whatsoever in relation to any health information on this website.

You must not rely on the information on this website as an alternative to medical advice from your doctor or another professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information you found on this website or in materials provided by any G5 Performance Fuel representative, none of which information is intended to be a substitute for medical diagnosis, advice, or treatment. If you are considering making any changes to your lifestyle, diet, or nutrition, including consuming any products sold to you by G5 Performance Fuel, you should consult with your doctor or another healthcare provider before doing so. This is especially important if you have diabetes or another condition that affects blood sugar, if you are pregnant or nursing, or if you have any other medical condition or take any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

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Our products are intended to be consumed as directed on the product label. Some of our products may contain caffeine or other stimulants and are not recommended for children or for people who are sensitive to caffeine; a parent or guardian should review the label before giving any of our products to a minor. Do not exceed the serving amounts on the label.

​Neither G5 Performance Fuel nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials, or other information set forth on this website or in other G5 Performance Fuel materials or provided over the phone or in email correspondence.

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Submissions

You hereby grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information you communicate to us through this site (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your Submissions. We will not be required to treat any Submission as confidential and may use any Submission in our business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind, and we will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit through this site in accordance with our Privacy Policy as set forth on this site. Further, G5 Performance Fuel 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 G5 Performance Fuel in its sole discretion.

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Use of Website disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.

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YOUR USE OF THIS WEBSITE, ITS CONTENT, AND PRODUCTS SOLD THEREIN IS AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Except for any written warranty or guarantee that we expressly publish on our site or provide with a product, we make no warranty, express or implied, that the site, our products, or any information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding the use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

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We shall not be held liable for any improper or incorrect use of the information or products purchased on this site, including use of a product other than as directed on its label, and assume no responsibility for anyone's use of the information or products purchased on this site contrary to those directions. Our products may contain, or be made in a facility that also processes, common food allergens. Allergen information is listed on each product's label, and it is your responsibility to read the label before you, or anyone to whom you provide our products, consumes them. We will not be liable if you or anyone to whom you provide our products is exposed to or comes in contact with an allergen that is disclosed on the product label. We shall not be held liable for any direct or indirect damages caused by your use of the information on this site, including but not limited to procurement of substitute goods; loss of use, data, or profits; or business interruption. Nothing in this paragraph limits any liability that cannot be limited under applicable law.

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Limitation of certain liability/Disclaimer of damages

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL G5 PERFORMANCE FUEL, ITS OWNERS, EMPLOYEES, AND AGENTS BE HELD LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR OUR PRODUCTS, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS, WHETHER OR NOT G5 PERFORMANCE FUEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OF THIS SITE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THIS SITE OR OUR PRODUCTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS, DATA, OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (5) ANY OTHER MATTER RELATED TO THIS SITE OR OUR PRODUCTS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY OF G5 PERFORMANCE FUEL FOR (A) DEATH OR PERSONAL INJURY CAUSED BY G5 PERFORMANCE FUEL'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY G5 PERFORMANCE FUEL'S FRAUD OR FRAUDULENT MISREPRESENTATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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Indemnity

You will indemnify and hold G5 Performance Fuel and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the "Indemnified Parties") harmless from all losses, damages, judgments, awards, costs, expenses, attorney's fees and expert witness fees (collectively, the "Losses") relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, or your use of, this site; (iii) your use of our products contrary to the directions or warnings on the product label or, if you purchase products for resale, your storage, handling, repackaging, relabeling, marketing, or resale of our products; or (iv) your violation of any applicable laws, rules, or regulations. You are not required to indemnify an Indemnified Party to the extent a Loss is caused by a defect in our products, by our negligence, or by our breach of these Terms of Service. The provisions of this section will survive any termination of your Account, these Terms of Service, or your access to this site.

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Laws regarding the products sold on this website

This website is intended for users located in the United States of America. If you are an athlete who is subject to drug testing or to the rules of an anti-doping agency, sports organization, league, school, or employer, you acknowledge that it is your responsibility to review the ingredients of our products and to confirm that they comply with the rules that apply to you before you purchase or use them. We do not guarantee that any of our products are permitted under the rules of any particular organization.

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Ownership, Trademark, and Copyrights

Except with respect to your Submissions, you agree that G5 Performance Fuel and its suppliers own all rights, title, and interest in the intellectual property associated with the Site and our products, including our trademarks, logos, product names, formulas, recipes, labels, packaging, and other content. Your purchase of a product gives you ownership of that physical product only and does not transfer any intellectual property rights to you. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, our products, or any other item related to G5 Performance Fuel.

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners, and software appearing on this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos, and copyrighted material appearing on this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
If you believe that your copyrighted work has been used or displayed on our Site in a way that constitutes copyright infringement, please contact us immediately.

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Dispute resolution

In the event you purchase products from G5 Performance Fuel or access any website associated with G5 Performance Fuel, you and G5 Performance Fuel agree that any claim or dispute at law or equity that has arisen or may arise, relating in any way to or arising out of any product sold by G5 Performance Fuel or your use of this site, will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

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You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any claim or dispute that has arisen or may arise between you and G5 Performance Fuel.​​

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You and G5 Performance Fuel each agree that any and all disputes or claims that have arisen or may arise between you and G5 Performance Fuel shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate (the "Agreement to Arbitrate").​

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YOU AND G5 PERFORMANCE FUEL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND G5 PERFORMANCE FUEL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of this Agreement, as a court would.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or this Agreement is void or voidable.

The arbitration will be conducted by the American Arbitration Association ('AAA') under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. Unless you and G5 Performance Fuel agree otherwise, the arbitration will take place in New York County, New York, or, at your election, by telephone or video conference.

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The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate.​ ​

If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

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Except as stated in the next sentence, if we are found to be liable to you, our liability is limited to the greater of (a) the total amount you paid for the product or products that gave rise to the claim or (b) $100.00. This limit does not apply to liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or to any liability that cannot be limited under applicable law.​​

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THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES.