Terms of Use & Policies

Website Terms of Use

Welcome to www.rivalnutrition.com (a “Website”) of Nutrivo, LLC (“Company”, “we”, “us” and “our”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Termsof Use, our Privacy Policy (available at link or address here and our Copyright Policy (available link or address here), all of which are incorporatedherein by this reference. If you do not want to agree to these Terms of Use, PrivacyPolicy or Copyright Policy, you must not use and immediately exit the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. All changes to these Terms of Use are effective immediately when posted by us. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including any registered users.

You are responsible for making all arrangements necessary for you to have access to the Website.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time if in our opinion, you have failed to comply with any provision of these Terms of Use.

You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Store copies of such materials temporarily in RAM.
Store files that are automatically cached by your Web browser for display enhancement purposes.
Print a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website, or use of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: customerservice@rivalnutrition.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

In any way that violates any applicable federal, state, local and international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly, download, use or re-use any material which does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity including, without limitation, the use of e-mail addresses associated with any of the foregoing.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of- service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the Company and its affiliates the license granted above.

You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These “Content Standards” apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or third party.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, or Privacy Policy or our Copyright Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. 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. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services or information formed through the Website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

You must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States District Court for the Northern District of Illinois, Eastern Division, or the courts of the State of Illinois located in the County of Kane, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Copyright Policy and Terms of Sale constitute the sole and entire agreement between you and __________________ with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This Website is operated by Nutrivo, LLC located at 1785 N Edgelawn Dr. Aurora, IL 60506.

All notices of copyright infringement claims should go to the copyright agent designated in our Copyright Policy.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: customerservice@rivalnutrition.com

Thank you for visiting our Website.

Copyright Policy

Nutrivo, LLC (the “Company”, “we”, “us” and “our”), owner of Rival Nutrition, takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from www.rivalnutrition.com or www.rivalusnutrition.ca (the “Website”) infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Kenneth Clingen

Clingen Callow & McLean, LLC

2300 Cabot Drive, Suite 500

Lisle, Illinois 60532

Phone: (630) 871-2600

clingen@ccmlawyer.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

We designate our Copyright Agent set forth above to receive completed Counter-Notices.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Rival Nutrition Privacy Policy

Last modified: 14 May 2021

Introduction

Rival Nutrition (the “Company”, “we”, “us” and “our”) respects your privacy and is committed to protecting it through our compliance with this privacy policy.

This privacy policy (together with our Terms of Use and any other documents referred to in it) describe (a) the personal information that we collect from you, or that you provide through www.rivalnutrition.com (www.rivalus.net) website (the “Website”), and (b) how that information may be collected, used, maintained, and disclosed by us.

Applicability

This policy applies to information we collect:

On the Website.
In email, text, and other electronic messages between you and the Website.
Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.

This policy does not apply to information we collect through any other means, or to information collected on any affiliate or third-party site or by any third-party application that may link to or be accessible from the Website. We do not have control over third-party websites and are not responsible for their privacy statements and, therefore, we encourage you to read the policies of every site that you visit.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This privacy policy may change from time to time (see Changes to Our Privacy Policy section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under age 16, please contact us at customerservice@rivalnutrition.com.

Information We Collect About You and How We Collect It

We collect personal information when you visit the Website or purchase products through Website, which may include the following (“Personal Information”):

Your name, address, telephone number, birthdate, and email address.
Credit or debit card information.
Billing and delivery addresses.
Historical data about payments received from you and details about products purchased from us.
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses) if you contact us.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
Preferences concerning marketing materials.

Our Website, apps, or servers may automatically keep an activity log of your use of the Website. Generally, we collect and store the following, which also qualifies as “Personal Information”:

Information we collect as you navigate through the Website, including usage details, IP addresses, unique device identifiers, browser type, browser language, cookies, and web beacons.
Analytics and usage information about your use of the Website.
Additional traffic data and log files such as the time of visit, date of visit, session identification numbers, and referring website addresses.
Information we receive from third parties, for example, our business partners.

Information which is statistical or demographic and does not directly or indirectly reveal your identity is aggregated information.

We do not collect information about criminal convictions and offenses, racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or sex life and sexual orientation.

We collect Personal Information when you supply us with information about yourself, as described below:

Registration. The type of Personal Information we collect when you register or create an account on the Website may include: (a) your name, address, telephone number, birthdate, and email address, and (b) passwords, usernames, and similar log-in or registration credentials. We collect and process this information to perform administrative services to you with respect to your purchases through the Website and to facilitate a customized online or shopping experience. The legal basis for the data processing is the performance of a contract. We will retain this Personal Information for as long as you use the Website.

Purchases. The type of Personal Information we collect when you check out a purchase on the Website may include: (a) your name, address, telephone number, birthdate, and email address, and (b) shipping or delivery information, (c) passwords, usernames, and similar log-in or registration credentials, and (d) credit or debit card information. We collect and process this information to process a purchase made online, to process a return or exchange, to send order confirmation receipts, and to send delivery confirmations. The legal basis for the data processing is the performance of a contract. We will retain this Personal Information for two years from the date of your last purchase through the Website.

Websites and interactive communications. The type of Personal Information we collect relating to your use of the Website may include: (a) IP addresses, unique device identifiers, browser type, browser language, cookies, and web beacons, (b) analytics and usage information about your use of the Website, and (c) additional traffic data and log files, such as the time of visit, date of visit, session identification numbers, and referring website addresses. We collect and process this information to evaluate, improve, and administer our services through the Website. The legal basis for the data processing is your consent. We will retain this Personal Information for as long as visit the Website or withdraw your consent.

Marketing communications. We may collect your email address when you sign up to receive newsletters, offers, and other marketing communications. We collect and use that Personal Information to provide you with news and marketing information. The legal basis for the data processing is your consent. You may withdraw your consent to receive such information by clicking on “unsubscribe” in the body of any promotional email or by sending an email to customerservice@rivalnutrition.com with “Unsubscribe” in the subject line of the communication. We will retain this Personal Information for as long as you show interest in the Website or until you withdraw your consent. If you have not shown interest in the Website for more than two years, we will delete this Personal Information.

Social media. When you interact with any Rival Nutrition page or account on a social media platform (e.g., Facebook, Instagram, Twitter), we may collect the Personal Information you make available to us on that platform, including any account identifier, name, or handle. The legal basis for the data processing is your consent. We will comply with the privacy policies of the corresponding platform and will only collect and store such Personal Information that we are permitted to collect on these platforms. You should refer to the privacy policies of the respect social media platforms for additional information.

Customer service. When you contact customer service, you may provide us with your name, address, email address, telephone number, and information about your request. We collect and process this Personal Information to assist you with questions, products purchased, orders, deliveries, or other issues relating to the Website. The legal basis for the data processing is your consent and performance of a contract. We will retain this Personal Information for two years.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect technical data about your equipment, browsing actions, and patterns, including:

Usage Details and IP Addresses. We may collect details of your visits to our Website, including, but not limited to, traffic data, location data, logs and other communication data, and the resources that you access, as well as information about your computer and internet connection, including your IP address, operating system and browser type, for system administration and to report aggregated information to our advertisers. This is statistical data about our users’ equipment, browsing actions and patterns, and does not identify any individual.
Cookies. For the same reason, we may obtain information about your general internet usage by using cookies. A cookie is a small file stored on the hard drive of your computer. You can learn more about cookies at www.allaboutcookies.org or www.youronlinechoices.eu. Use of cookies help us to improve our Website and to deliver a better and more personalized service by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.

You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies and upon your acceptance of our cookies through our data collection preferences, our system will issue cookies when you direct your browser to our Website. To view any pages where you must register or that are customizable to you, you must accept cookies. Cookies also are required for you to add items to your shopping cart before checking out.

Web Beacons. Pages of the Website may contain electronic images known as web beacons (also referred to as single-pixel GIFs) that permit the Company to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Web beacons may access your personal information on the Website and are only used to compile aggregated statistics concerning use of the Website. Web beacons used by us on the Website collect your IP address information and your internet provider name (or your company name if you host your own server).
Google Analytics. We use Google Analytics, a web analytics service. Google Analytics drops a cookie on your device to recognize you on an anonymous basis once you return to the Website. Google uses the information received from the cookie to store a profile of the pages you have accessed within a web session. You may refuse the collection of your data by this cooking by downloading and installing the following browser plug-in: https://tools.google.com/dlpage/gaoptout?hl=en.

Information We Collect From Third Parties

When you interact with any Rival Nutrition page or account on a social media platform (e.g., Facebook, Twitter), we may collect the Personal Information you make available to us on that platform, including any account identifier, name, or handle. However, we will comply with the privacy policies of the corresponding platform and will only collect and store such Personal Information that we are permitted to collect on these platforms.

We may also collect Personal Information about you that we receive from various third parties and public sources to enable us to verify and update information in our records. From time to time, we may provide you with the opportunity to participate in sweepstakes, contests, giveaways, or other promotions through the Website, which either we or a third party may sponsor. If you participate, then we will request certain Personal Information from you. Participation in any sweepstakes, contests, giveaways, or other promotions is voluntary and you thus may choose not to disclose this Personal Information. The requested Personal Information typically includes contact information. If we engage a third party to sponsor a sweepstakes, contest, giveaway, or promotion, we encourage you to review the sponsor’s privacy policy.

How We Use Your Information

You can browse the Website without disclosing or telling us any Personal Information. But for certain engagements, we must collect and use Personal Information. To that end, we use Personal Information to:

Complete and manage registration of your account.
Process a purchase made online.
Assist you with questions about products, delivery, billing, or other issues.
Send email receipts, order confirmations, and delivery confirmations.
Send customized mailings and emails with offers, promotions, information, or notices.
Confirm your identify to prevent fraud or theft.
Administer your participation in a sweepstakes, contest, giveaway, or other promotion.
Evaluate, improve, and administer our services and products.

We also use Personal Information about location to:

Personalize content for you based on your preferences.
Improve products, services, and operations.
Detect and investigate activity that is illegal or that violates our terms of use.
Perform statistical, demographic, and marketing analyses of Website users, including their purchase patterns.

Your Personal Information will only be used for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and will explain the legal basis which allows us to do so.

Disclosure of Your Information

Personal Information includes aggregated, non-personally identifying information that does not identify a user of the Website or cannot otherwise be linked or connected with them. We may disclose this aggregated information for research purposes and to operate, analyze, improve, and optimize our Website.

We do not disclose Personal Information collected by us unless as otherwise set forth in this Privacy Policy. We will not sell, rent, or license any Personal Information as part of a customer list or similar transaction. When information is shared with a third party, that party will be instructed only to use your Personal Information to the extent necessary to perform the contracted function. We may share Personal Information with:

A delivery service when we process a purchase or when a return is shipped.
A contracted service provider to perform some aspect of the Website operations (e.g., payment processing).
A business party to which a Rival Nutrition business is sold, transferred, or used as security as part of that transaction.
Law enforcement officials or judicial authorities when required of Rival Nutrition or its service providers.
Appropriate persons or entities in conjunction with debt collection where you owe a debt to us, or in conjunction with fraud prevention.
To contractors, service providers, and other third parties we use to support our business in the areas of IT, credit card processing, and system administration services.
To professional advisors who provide consulting, banking, legal, insurance, and accounting services.
To advertisers or related service providers with which we have a marketing relationship to send you information we believe will be of interest to you.
To fulfill the purpose for which you provide information to us.
For any other purpose disclosed by us when you provide the information.
With your consent.

Your Legal Rights

You have the right to:

Request access to your Personal Information. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction to your Personal Information that we hold. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data provided.

Request erasure of your Personal Information. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to remove your personal data where your right to object to processing was successfully exercised. We may not always be able to comply with your request for specific legal reasons of which you will be notified at the time of your request.

Change your marketing preferences or remove yourself from our mailing lists. You may click on the “unsubscribe” link in the footer of promotional emails. You also may contact us at customerservice@rivalnutrition.com, with the subject line “Unsubscribe.”

Restrict processing of your Personal Information. Under certain conditions, you may ask that we restrict the processing of your Personal Information.

Object to processing of your Personal Information. Under certain conditions, you may object to our processing of your Personal Information.

Port your Personal Information. You may request that we transfer the Personal Information we have collected about you to another organization, or directly to you, under certain conditions.

Where our processing of data about your Personal Information is based on consent, you may withdraw consent at any time. Withdrawal of consent will not affect the lawfulness of processing the request before withdrawal.

To make any data subject request, contact us via email at customerservice@rivalnutrition.com and mark in the subject line “Data Subject Request.” We have up to one month to respond to any of the foregoing requests.

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Your Rights and Choices (California Residents)

The California Consumer Privacy Act of 2018 provides California residents with specific rights regarding their Personal Information. This section applies only to California residents and describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:

The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Our business or commercial purpose for collecting or selling that Personal Information.
The categories of third parties with whom we share that Personal Information.
If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
- The specific pieces of Personal Information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

Calling us at: (630) 270-1007
Emailing us at customerservice@rivalnutrition.com

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email customerservice@rivalnutrition.com and describe the nature of your request and when you made it.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

We have not sold Personal Information in the preceding 12 months.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

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Data Security

We maintain administrative, technical, and other safeguards designed to prevent unauthorized access to, use of, or disclosure of Personal Information. We use reasonable technological processes and security measures to protect the Website. Even with the best technology, no website is perfectly secure against an authorized intrusion or access of Personal Information we collect and maintain.

When you place orders through the Website, all of your order information (including Personal Information, such as a credit card number) is transmitted through the internet using Secure Sockets Layer (SSL) technology to encrypt and secure order data before sending it to a secure server. This technology is designed to prevent someone other than us or a service provider with which we engage from capturing and viewing your Personal Information. If your web browser cannot support this level of security, you will not be able to order products through the Website.

Outside Links

This Privacy Policy applies to the Website only. If the Website includes links to other vendors, business partners, advertisers, or service providers, then information you submit to them is outsider our control. We recommend you visit their privacy policies or statements for more information about these third party practices.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to this privacy policy, we will notify you through a pop-up notice posted on the Website.

Contact Information

If you have any questions about this Privacy Policy, including our collection of Personal Information, you may contact us at customerservice@rivalnutrition.com, indicate in the subject line “Privacy Policy Question,” and describe in the body of the communication the nature of your question. Please allow up to seven business days for us to reply.

Statement in Compliance with

California Transparency in Supply Chains Act

The California Transparency in Supply Chains Act of 2010 (the “Act”) requires certain retailers and manufacturers doing business in California to provide information regarding their efforts to eliminate slavery and human trafficking in their supply chains. In compliance with the Act, this statement is provided on behalf of Nutrivo, LLC, Rival Nutrition, and their respective affiliates (the “Companies”).

Verification. The Companies do not engage in verification of product supply chains to evaluate and address risks of human trafficking and slavery, and no such efforts are conducted by a third party.

Audits. The Companies do not conduct audits of suppliers to evaluate compliance with the Companies’ standards for trafficking and slavery in supply chains.

Certifications. The Companies do not require direct suppliers to certify that materials incorporated into products comply with the laws regarding slavery and human trafficking of the country or counties in which they are doing business.

Accountability. The Companies do not maintain internal accountability standards and procedures for employees or contractors failing to meet the Companies’ standards regarding slavery and trafficking.

Training. The Companies do not provide employees and management, who have direct responsibility for supply chain management, with training on slavery and human trafficking, particularly with respect to mitigating risks within the supply chains of products.