Terms of service

SLAY Nutrition LLC (“SLAY”)

Welcome to SLAY! The terms “we”, “us” and “our” refer to SLAY Nutrition LLC (“SLAY”). SLAY operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). SLAY is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

IMPORTANT NOTICE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS. THE AGREEMENT TO ARBITRATE REQUIRES, WITH LIMITED EXCEPTIONS, THAT YOU AND SLAY RESOLVE DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND THAT YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. SEE THE DISPUTE RESOLUTION SECTION BELOW.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Dietary Supplement Disclaimer: Statements regarding our products have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. The information provided on our Services, including any advice or recommendations, is for general informational purposes only and is not intended as, and should not be relied upon as, medical or healthcare advice, and is not a substitute for professional advice and services from a qualified healthcare provider familiar with your unique circumstances. Always seek the advice of your physician or other qualified healthcare provider before taking any dietary, nutritional, herbal, or similar supplement, particularly if you are pregnant or nursing, anticipate surgery, are taking any medications, have a known history of medical conditions or illnesses, or are otherwise under medical supervision. Keep all products out of the reach of children. Discontinue use and consult your doctor immediately if you experience any adverse reaction. Individual results may vary.

If you purchase a subscription, subscribe-and-save, or other recurring ("auto-ship") product through the Services, the following additional terms apply:

Recurring Charges. By enrolling in a subscription, you authorize us to automatically charge your designated payment method on a recurring basis (for example, monthly, or at the interval you select at checkout) until you cancel. The subscription price, billing frequency, and initial term will be clearly disclosed to you before you complete your purchase.

Cancellation. You may cancel your subscription at any time before your next billing date. You may cancel online through your account or by contacting us at care@slaynu.com; we will not require you to cancel exclusively by phone. Cancellation takes effect for the next billing cycle, and no partial refund will be issued for the then-current billing period unless required by law or expressly stated in our Refund Policy.

Renewal and Price Change Notices. Where required by California's Automatic Renewal Law or other applicable law, we will provide advance notice before your subscription automatically renews at a materially changed price, before it converts from a trial or promotional offer into a paid recurring subscription, or before any other price increase takes effect, and you will have the opportunity to cancel before the change takes effect.

Billing Information. You agree to provide current, complete and accurate billing information and to promptly update it (including changes to your billing address, card number, or expiration date) so that we can process your recurring charges. You must promptly notify us if your payment method is cancelled or is no longer valid.

If you participate in the SLAY Referral Program (a "Referrer"), the following additional terms apply, together with the rest of these Terms of Service and our Privacy Policy:

Qualified Referral. A Qualified Referral occurs when a new customer (a "Referred Customer") places their first order with SLAY using the Referrer's unique referral discount code. The Referred Customer must have no prior purchases from SLAY to qualify.

Rewards. When a Qualified Referral is completed, both the Referrer and the Referred Customer will each receive a store credit reward. Store credit rewards may be applied only toward future purchases in our online store and are not redeemable for cash, gift cards, or any other form of payment. The value of referral rewards is subject to change at any time in our sole discretion. There is no limit to the number of referral rewards a Referrer may earn.

No Spam. You must comply with all applicable anti-spam laws when sharing your referral code or link. Any distribution of your referral code that constitutes unsolicited commercial email, text message, or other communication under applicable law is prohibited and may result in immediate removal from the program and forfeiture of any pending rewards.

Fraud and Abuse. We reserve the right to withhold or reverse any referral reward, and to suspend or terminate a customer's account, if we determine, in our sole discretion, that the Referral Program is being used in a fraudulent, abusive, or otherwise improper manner.

Right to Modify or Cancel. We reserve the right to modify, suspend, or terminate the Referral Program, or these Referral Program terms, at any time in our sole discretion. Any unclaimed or unredeemed referral rewards may be forfeited upon such modification, suspension, or termination.

When you place an order, you are making an offer to purchase. SLAY reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until SLAY confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as SLAY may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Orders placed through the Services are for personal or household use only, and you may not purchase products for resale, export, or commercial distribution. If we determine, in our sole discretion, that you are purchasing products for a prohibited purpose, or that an order appears to be fraudulent, including the use of a stolen or unauthorized payment method, we may cancel the order, suspend or terminate your account, and pursue any available remedies, including reporting suspected fraudulent activity to law enforcement.

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. We currently ship only within the United States.

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by SLAY, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services 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 the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of SLAY, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SLAY.

SLAY's names, logos, product and service names, designs, and slogans are trademarks of SLAY or its affiliates or licensors. You must not use such trademarks without the prior written permission of SLAY. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

It is SLAY's policy to respect the copyright and other intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights of any person, and we may suspend or terminate the access of users who repeatedly infringe such rights.

If you believe in good faith that content available through the Services infringes your copyright, please send a notice to our copyright agent that includes: (1) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work you claim has been infringed; (3) a description of where the allegedly infringing material is located on the Services, with enough detail that we can locate it; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices should be sent to our copyright agent at care@slaynu.com.

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SLAY is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with SLAY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and SLAY, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with SLAY.

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here: https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

Subject to the license granted in the Feedback section above, if you or another user submits, posts, or publishes any reviews, comments, photos, videos, or other content to the Services that is visible to other users or the public ("User-Generated Content"), the license, representations, and warranties set out in the Feedback section apply equally to that User-Generated Content.

We do not review, verify, or endorse User-Generated Content before or after it is posted, and any views, opinions, or claims expressed in User-Generated Content are solely those of the person who posted it and do not reflect the views of SLAY. We are not responsible or liable to you or to any other person for the accuracy, completeness, or reliability of any User-Generated Content, including any product reviews, and you should not rely on User-Generated Content as a substitute for the guidance in Section 2 (Our Products) or for the advice of a qualified healthcare professional. We have the right, but not the obligation, in our sole discretion, to monitor, edit, or remove any User-Generated Content, or to take other action against a user who posts content that violates these Terms.

Usage Data. You authorize SLAY and our service providers to derive statistical and aggregate usage data relating to your use of the Services and our products ("Usage Data"). Usage Data does not identify you personally and is separate from the personal information addressed in our Privacy Policy. We may use Usage Data for any purpose permitted by applicable law, including to operate, evaluate, and improve the Services and our products.

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). If a pricing or other error causes your order to be canceled after your payment method has already been charged, we will refund the full amount charged.

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm SLAY, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

18.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

18.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 18.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

18.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

18.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

We are committed to making our Services accessible to all customers, including individuals with disabilities. If you experience difficulty accessing any part of our Services, or would like to request an accommodation, please contact us at care@slaynu.com and we will make reasonable efforts to assist you.

When you use the Services or send us communications by email or other electronic means, you are communicating with us electronically. You agree that we may communicate with you electronically, and that such communications, along with any notices, disclosures, agreements, and other communications we provide to you electronically, satisfy any legal requirement that such communications be in writing and shall have the same force and effect as if they were in writing and signed by the sending party.

By clicking a button such as "I Agree," "Place Order," "Submit," or a similar button, or by otherwise completing a checkout process on the Services, you are providing a legally binding electronic signature and entering into a legally binding agreement. Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act and other applicable law, you agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Services, and you waive any right or requirement under applicable law that requires an original, non-electronic signature or the delivery or retention of non-electronic records.

By providing us with your phone number, you consent to receive calls and text messages, including autodialed and pre-recorded messages, from or on behalf of SLAY relating to your account, orders, and promotional offers, at the phone number you provide, even if that number is registered on a state or federal Do Not Call list. Message and data rates may apply, and you are responsible for any charges from your telephone carrier. You may withdraw your consent to receive marketing calls or text messages at any time by following the unsubscribe or opt-out instructions provided in the applicable communication, by replying "STOP" to a text message, or by contacting us at care@slaynu.com. To the extent permitted by applicable law, calls with our customer service team may be monitored or recorded for quality and training purposes. Your consent to receive marketing calls or texts is not required as a condition of any purchase.

We will not be liable or responsible for any failure or delay in the performance of our obligations under these Terms, including the shipment or delivery of products, to the extent such failure or delay is caused by events or circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or other public health emergency, war, terrorism, labor disputes, supplier or carrier delays, government action, or failures of telecommunications or utility services.

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual Property, Copyright Policy, Feedback, User-Generated Content, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

The information presented on or through the Services is made available solely for general information purposes. 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 Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY SLAY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SLAY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

You agree to indemnify, defend and hold harmless SLAY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH US ON AN INDIVIDUAL BASIS.

Agreement to Arbitrate. You and SLAY agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Services, or any products purchased through the Services (each, a "Dispute") 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 arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, validity, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is unconscionable or illusory, and any defense to arbitration such as waiver, delay, laches, or estoppel.

Arbitration Administrator and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at www.adr.org. Payment of filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator and may be conducted by telephone, based on written submissions, or in person in the county where you reside, unless you and SLAY agree otherwise.

Class Action Waiver. YOU AND SLAY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and SLAY agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Public Injunctive Relief. Nothing in this section is intended to, or shall be construed to, waive any right to seek public injunctive relief that cannot, as a matter of applicable law, be waived through arbitration or a class action waiver. If a claim for public injunctive relief cannot be waived under applicable law, that specific claim will be severed and may proceed in court, while any remaining claims will be resolved through individual arbitration as set out in this section.

Mandatory Pre-Dispute Notice. Before commencing arbitration, you and SLAY agree to first give the other party an opportunity to resolve the Dispute by sending a written notice of Dispute to the other, stating the sender's name, address, and contact information, the facts giving rise to the Dispute, and the relief requested. Notices to SLAY should be sent to care@slaynu.com. Notices to you will be sent to the email or mailing address we have on file. The parties agree to attempt in good faith to resolve the Dispute through informal negotiation for 30 days after the notice is received before either party commences arbitration. This informal negotiation requirement does not apply to an individual action filed in small claims court.

Mass Arbitration. If 20 or more similar arbitration demands are submitted to the AAA by or with the assistance of the same law firm, group of law firms, or organization within a short period of time such that the AAA determines its mass arbitration or batch procedures apply, the parties agree that those procedures (including batched administration and filing fees) will govern, and this provision shall not be interpreted as authorizing class or mass arbitration itself. If a court or arbitrator determines that this provision is unenforceable, or that arbitration may proceed on a class or mass basis without regard to this provision, the arbitration agreement in this section shall be deemed null and void as to the affected Dispute(s), and those Disputes shall instead be resolved exclusively in the state or federal courts located in San Diego County, California.

Opt-Out Right. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to care@slaynu.com with the subject line "Arbitration Opt-Out," including your name and the email address or order number associated with your account. If you opt out of arbitration, all other provisions of these Terms will continue to apply to you.

Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misuse of intellectual property rights.

Time Limit on Claims. Any Dispute must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred, meaning that neither you nor SLAY will have the right to assert the claim.

Changes to This Arbitration Agreement. If we change this Dispute Resolution section after the date you first accepted these Terms, you may reject the change by sending written notice to care@slaynu.com within 30 days of the change becoming effective, in which case the version of this section you originally accepted will continue to govern any Dispute between you and SLAY.

Injunctive Relief for SLAY. Notwithstanding this agreement to arbitrate, SLAY may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened breach of these Terms, without waiving any other remedy available to us.

Severability of This Section. If the class action waiver in this section is found to be unenforceable as to a particular Dispute, then the entirety of this arbitration section shall be null and void as to that Dispute only, and that Dispute shall instead be resolved exclusively in the state or federal courts located in San Diego County, California, as set out in the Governing Law section of these Terms.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, and applicable U.S. federal law. Subject to the Dispute Resolution section above, you and SLAY consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California.

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following consumer rights notice: if you have a question or complaint regarding the Services, please contact us at care@slaynu.com. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at care@slaynu.com. Our contact information is posted below:

SLAY Nutrition LLC

care@slaynu.com

1111 6th Ave STE 550 #941795, San Diego, CA 92101