Secure Shopping Guarantee
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.
We have established a Secure Shopping Guarantee for every transaction that you make with www.gnc.com. Should any unauthorized charges appear on your credit card as a result of shopping with www.gnc.com, you must notify your credit card provider in accordance with its reporting rules and procedures.
We will cover the liability of purchases made through this web site only if the unauthorized use of your credit card resulted through no fault of your own. If your bank holds you responsible for fraudulent charges, we will cover your liability up to $50.00.
Terms & Conditions
Last Updated: August 31, 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
The policies below are applicable to the General Nutrition Corporation ("GNC") network of websites, including the website located at www.gnc.com (including any versions optimized for viewing on a wireless or tablet device); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by GNC, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by GNC (collectively "GNC" or "we", "us", or "our") ("Web Site").
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
- 1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.gnc.com (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. General Nutrition Corporation ("GNC", "we" or "us") and its service suppliers which operate this Web Site pursuant to agreements with GNC, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
- 2. Ordering, Shipping and Returns. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from this Web Site in accordance with our Return and Exchange Policy found [here]. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
- 3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- 4. Fees. For all charges or deposits for any events, products and/or services ordered by you on or through the Web Site, GNC or its vendors or agents will bill your bank card or alternative payment method offered by GNC and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse GNC and its vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
- 5. Account Registration and Security. You understand that you may need to create an account to place orders and to have access to all of the parts of the Web Site. In order to use those restricted portions of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GNC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GNC has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Web Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
- 6. Use of this Web Site. The design of this Web Site and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this Web Site are © General Nutrition Corporation or its respective affiliates or suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.
- 7. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of GNC and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of GNC or such other owner.
- 8. Linking to this Web Site. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
- 9. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by GNC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
- 10. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- 12. Recipes. As part of the Web Site, GNC may offer recipes and information dealing in the preparation of food and beverages and GNC allows recipe submissions by various sources, including users of the Web Site. GNC in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Web Site and prepared are done so "at your own risk". GNC is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this Web Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on this Web Site.
- 13. Contests, Sweepstakes and Games. From time to time GNC may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
- 14. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GNC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER GNC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST GNC, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.
- 15. LIMITATIONS OF LIABILITY. Neither GNC nor its affiliates nor suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL GNC, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
- 16. Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GNC HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and GNC agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Web Site, (ii) any purchases or other transactions or relationships with GNC, or (iii) any data or information you may provide to GNC or that GNC may gather in connection with such use, interaction or transaction (collectively, "GNC Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Web Site, or engaging in any other GNC Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Web Site, you agree that any complaint, dispute, or disagreement you may have against GNC, and any claim that GNC may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our Privacy Statement, or any GNC Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, GNC agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
- (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GNC (the "Arbitrator");
- (b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
- (c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GNC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
- (d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- (e) No Class Relief. The Arbitration can resolve only your and/or GNC's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- (g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GNC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
- (h) Reasonable Attorney's Fees. In the event you recover an Award greater than GNC's last written settlement offer, the Arbitrator shall also have the right to include in the Award GNC's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but GNC shall in all events bear its own attorneys' fees; and
- (i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GNC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
- (j) Modification of Arbitration Clause With Notice. GNC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after GNC has given notice of such modifications and only on a prospective basis for claims arising from GNC Transactions and Relationships occurring after the effective date of such notification.
- (k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GNC in your local small claims court within the U.S., if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
- 17. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
- 18. Health Related Information. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with GNC) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
- 19. Indemnity. You agree to indemnify and hold GNC and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
- 20. Domestic Use; Export Restriction. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
- 21. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
- 22. Right to Takedown Content. GNC shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the Web Site or any part thereof.
- 23. General. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- 24. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at GNC, Marketing Department - 14th Floor, 300 Sixth Avenue, Pittsburgh, PA 15222, Attn: Privacy Manager or e-mail us at email@example.com. Alternatively, you may call us toll-free at 1-877-GNC-4700.
- 25. Entire Agreement. These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between GNC and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
- 26. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
MYGNC REWARDS AND MYGNC PRO ACCESS NATIONAL TERMS AND CONDITIONS
Last Updated: April 23, 2018
The myGNC Rewards Program ("Program") is a loyalty program sponsored by and operated by General Nutrition Corporation (“GNC”). The following Program terms and conditions (“T&C”) govern your membership in the Program. Participation in the Program subjects members of the Program ("Members") to these terms and conditions and as they may be periodically amended or updated at www.gnc.com. Any updated T&C replace all previously-published T&C or policies. Members have the responsibility to check for any updates to the Program or the T&C. If the T&C are updated, any changes will apply to all Members, including Members enrolled before GNC posts the updated text, except as may be prohibited by law. No changes to the T&C will apply retroactively unless we provide you with specific notice. Occasionally GNC may test or make available new offers, promotions or program benefits with a certain subset of Members based on factors within GNC’s sole discretion, except as may be prohibited by law. Every Member is not entitled to participate in every new offer, promotion or program benefit offered through the Program. GNC MAY CHANGE THESE T&C, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE, EVEN THOUGH CHANGES MAY AFFECT THE BENEFITS AVAILABLE TO MEMBERS AND/OR THE VALUE OF THE POINTS ALREADY ACCUMULATED BY A MEMBER.
The Program is a loyalty rewards program offered by GNC to its customers located in the United States. Membership in the Program is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of GNC and its affiliates or franchisees are eligible for Membership but may be excluded from certain promotions. To be eligible for Membership, you must provide a valid email address, be age 13 years or older, and a legal resident of the United States. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. The Program is offered in the English language only. You may enroll in the Program by visiting a participating GNC retail location or signing up online at www.gnc.com or via the GNC LiveWell app (the “App”). Each applicant will be required to provide, without limitation, his or her name, address, telephone number and e-mail address. GNC may, in its discretion, require additional information or verification in connection with your application. You may also be asked to provide other information about yourself such as your birthdate and interests so that we may provide a more personalized program, but this information is optional. GNC reserves the right to refuse or restrict your participation in the Program for any reason. NO PURCHASE OF PRODUCTS IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law. Affiliates, partners or distributors of GNC may also have similar customer programs; Membership in the Program does not make you a member or confer any rights or benefits in the program of any other GNC affiliate, partner or distributor of GNC.
When you enroll in the Program, you consent to receive (a) transactional email regarding the status of your Account and the Program; and (b) marketing and promotional email offers and updates from the Program and from GNC and its affiliates. Members may not unsubscribe from receiving transactional email regarding the Program. Members may withdraw consent and unsubscribe from GNC and/or affiliate or partner marketing and promotional emails at any time via the unsubscribe link in that email. Members can also unsubscribe from receiving marketing and promotional email by calling 888.462.2548. Pro Members can call 866.214.2469.
As a Member, you will receive several offers during your Membership. Offers may include, but are not limited to, percent-off and dollar-off coupons, points-earning opportunities, birthday offers, shipping discounts, shopping events and other promotions. Offers will be subject to additional details, exclusions and terms. In addition, as a Member, you may receive other opportunities, such as early notification about upcoming events and sales, notification of new products and personalized recommendations.
You earn Program points whenever you make a purchase at a store or at www.gnc.com. At the store register you will need to provide your telephone number or email address registered with your Program Account (either, a “Membership Identifier”) and at www.gnc.com you will need to be logged in to your Program Account. If you provide your Membership Identifier in store at the register, you can receive updates about your Account, such as your point balance and whether you have qualified for any Rewards. You can also access your Account information online by logging into your Account at www.gnc.com or the App. Points cannot be accumulated on purchases made (a) before a Member initiates an Account or (b) under “guest” checkout at www.gnc.com when not logged in to your Program Account. Members accumulate one point for every $1 spent on any eligible product purchase when a Member's Membership Identifier is provided at time of purchase. Notwithstanding the foregoing, points and their values: (a) are determined by GNC in its sole discretion; (b) are subject to change without notice; and (c) may vary among activities and promotions. The dollar amount of any eligible product purchased will be rounded to the nearest whole dollar before accumulated points are calculated (i.e., $0.50 or higher is rounded up, $0.49 or lower is rounded down). The dollar amount for the purpose of calculating Point earned is on the actual dollars spent at checkout, less taxes, fees, delivery charges, rebates, or other excluded charges. Points earned in-store, will be credited to a Member's Account within approximately 24-48 hours from the time of purchase. Points earned online at GNC.com will be credited to a Member’s Account within 48 hours following notification that all items in the order have shipped. No adjustments to a Member's Account will be made after 30 days from the actual purchase date, except at GNC's sole discretion. GNC is the final authority on accrual and crediting of points and reserves the right to deny or revoke points at any time if GNC determines that they were improperly or mistakenly obtained, accrued or credited. GNC has the right, in its full and final discretion, to limit the aggregate number of points accrued on an annual basis. Members do not accumulate points for the amount of any coupons redeemed or discounts applied to a purchase. Points may not be earned on the purchase of gift cards. Other exclusions and limitations may apply.
Points Expiration and Non-Transferability
Points expire one year from the end of the month in which they were earned so long as the Member has not been terminated or withdrawn from the Program (example – points earned on July 5 expire on July 31 of the following year). Points cannot be earned by a Member after the Program is terminated or the Member’s participation in the Program has been terminated. Unless prohibited by law, unused Points automatically are forfeited upon termination of the Program or when a Member’s Program Account is cancelled or terminated or the Member’s participation in the Program otherwise is terminated. Membership, points, Accounts, offers and reward certificates are nontransferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers and rewards certificates do not constitute property of the Member. Accumulated points and coupons are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law. Accrual and redemption of Points are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations. Entities or persons using the Program for profit are not eligible to become Members or to accumulate points.
Points Redemption, Reward Redemption, Redemption, and Other Benefits
A Member will earn a $5 reward (each, a “Reward”) every time the Member earns 150 points. At your option, you may choose for each Reward to auto-issue to you once you have earned the points necessary for the Reward or you may choose to “bank” your points and have a Reward issued to you at a time of your choosing. If you choose to auto-issue your Rewards, GNC will automatically issue you a Reward every time you earn 150 points. If you choose to activate a Reward at a time of your choosing, GNC will issue the Reward according to your instructions. If you choose to bank your points, the maximum amount of points that may be redeemed for a Reward at any one time is 1,500. In the event you do not affirmatively choose between auto-issuing or “banking” your points, your Account will have a default setting to auto-issue a Reward every time you earn 150 points. You will be sent an account statement on a monthly basis by email, at the email address registered with your Account, which will reflect the status of your Account. We suggest adding GNC.com to the approved senders list in any spam filter you are using. We have no responsibility for ensuring that you receive emails we send to you. Upon issuing a Reward, GNC will deduct the applicable number of points from your Member Account. The corresponding Reward will appear in your Online Account and there will be a code assigned to each Reward that you can use to redeem the Reward. Rewards can be used in participating GNC retail locations and online at www.gnc.com. Rewards may not be used at third-party stores which sell GNC products. To redeem your Reward at a GNC physical store, you must provide the telephone number or email address associated with your Account at the time of purchase. To redeem your Reward online at www.gnc.com, you need to log-in to your Account. REWARDS EXPIRE 30 DAYS FROM THEIR DATE OF ISSUE, SO REMEMBER TO USE THEM PROMPTLY. You can use as many Rewards as you wish, and may combine up to ten (10) Rewards into a single transaction, as long as the Rewards have not yet expired. Rewards cannot be used for gift cards, prior purchases, shipping and handling fees, taxes, donations or to purchase or renew a PRO Access membership. NO PARTIAL REDEMPTIONS. If the price of merchandise you wish to purchase is more than the value of a Reward, you will need to pay for the remaining cost of the product. IF THE PRICE OF MERCHANDISE YOU WISH TO PURCHASE IS LESS THAN THE VALUE OF THE REWARD, THE REMAINING VALUE OF THE REWARD WILL BE SACRIFICED AND CANNOT BE USED TOWARDS A FUTURE PURCHASE. NO REISSUE OF REWARDS OR POINTS UPON RETURNS. WE WILL NOT RETURN OR REISSUE TO YOU ANY REWARDS YOU USED TO PURCHASE MERCHANDISE, OR RESTORE POINTS TO YOUR PROGRAM ACCOUNT, IF OR WHEN YOU RETURN THE MERCHANDISE TO US. IF THE TRANSACTION REQUIRED YOU TO PAY ANYTHING ABOVE AND BEYOND THE REWARD AMOUNT, WE WILL REFUND THE AMOUNT YOU ACTUALLY PAID TOWARD THE TRANSACTION. Additional exclusions and limitations related to Rewards may be specified at the discretion of GNC. Members may be notified of additional eligible and ineligible merchandise at the point of redemption.
If you return merchandise, the Points you had earned from the purchase of that merchandise will be deducted from your Points balance. Except as may be required by law, in the event that Member returns merchandise that was partially or wholly paid for with a coupon(s), the coupon(s) and points used in connection with the purchase will not be reissued. Negative Point balances never expire, but a Member can move into a positive Point balance by making purchases or engaging in any other announced activities which can be used to earn Points.
myGNC PRO ACCESS Membership
>At time of enrollment, or at any time after initial enrollment, a Member may purchase a myGNC PRO ACCESS membership by visiting a store location or online at www.gnc.com or via the App (a “Pro Member” or “Pro Membership”). Membership in the myGNC PRO ACCESS level is subject to these T&C as revised or amended at any time pursuant to the terms herein. A Pro Member is entitled to the following benefits, which may be revised or amended at any time: (a) a personal sale day each calendar quarter of the year, (b) free shipping to destinations within the continental United States all year for purchases made at www.gnc.com, and (c) customized PRO boxes delivered to the Pro Member two times per year (consisting of new products, samples, coupons or other merchandise) (delivery of PRO boxes is not available outside of the United States). Delivery of two PRO boxes during the annual Pro Membership period is contingent on completion of the required profile information promptly upon enrollment. In the event of the verification of a Pro Member’s address significantly after the time of enrollment, the Pro Member may receive fewer than two PRO boxes. In the event a Pro Member does not pay to renew the annual PRO Membership, such Member’s account will be changed to reflect membership in the free Program and such Member will no longer receive the benefits of the Pro Membership. This revision for failure to renew a Pro Membership will not result in the loss of accumulated points or applicable expiration dates.myGNC PRO ACCESS Membership Auto Renewal
When you agree to enter into our myGNC PRO ACCESS membership auto renewal program, you authorize your payment method to be charged the current myGNC PRO ACCESS membership fee plus any applicable taxes and also authorize your payment method to be automatically charged the then current myGNC PRO ACCESS membership fee in the future on an annual basis, plus any applicable taxes. You can cancel this subscription at any time by accessing your Account page after log in on GNC.com, or by calling 1.866.214.2469. Cancellations must occur prior to the expiration of your membership year, in order to ensure that the recurring charge will not be applied. There are no refunds or credits for partial months if you choose to cancel before the end of any subscription year.
GNC at its sole discretion may invite certain Members to participate in a VIP tier of the Program. VIP members will remain in VIP status for current calendar year, from the date they first are invited and activate their VIP membership.
A Member may cancel his or her Membership by notifying Customer Service by mail or telephone. GNC, in its sole discretion, reserves the right to cancel an individual Membership. Cancellation of Membership results in loss of all accumulated points. Members who cancel voluntarily may not re-activate the Account but are eligible to open a new Account without the benefit of the previously accumulated points. You may not earn or redeem points after cancellation. Please note that, in some cases, you may continue receiving messages, including messages that were scheduled for delivery prior to cancellation, for a brief period of time after you cancel your Membership. The purchase price for a Pro Membership is non-refundable.
Changes, Termination And/Or Removal From Program
GNC may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the www.gnc.com website.
GNC reserves the right to exclude individuals from the Program in its sole discretion at any time and for any reason without liability to us. Any abuse of the Program, failure to follow these T&C or any other terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of GNC, including without limitation any attempt by you to accrue points or redeem points for the Program fraudulently or through other than legitimate channels or tamper with the points accrual or redemption process or your violation of applicable law may subject result in revocation of your Membership and future disqualification from participation and forfeiture of all points accrued in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. In connection with the enforcement of any of the T&C governing the Program, GNC reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and court costs. The failure to exercise or enforce any right hereunder or any other provision of this T&C shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GNC in writing.
Entire Agreement. These T&C, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between GNC and Member relating to the subject matter hereof and supersedes any prior versions of these T&C as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
Proprietary Rights. You acknowledge that Program content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and GNC information) logos or other material contained in any GNC communication, advertisement or message, whether by GNC or its advertisers), information about GNC and its products and services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of GNC or its appropriate affiliate or licensor. GNC does not license any sponsor, advertiser, partner, Member or user to use any portion, or all, of the Program without our express prior written consent.
Notices. Notices given by GNC will be transmitted, in our sole discretion, by e-mail or regular mail to the addresses on file with your Account, or by general posting on the Program website or at our retail stores.
Waiver of Claims. Participation in the Program and any of its associated benefits, including the Program Rewards, is at Member’s sole risk. The Program Rewards and other Program benefits are provided only on an “as is” and “as available” and “with all faults” basis. Member hereby releases and waives any and all claims against GNC and its parents, subsidiaries, and affiliates, and each of their employees, directors, officers, members, shareholders, agents, vendors and contractors (collectively, the “Program Providers”) arising out of, or in connection with, Member’s enrollment or participation in the Program, the availability, redemption, or use of any Program Reward, the information available thereon, the modification or termination of this Program or any aspect of the Program.
Limitation of Liability. The Program Providers shall not be liable to Member or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses, arising out of Member’s (i) access or use of, or inability to access or use, the Program or the Program Rewards, (ii) unauthorized access to or alteration of Member’s Program account data, including points, (iii) access or use of, or inability to access or use, information made available through the Program or arising out of any action taken in response to or as a result of any information available through the Program, or (iv) any other matter relating to the Program. In addition, GNC is not responsible, and assume no liability, for any changes or discontinuances of goods or service from our suppliers, which may affect the availability of Program Rewards or the accrual of points. In no event will the Program Parties’ total liability to you for all damages, losses or causes of action exceed $50 USD or the value of any redeemed Program Reward that is subject to such damage, loss or cause of action, whichever is less.
Disclaimer of Warranties. The Program Providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, warranties related to the availability and use of Program Rewards, and any warranties that the Program will be uninterrupted, timely or error free or that defects will be corrected. No advice or information, whether oral or written, obtained by a Member from or through the Program or GNC shall create any warranty not expressly made herein. GNC shall not be liable or responsible for any guarantees, warranties or representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages. Accordingly, some of the above limitations and exclusions may not apply to you.
Indemnification. You agree to indemnify and hold the Program Providers harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your participation in the Program, (ii) your use of any Program Reward, or (iii) your violation of this Agreement. You understand, acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law; Jurisdiction. These T&C will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Program will be brought only in the federal or state courts in Allegheny County, Pennsylvania. A printed version of these T&C will be admissible in judicial and administrative proceedings based upon or relating to these T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
General. Our failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision by us. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our T&C remain in full force and effect. By participating in the Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C, and to abide by and comply with these T&C.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GNC HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and GNC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these T &C, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Program, (ii) any purchases or other transactions or relationships with GNC, or (iii) any data or information you may provide to GNC or that GNC may gather in connection with such use, interaction or transaction (collectively, “GNC Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Program, or engaging in any other GNC Transactions or Relationships with us, you agree to binding arbitration as provided below.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GNC (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these T&C and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these T&C is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GNC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or GNC’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GNC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than GNC’s last written settlement offer, the Arbitrator shall also have the right to include in the Award GNC’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but GNC shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GNC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. GNC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after GNC has given notice of such modifications and only on a prospective basis for claims arising from GNC Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GNC in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
GNC respects the privacy needs and concerns of our customers. That is why how we handle any personal information, such as your name, address, email address or phone number ("Personal Information") that you provide to us is important to us. To earn your trust, we respect your privacy in handling Personal Information relating to you and your transactions with us, whether at one of our General Nutrition Center (GNC) stores, our Call Center or through GNC.com or one of our related Internet web sites ("Sites"). This Privacy Statement describes the Personal Information we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of it. By using the Sites, the user agrees, without limitation or qualification, to be bound by this Privacy Statement.
When you provide Personal Information at our Stores, our Call Centers, and our Sites, you are consenting to the manner in which GNC will collect, use, disclose and otherwise manage your Personal Information, as set out below.
Who May Use the Sites The Sites are not intended or designed to attract users under the age of 18. We do not collect Personal Information from any person we know to be under the age of 18. If you are under 18, we ask that you not send us any Personal Information.
The Sites are intended for users from the United States and those not governed by privacy policies of other countries. Users from the European Union are advised not to disclose Personal Information to GNC. Information sent to us will be housed on servers located in the states of New Jersey, Pennsylvania and Virginia, in the United States. Do not send us information unless you consent to the application of U.S law and to the use and disclosure of your information consistent with this Privacy Statement.
Collection and Use of Personal Information We may collect Personal Information that you provide us when you:
- Purchase, order, return, exchange or request certain information about our products and services;
- Contact a Call Center or customer service desk;
- Visit or register with our Sites or participate in another feature of our Sites, such as our Fitness Planner;
- Enter into a contest or sweepstakes or respond to one of our surveys; or
- Provide us with comments or suggestions.
We may also collect Personal Information about you from our Service Providers who provide us with e-commerce related services related to the Sites.
Shopping at GNC When you purchase products and services at one of our Stores, you can do so anonymously when you pay with cash. If you use a credit or debit card for any of your purchases, we will collect your credit or debit card information and keep a history of your purchases. We use this information to process your orders and to better assist you when you visit or call us. We may also ask for your zip code as well, to help us improve our product and service offerings to your area.
When you return previously purchased merchandise or request a refund or exchange, you may be asked to give your name, address, phone number and show information that identifies you, such as your driver's license. We collect this information to help prevent fraud.
Call Centers When you call one of our Call Centers about a product, delivery, billing question or for customer service, you may be asked for Personal Information that identifies you along with additional information we need to help us promptly answer your question, such as your name and address and a phone number where we might contact you. We may retain this information to assist you in the future.
Site Registration Registration is an optional service provided by our Sites. When you register, you are asked for information such as your name, address, phone number, e-mail address, a password that you select, and your interests, if you choose to register them. Your registration information may be used to help make your online shopping quicker and easier, by pre-filling certain parts of your shopping information. When you register you will be opted in to receive marketing e-mails about our products, services, sales and special offers.
Contests, Questions or Surveys When you ask a question, participate in a survey or enter a contest or sweepstakes at a Store, a GNC sponsored event or through our Sites, we may collect your name, address, phone number and e-mail address. We use this information to administer your participation in a contest or sweepstakes. At the time you are entering a contest or sweepstakes, you will be opted in to receive marketing communications about our products, services, sales and special offers from GNC.
Other Uses of Personal Information GNC also uses Personal Information, including information provided to us from our Service Providers, to continually assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.
Promotional Information and Marketing Materials We would like to inform you of products and services, sales and special offers that might benefit you. When you make a purchase online or instore, sign up for email receipts, register online, participate in a survey or give your email address for any reason, you will have opted in to receive marketing e-mails about our products, services, sales and special offers.
We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers at our Stores, Call Centers or Sites. If you would like to stop receiving such promotional information from GNC, please see the "Privacy Preferences/Opt-Out" section of this Privacy Statement.
Disclosure of Personal Information We enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to GNC customers. We will share your Personal Information with those marketing partners in order to help them send you information that we believe will be of interest to you. We may share non-identifiable aggregated information with these companies. We will not disclose your telephone number, credit card account information or e-mail address for these purposes. We may also provide Personal Information to any of our affiliated businesses.
Access to Personal Information by Companies that Work with or on Behalf of GNC Some of our operations, such as our electronic commerce, may be managed by Service Providers who are unaffiliated companies. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to our Sites or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services.
If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.
Sale of Business In the event that GNC or some of our assets are sold or transferred or used as security, your Personal Information may be transferred to third parties as part of that transaction.
Disclosures of Personal Information in Legal Proceedings If GNC or any of our Service Providers is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, GNC or the applicable Service Provider may, without your consent, provide such information. In matters involving claims of personal or public safety, GNC or the applicable Service Provider may provide your Personal Information to appropriate authorities without your consent or court process. GNC or our Service Providers also will provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving GNC, the applicable Service Provider, or otherwise as required by law. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.
Access to Personal Information You may request access to the Personal Information that we have about you. If you are a registered user with our Sites, you can access your profile information at any time by clicking on the "My Account" link at the top of any page on the Sites on which you registered.
For further instructions on accessing the Personal Information that GNC may have about you, please see the "Contacting Us" section of this Privacy Statement.
Privacy Preferences / Opt-Out We now offer an on-line preference page located within the My Account section on www.gnc.com where you can register and change your preferences to receive or not receive marketing materials. You may also update what product/lifestyle preferences you prefer, which may determine what offers and promotional materials you may receive. You may update these preferences at any time, but you must first register by creating an account before you can update any of your preferences. Please allow sufficient time for your preferences to be processed.
You may also change your marketing preferences or remove yourself from our mailing list by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you or by contacting us at: GNC, Marketing Department - 14th Floor, 300 Sixth Avenue, Pittsburgh, PA 15222, Attn: Privacy Manager or by e-mailing us at firstname.lastname@example.org.
Information Sharing Disclosure Requests If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom GNC or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at. GNC, Marketing Department - 14th Floor, 300 Sixth Avenue, Pittsburgh, PA 15222, Attn: Privacy Manager or by e-mailing us at email@example.com. We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days.
Additional Information about Our Sites
Visiting Our Sites In general, you can visit our Sites without telling us who you are or providing us with any information. However, we collect the IP (Internet protocol) addresses of all visitors to our Sites and other related information such as page requests, browser type, operating system and average time spent on our Sites. We use this information to monitor and improve our Sites.
Cookies and Tracer Tags Our Sites use a technology called "cookies". A cookie is a tiny element of data that our Sites can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on our Sites where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with our Sites, these cookies (1) may let us know who you are, (2) are necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and (3) will provide us and our Service Providers with information that we will use to personalize our Sites in accordance with your preferences. Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Sites, you will limit the functionality we can provide when you visit our Sites.
We also use our own cookies to improve the performance of our advertising on other websites. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our site used for targeted GNC.com advertising during your visits to other websites. To opt-out of GNC.com data collection for targeted advertising on other sites, click here: Opt Out Now. To opt out of our cookies used for this online advertising served through our service provider, Conversant, click here.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Network Advertising Initiative at www.networkadvertising.org/choices.
Tracer Tags: Our Sites may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Sites. These tracer tags are used to help us optimize and tailor our Sites for you and other future website visitors.
Security of Personal Information We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Sites. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.
Secure Shopping When you place orders on our Sites, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Sites from capturing and viewing your Personal Information. Since any order information you provide to us on our Sites will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Sites. The most recent versions of Netscape Navigator™ and Microsoft Internet Explorer® can support a secure connection and can be downloaded for free from the Netscape and Microsoft website respectively.
Passwords To provide you with an increased level of security, online access to your Personal Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. GNC will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).
Privacy Statement Modifications From time to time we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect future changes in our business practices. Any changes in our policies will be communicated in this page so please check back on occasion. We also may post a notice on our Sites or send an email describing the changes.
Contacting Us If you have any questions about our handling of Personal Information, please contact us at GNC, Marketing Department - 14th Floor, 300 Sixth Avenue, Pittsburgh, PA 15222, Attn: Privacy Manager or e-mail us at firstname.lastname@example.org. Alternatively, you may call us toll-free at 1-877-GNC-4700.
Last Updated: March 7, 2016
Copyright © 2016 General Nutrition Corporation All rights reserved
The software and other technology components of this Web site are © 1997-2015, Ebay Enterprise or its affiliates and suppliers. The contents of this Web site are © 2015, General Nutrition Centers, Inc., Ebay Enterprise or their respective affiliates and suppliers. All rights reserved.
Notification of Claimed Copyright Infringement
If you believe that your work has been copied or otherwise has been made available through this Web site or our systems or network in a way that constitutes infringement under the Copyright Act, please provide the following information to our designated agent (identified below) for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3)):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Upon notice of alleged copyright infringement, we will proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512).
935 First Avenue
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Telephone: (610) 491-7155
Facsimile: (610) 265-1730
You may decide to have promotional text messages sent directly to your mobile device. This program is completely voluntary, and messages will be sent to you only if you have opted in to receive them. Consent is not required as a condition of purhcase. Message and data rates may apply. If you have errantly received a marketing text message without opting in to the program, or if you wish to opt out of receiving text messages, you can cancel the program at any time by either:
- Texting the keyword "STOP" to the short code 46248; or
- Contacting Client Services by email at Customeremail@example.com or by phone at 1-888-462-2548
You will need to provide your mobile phone number in order to be removed from the program. It may take up to 10 days to process your stop request. You may receive additional text messages from GNC during this time. GNC respects your privacy and your mobile number will only be used in this text message program by GNC and its third party marketing partners administering this program on GNC's behalf as set forth above.
Terms & Conditions
GNC Mobile Alerts Program. By providing your mobile phone number you are subscribing to receive promotional text messages and alerts from GNC. Promotional text messaging shall include event alerts, updates, discounts, and special offers. You will receive up to five (5) messages per month. Message and data rates may apply.
If you have errantly received a marketing text message without opting in to the program, or if you wish to opt out of receiving text messages, you can cancel the program at any time by either:
- Texting "STOP" to short code 46248; or
- Contacting Client Services by email at Customerfirstname.lastname@example.org or by phone at 1-888-462-2548
- When canceling via email or by calling the toll free number above, you will need to provide your mobile phone number in order to be removed from the program. It may take up to ten (10) days to process your request. You may receive additional text messages from GNC during this time.
You may text "HELP" to short code 46248 to receive additional information regarding GNC's Mobile Alerts Program.
GNC respects your privacy and your mobile number will only be used in conjunction with this mobile alerts program by GNC and its third party marketing partners administering this program on GNC's behalf.
Please consult the applicable wireless service agreement for your individual pricing plan. Text messaging may not be available for all service providers or for all handsets. The carriers supported by this program are as follows: AT&T, Sprint, T-Mobile, Verizon Wireless, Alltel, U.S. Cellular, Boost, Nextel and Metro PCS. Cellular phone carriers' instructions for text messaging may be different. Check your user's manual for phone capabilities and specific instructions. GNC makes no guarantee that any particular wireless service provider will participate.
For additional information, contact GNC Client Services by email or by phone at 1-877-GNC-4700