Terms & Conditions

Your access to www.nqinutrition.com, www.neverquitusa.com, www.neverquitindustries.com, www.asapnutrition.com is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Web site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Web site, your sole and exclusive remedy is to discontinue using this site.

DISCLAIMERS

You acknowledge and agree that:

1. Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Never Quit Industries reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
   
   
2. NEVER QUIT INDUSTRIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. NEVER QUIT INDUSTRIES HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL NEVER QUIT INDUSTRIES BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER NEVER QUIT INDUSTRIES HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
   
   
3. NEVER QUIT INDUSTRIES is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, NEVER QUIT INDUSTRIES will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by NEVER QUIT INDUSTRIES.
   
   
4. This Web site may contain forward-looking statements that reflect NEVER QUIT INDUSTRIES current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to the stability of its commercial relationships, and the general economic conditions. NEVER QUIT INDUSTRIES intends to update this site on a regular basis but assumes no obligation to update any of the content.

USE OF THIS SITE

You understand, acknowledge, and agree to the following:

1. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
   
   
2. You grant to NEVER QUIT INDUSTRIES the right to use all content you upload or otherwise transmit to this Web site, subject to these Terms and Conditions and NEVER QUIT INDUSTRIES Privacy Policy in any manner NEVER QUIT INDUSTRIES chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
   
   
3. Except as expressly stated and agreed upon in advance by NEVER QUIT INDUSTRIES, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to NEVER QUIT INDUSTRIES (such as feedback, questions, comments, suggestions, ideas, etc.). If any NEVER QUIT INDUSTRIES Web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), NEVER QUIT INDUSTRIES shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and NEVER QUIT INDUSTRIES shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to NEVER QUIT INDUSTRIES is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

PRODUCT LABELING

Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Except as expressly stated and agreed upon in advance by NEVER QUIT INDUSTRIES, no director, employee, agent, or representative of NEVER QUIT INDUSTRIES, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Web site.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published in this Internet Web site (the "Information") are the sole property of NEVER QUIT INDUSTRIES, except for information provided by third-party providers under contract to Never Quit Industries, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text. NEVER QUIT INDUSTRIES is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of NEVER QUIT INDUSTRIES.

No use of any NEVER QUIT INDUSTRIES trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of NEVER QUIT INDUSTRIES, except to identify the product or services of the company.

PRIVACY AND SECURITY

Never Quit Industries is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Web site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Web site; you agree to be bound by that policy.

You recognize and agree that when submitting your personally identifiable information to www.nqinutrition.com, while NEVER QUIT INDUSTRIES has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, NEVER QUIT INDUSTRIES SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF NEVER QUIT INDUSTRIES HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEVER QUIT INDUSTRIES DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

LIMITATION OF LIABILITY

NEVER QUIT INDUSTRIES does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these materials, information and opinions is solely at your own risk. Never Quit Industries disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.

THIS NEVER QUIT INDUSTRIES WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. IN NO EVENT SHALL NEVER QUIT INDUSTRIES, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER "NEVER QUIT INDUSTRIES PARTIES") BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY NEVER QUIT INDUSTRIES AND WHETHER OR NOT NEVER QUIT INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.
 
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY NEVER QUIT INDUSTRIES, ITS SUBSIDIARIES OR AFFILIATES.

REFUND/RETURN/EXCHANGE POLICY

Please e-mail questions to: returns-team@nqinutrition.com

Never Quit Industries Return Policy: Please read the following instructions very carefully to insure prompt service.

• All returns for exchanges and/or refunds must occur within 30 days of purchase. After 30 days, this policy becomes null and void.
  
  
• Returns may take up to two weeks to be processed through our Returns Department.
  
  
• The buyer is responsible for all return shipping charges. WE DO NOT REQUIRE AN RMA NUMBER.
  
  
• We will recharge the shipping fee for all packages returned to us due to an undeliverable address.

OUR RETURNS DEPARTMENT INSPECTS EACH AND EVERY PRODUCT THAT HAS BEEN RETURNED. WE RESERVE THE RIGHT TO REFUSE REFUNDS AND/OR EXCHANGES OF ANY AND ALL RETURNED ITEMS IF ONE OR MORE OF THE FOLLOWING HAS OCCURRED:

• Obvious Wear & Tear such as tears and holes in garments.
  
  
• Any and all size adjustments such as garments that have been laundered tailored and/or altered, etc.
  
  
• Dirt, sand, sun and/or water damage, antiperspirant stains, makeup, etc.
  
  
• Obvious odors such as cigarette smoke, perfume or colognes, etc.
  
  
• Protective Packaging or original packaging that has been defaced in any manner, or is absent upon return.
  
  
• Related warranty paperwork, inserts, attached coupons and/or instructions pamphlets are absent.

EXCHANGES:

Please include a check or cash in the amount of $5.00 for the handling and shipping fees (If three or more items are being exchanged, please include an additional $3.00 to your fees). If the monies are NOT included with the merchandise being returned for exchange, your credit card on file WILL be charged the required fees to process the exchange.

REFUNDS:

A refund will be remitted to you via your credit card account or via company check for the merchandise amount minus the original shipping and handling fees. If you had received FREE SHIPPING on your original order, you will be refunded the merchandise amount minus our shipping/handling costs. A refund confirmation email will be sent to you.

Free promotional merchandise associated with your purchase must be included with your return, or we reserve the right to charge your credit card account for the full retail fee of the promotional item. All promotional items must be returned in original, brand-new condition as stated above.

DEFECTIVE MERCHANDISE:

If you are in receipt of an item that is defective, the item must be returned to us within 30 days of the buyer's purchase of defective merchandise. We DO NOT issue Call Tags. Once the item has been received and is, in fact, deemed defective by our Returns Department, a new item will be shipped out to you. You will not be charged a shipping and handling fee.

PLEASE INCLUDE THE FOLLOWING WITH ALL RETURNED ITEMS:

• The merchandise in its original, brand-new condition with all related paperwork and packaging.
  
  
• A short but precise note listing the reason(s) for the return and/or exchange.

For your protection, we recommend using a reputable carrier to ship and insure your package. We are not responsible in any manner for lost or damaged merchandise that has been shipped to us. Please retain your shipping receipt. PLEASE SEND ALL RETURNS TO:

• Never Quit Industries reserves the right and will charge a restocking fee of 10% up to 20% of the retail value of all returned/exchanged merchandise.
  
  
• All returned items sent back in used and/or damaged condition will be rejected and sent back to the buyer. If customers reject their return shipment (rejected due to ineligibility), Never Quit Industries reserves the right to liquidate the inventory and withhold credit.
  
  
• All sales are final on Close-out and Blow-out merchandise. These items are not eligible for return and/or exchange.

GENERAL

You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. www.nqinutrition.com was created and is operated under the laws of the State of Arizona. The laws of the State of Arizona will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to neverquitusa.com.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.