TERMS OF SERVICE

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Magilla9 Enterprises, doing business as bestproteinfoods.com ("Company," "we," "us," or "our"), concerning your access to and use of the bestproteinfoods.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

BY ACCESSING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Our Intellectual Property: Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

AI-Generated Content: You acknowledge that the Site utilizes proprietary and third-party Artificial Intelligence (AI) to generate, curate, and analyze content. All AI-generated output on this Site is the exclusive property of bestproteinfoods.com. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes only.

No Professional Advice: The Site provides information regarding dietary supplements and protein products. This information is for educational purposes only. Bestproteinfoods.com is not a medical organization, and our staff (or AI systems) cannot give you medical advice or diagnosis.

Assumption of Risk: By using the Site, you assume all risks associated with the use of dietary supplements. You should consult with a healthcare professional before following any nutritional recommendations found on the Site. Bestproteinfoods.com is not responsible for any adverse reactions, injury, or health complications resulting from the use of products reviewed or sold on the Site. 

The Site contains links to third-party websites ("Third-Party Websites") as well as articles, photographs, text, graphics, and items belonging to or originating from third parties ("Third-Party Content").  Bestproteinfoods.com is a for-profit entity and participates in affiliate marketing. We are not responsible for the accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Accessing third-party sites is at your own risk.

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activity includes, but is not limited to:

• Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Using "bots," "spiders," or any automated system to scrape AI-generated data or content.
• Circumventing, disabling, or otherwise interfering with security-related features of the Site.
• Using the Site in a manner inconsistent with any applicable laws or regulations.

IN NO EVENT WILL BESTPROTEINFOODS.COM OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. 

Governing Law: These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. You agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah.

Binding Arbitration: If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration may be conducted in person, through the submission of documents, by phone, or online.

Seat of Arbitration: The seat of arbitration shall be Salt Lake City, Utah. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration shall take place in Salt Lake County, Utah. The language of the proceedings shall be English.

Utah Uniform Arbitration Act: This agreement to arbitrate is intended to be enforceable under the Utah Uniform Arbitration Act (Utah Code § 78B-11-101 et seq.) and the Federal Arbitration Act. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or our Store.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

E: Contact[at]bestproteinfoods.com

Web: bestproteinfoods.com