NORTH Performance Terms of Service
Effective Date: 1 August 2026
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH NORTH PERFORMANCE CORPORATION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms of service (these “Terms”) apply to the purchase and sale of products and services through northperformance.com (the “Website”). These Terms are subject to change by NORTH Performance Corporation (referred to as “NORTH Performance”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that is available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes, in accordance with the Changes to These Terms section below. We will post the updated Terms on the Website, update the “Last Updated” date, and notify active subscribers by email at least 14 days before material changes take effect. The Terms in force at the time you placed a specific order will govern that order.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products through this Website. Other policies that apply to your order for products include: NORTH Performance Shipping Policy, NORTH Performance Returns Policy, NORTH Performance Subscription Policy, NORTH Performance Customer Service Policy, which are accessible on our Website and incorporated herein as part of these Terms.
Order Placement and Acceptance; Non-Commercial Use Only
Order Placement and Acceptance. Your order is expressly conditioned on acceptance of this Agreement. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us and we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion, including where we suspect fraud, where the destination is a restricted jurisdiction, where items are out of stock, or where there is repeated abuse of our refund or guarantee policies. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered, including the price paid, the shipping destination, and whether shipping and taxes were included in the price or charged separately. Acceptance of your order and the formation of the contract of sale between NORTH Performance and you will not take place unless and until you have received your order confirmation email.
If you order a product, payment must be received by NORTH Performance prior to NORTH Performance's acceptance of the order. NORTH Performance may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Once a properly completed order, your authorization, and a form of payment have been received, we will locate the product(s) you have ordered and arrange for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
Non-Commercial Use Only. NORTH Performance only accepts orders for non-commercial use. You cannot resell items offered on the Website without NORTH Performance's express written consent. If NORTH Performance discovers that you are placing orders with the intent to resell items offered on the Website or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, NORTH Performance will also report you to federal, state and/or local enforcement authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used lawfully.
Scope. These Terms apply only to purchases made directly through northperformance.com. Products purchased from third-party retailers, marketplaces, or wholesale partners are governed by that seller's terms, and our satisfaction guarantee does not apply to them.
Where we ship. We currently accept orders for delivery to the United States, Canada, the United Kingdom, the European Union, Australia and New Zealand, and to other destinations listed at checkout. We may add or remove destinations at any time, and we may decline orders to any destination where we cannot lawfully or practically supply.
Subscriptions and Automatic Renewal
Subscription Orders. NORTH Performance offers consumers products that can be purchased through a subscription (“subscription”), which will automatically renew unless cancelled. If you sign up for a subscription, you will be charged through the payment method you provide every 30 days, or at the delivery cadence of your choosing (“billing period”). The exact plan, cadence, price (including whether shipping and taxes are included in that price), and renewal date that apply to your order will be clearly and conspicuously disclosed at checkout, before your billing information is confirmed, and repeated in your order confirmation email. By subscribing, you expressly authorise NORTH Performance to automatically charge your payment method for each renewal period at the then-current price, until you cancel. Your express affirmative consent to these auto-renewal terms is obtained as a separate, unchecked step at checkout, and is not bundled into your general acceptance of these Terms. We retain a record of that consent for at least three years, or one year after the subscription terminates, whichever is longer.
Recurring shipping charges for subscriptions outside the included markets. If your delivery address is outside the United States, Canada, the United Kingdom, the European Union, Australia and New Zealand, the shipping charge shown at checkout applies to each renewal shipment as well as to your first order, and forms part of the total recurring charge disclosed to you before you subscribe. If that shipping charge changes, we will give you notice under the Renewal, fee change, and trial conversion notices section below.
Cancellation of Subscription. You may cancel your subscription at any time. To avoid a recurring charge you must cancel your subscription by the last day of your billing period. You can cancel online, in a few clicks, by signing in at account.northperformance.com and clicking Cancel Subscription, or by contacting us. We do not require you to call us, speak with a retention agent, or complete any additional steps beyond a single online action to cancel. Cancellation stops all future renewal charges. All cancellations are effective on the last day of your current billing period unless a refund is granted under the Full-Cycle Trial section below.
Modifying your plan. You can pause, skip a shipment, change frequency, or switch products at any time from your account portal. Changes take effect at your next billing date.
Renewal, fee change, and trial conversion notices. We will send you an annual reminder identifying the product, the frequency and amount of charges, and how to cancel, in the same medium you used to subscribe. If we change the price of your existing subscription, or the shipping charge applying to your renewals, we will give you clear and conspicuous notice, in a form you can retain, at least 7 and no more than 30 days before the change takes effect, together with instructions on how to cancel. For any free or discounted trial period longer than 31 days, we will notify you at least 3 and no more than 21 days before the trial converts to a paid subscription.
Billing Information for Subscriptions. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made in the customer portal or by contacting a customer service representative. If you change your shipping address to a country in which our pricing or shipping treatment differs, the price and any shipping charge applying to your next and subsequent shipments will change accordingly, and we will tell you before the next charge is taken.
Prices and Payment Terms
Price Changes. Please be aware that prices, availability and other purchase terms are subject to change. While we make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered, we are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Any product on this Website at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is cancelled as a result of the error, your credit card will be refunded the full amount of your order.
Currency. Unless expressly stated otherwise at checkout, all prices are shown and charged in United States dollars. Where we display a price in your local currency, that display is indicative only; your bank or card issuer sets the conversion rate and may apply its own foreign transaction or cross-border fee, for which we are not responsible.
Shipping and taxes included — United States, Canada, United Kingdom, European Union, Australia and New Zealand. For orders delivered to these countries, the price shown on the product page and at checkout includes standard shipping and handling and all applicable sales tax, VAT or GST. No further amount is payable by you on delivery. We ship these orders on a delivered-duty-paid basis, which means we are the importer of record or otherwise bear any applicable import duties and import taxes; you will not be asked to pay duties, import VAT or GST, or carrier brokerage or disbursement fees in order to receive your order.
Shipping charged separately — all other countries. For orders delivered to any other country, the price shown includes handling but not shipping. A shipping charge will be calculated and itemised at checkout before you confirm your order, and will be shown in your order confirmation email. For those destinations, any import duties, customs charges, import VAT or GST, and carrier brokerage or disbursement fees imposed by the destination country are your responsibility and are payable by you directly to the carrier or the relevant authority. These charges are set by the destination country, not by us, and we cannot estimate them in advance. If you refuse delivery or fail to pay those charges and the order is returned to us or destroyed, we will refund the product cost less any freight, duties and return costs we actually incur.
Where a price is described as including tax, the tax component is calculated on the tax-inclusive amount at the rate applying in the destination jurisdiction, and will be separately stated on your receipt or invoice where the law of that jurisdiction requires it.
US Sales Tax. NORTH Performance is required to collect applicable state and local sales tax on orders shipped to certain states within the United States. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. NORTH Performance is required to follow the rules of each state. Where we advertise a US price as including tax, the price you see is the total amount you pay, and the state and local tax component will be separately stated on your receipt. Where the law of a state does not permit a tax-inclusive advertised price, tax will be shown and added at checkout, and the total will be disclosed to you before you confirm your order.
Non-US taxes. Where we are registered to do so, we charge and account for value added tax or goods and services tax on your order at the rate applying in your country, and that amount is included in the price you pay. This applies to United Kingdom supply VAT on consignments valued at £135 or less, European Union VAT accounted for under the Import One-Stop Shop for consignments valued at €150 or less, Australian GST on low-value imported goods with a customs value of A$1,000 or less, New Zealand GST on goods valued at NZ$1,000 or less, and Canadian GST or HST. For consignments above those thresholds, tax and duty are assessed at the border; where we have quoted a delivered-duty-paid price we will pay those amounts, and where we have not, they are payable by you.
Payment Terms. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, plus any shipping charge and any taxes shown at checkout that are not already included in the posted price.
Shipping; Title and Risk of Loss
Please refer to the NORTH Performance Shipping Policy for details on our shipping policy. Please also check the individual product page for specific delivery options.
Shipping and handling are included in the price for orders delivered to the United States, Canada, the United Kingdom, the European Union, Australia and New Zealand. For all other destinations, you are responsible for the shipping and handling charge shown at checkout, as set out in the Prices and Payment Terms section above. Unless otherwise noted, NORTH Performance will use commercially reasonable efforts to ship products within a reasonable time after receipt of your completed order. Although NORTH Performance may provide delivery or shipment timeframes or dates, you understand that those are NORTH Performance's good-faith estimates and may be subject to change, and agree that time is not of the essence for the transactions contemplated under these Terms. You further understand that product availability may be limited and particular products may not be available for immediate delivery or at all, in which case the products will be delivered when they become available, or your order will be cancelled. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of receipt of your order), NORTH Performance will use reasonable good faith efforts to contact you, and you may either continue to wait for the order or request a full refund of the amount paid. If NORTH Performance cannot contact you, you no longer wish to receive the item, or the item is not available, NORTH Performance will cancel the order and promptly refund the amount you paid. You agree that your only remedy for non-delivery is the refund of the amount you paid, except where applicable consumer law provides otherwise.
Title and risk of loss pass to you upon our transfer of the products to the delivery address you provided. You are responsible for providing an accurate shipping address, and we are not responsible for orders delivered to an incorrect address that you supplied. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments caused by carriers, customs, or other factors beyond our reasonable control.
Lost or damaged shipments. If your order does not arrive, arrives damaged, or is missing items, contact us within 30 days of the expected delivery date and we will investigate and replace or refund as appropriate.
Some countries may require additional documentation for customs clearance. Should any issues arise, please contact our customer service team for assistance.
Returns, Refunds and the Full-Cycle Trial
Please refer to the NORTH Performance Returns Policy for details on our returns policy.
Full-Cycle Trial (Money-Back Guarantee)
What the guarantee covers. Your first order is covered by our Full-Cycle Trial, also referred to as "Stay in the Game Guarantee". The trial window matches your billing period, up to a 90-day maximum. See this page for more information, and terms and conditions.
How the refund works. You do not need to return the product — keep it, give it away, or discard it as you prefer. The refund covers the full amount you paid for your first order, including any shipping and tax included in that price. Where you paid a separate shipping charge at checkout because your delivery address is outside our included-shipping markets, that separate shipping charge is not refundable, because the shipping has already been performed. Refunds are issued to your original payment method within 10 business days of approval. Your subscription will be cancelled at the same time, unless you ask us to keep it active.
Limits. The Full-Cycle Trial applies to your first order only; renewal shipments and repeat orders are not covered. One trial per household, per payment method, and per shipping address. We reserve the right to decline refunds where we reasonably believe the guarantee is being abused — for example, repeat trial claims across multiple accounts, or bulk-quantity claims inconsistent with personal use. Gift cards, bundled promotions with third parties, and wholesale orders are excluded unless expressly stated at the point of sale. Requests received after the trial window has closed will be handled on a good-faith basis but are not guaranteed.
Statutory Rights (Australia, UK, EU, Canada and Other Jurisdictions)
The Full-Cycle Trial is offered in addition to any rights you have under applicable consumer protection law, including: Australia — the consumer guarantees under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010), which cannot be excluded, restricted or modified; United Kingdom — your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; European Union — your rights under the Consumer Rights Directive 2011/83/EU as implemented in your country of residence, subject to the sealed-goods hygiene exemption in Article 16(e) for opened supplements; Canada — your rights under the federal Competition Act and applicable provincial consumer protection statutes. Nothing in these Terms limits or excludes any right or remedy you have under mandatory consumer law.
Returns outside the Full-Cycle Trial. Because dietary supplements are sealed for health and hygiene reasons, we do not accept returns of opened product outside the Full-Cycle Trial. Unopened, unused product in its original sealed packaging may be returned within 30 days of delivery for a refund of the purchase price, less any separate shipping charge you paid at checkout and less any restocking fee disclosed to you before you placed your order. Return shipping is your responsibility unless the return is due to our error or a defective product.
Defective or recalled product. If you believe a product is defective, contaminated, or does not match its label, stop using it immediately and contact us with your order number and the batch or lot code printed on the packaging. You agree to cooperate reasonably with any product recall or withdrawal we conduct, including by following instructions we provide for return or disposal. Where a product is defective or does not match its label, we will refund the full amount you paid, including any shipping charge, and we will pay the cost of any return we ask you to make.
Product Representations
NORTH Performance reserves the right to discontinue or change the specifications, content, messaging, products, and other information, including to modify formulations, packaging, and labelling without prior notice, while maintaining equivalent or better quality. While NORTH Performance strives to ensure that the Website is complete, accurate, and current, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging, NORTH Performance does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If there is a discrepancy between a product described on the Website and the product you receive, or if the packaging differs, your only remedy is to return the product according to our Returns Policy, except where applicable consumer law provides otherwise.
Product descriptions, ingredient claims, and any performance-related statements are based on published research, ingredient science, and athlete feedback. Individual results vary and are not guaranteed.
Health/FDA Disclaimer
The information, including advice and recommendations, provided on this Website is not intended to serve as medical or healthcare advice, nor should it be used for medical diagnosis or treatment for any individual issue. It is also not a substitute for professional advice and services from a qualified healthcare provider who is familiar with your personal circumstances. Always seek the advice of your physician or another qualified healthcare provider regarding any medical condition before taking any dietary, nutritional, herbal, or similar supplement or product, or before starting any new treatment. Consult with a physician or other healthcare provider before using any NORTH Performance products, especially if you are pregnant or nursing, anticipating surgery, taking any medications, have a known history of medical conditions or illnesses, or are otherwise under medical supervision. The statements made about the products, including those on this Website, have not been evaluated by the U.S. Food and Drug Administration (“FDA”). These products are not intended to diagnose, treat, cure, or prevent any diseases.
Athletes and anti-doping. If you are subject to sport-specific anti-doping rules — including those of WADA, USADA, ASADA, or any national or international federation — it is your responsibility to verify the suitability of any product before use. We do not represent that our products are certified under any batch-testing or certified-for-sport program unless that certification is expressly stated on the product page and on the label for the batch you receive.
Intellectual Property Use and Ownership; Trademarks; Copyright
You acknowledge and agree that NORTH Performance is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products.
NORTH Performance™ is a trademark owned by NORTH Performance. All other trademarks and service marks displayed on the Website are the property of NORTH Performance or their respective owners. You may not use or display any trademarks or service marks owned by NORTH Performance without NORTH Performance's prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
It is NORTH Performance's policy to respect the copyright and intellectual property rights of others. NORTH Performance may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, NORTH Performance may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, NORTH Performance complies with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact legal@northperformance.com with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website. You should identify the material with information reasonably sufficient to allow NORTH Performance to locate the material; (iv) your address, telephone number, and e-mail address; (v) 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 (vi) a statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Licence to use the Website. You are granted a limited, non-exclusive, non-transferable, revocable licence to view and use the Website and its content for personal, non-commercial purposes only.
Disclaimer of Warranties
Except where inapplicable or prohibited by applicable law, our products are provided on an “as is” and “as available” basis, unless expressly set forth otherwise. Except as specifically provided, to the fullest extent permissible pursuant to applicable law, NORTH Performance expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. NORTH Performance does not make any warranty that the Website will meet your requirements, or that access to the websites will be uninterrupted, timely, secure or error-free, or that it will be free of defect. NORTH Performance makes no warranties as to the results that may be obtained from the use of the Website or the products or as to the accuracy, quality, or reliability of any information obtained through the Website.
Nothing in this section excludes or limits any warranty, guarantee, or condition that cannot lawfully be excluded or limited, including the consumer guarantees under the Australian Consumer Law and the statutory rights described in the Statutory Rights section above.
You understand that we provide information on the Website for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the Website for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use. No advice or information, whether oral or written, obtained by you from NORTH Performance or through the Website shall create any warranty not expressly made herein.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website. Depending on where you live, you may have rights under the California Consumer Privacy Act, the EU and UK General Data Protection Regulation, the Australian Privacy Act 1988, or other applicable privacy laws, including rights to access, correct, delete, or opt out of the sale or sharing of your personal information. The Privacy Policy explains how to exercise those rights and identifies the data controller and contact point for privacy enquiries.
Communications with NORTH Performance
To deliver our services to you, we may need to obtain your contact information. You agree that any contact information you provide to NORTH Performance, including but not limited to your mailing address, shipping address, email address, and phone number, is true and accurate.
By voluntarily providing your contact information to NORTH Performance, you expressly consent to receive communications from us or third parties acting on our behalf, including but not limited to, emails, pre-recorded voice messages, recurring automated marketing text messages, and/or autodialed calls (including text messages), any purchase or transaction with NORTH Performance, matters related to your account (including debt collection), and promotions regarding NORTH Performance products. These communications may be made by or on behalf of NORTH Performance, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that NORTH Performance will not be responsible for these charges. In addition, you acknowledge that telephone calls to or from NORTH Performance are monitored and recorded, and you agree to such monitoring and recording. Consent to receiving marketing text messages is not a condition to obtain our products or services. You may reply HELP for help and STOP to cancel or revoke your consent to receiving marketing text messages.
Furthermore, you agree to provide NORTH Performance notice within 30 days of any change to your contact information by emailing us.
Limitation of Liability
Except where otherwise inapplicable or prohibited by applicable law, you expressly understand and agree that under no circumstances will NORTH Performance, its officers, employees, directors, services providers, suppliers, agents or other representatives (collectively, “NORTH Performance Parties”) be liable for indirect, special, incidental, exemplary, punitive, or consequential damages. This includes without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, lost training time, lost performance or competition outcomes, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the Website; (2) the use of, or the inability to use, items purchased on the Website; or (3) the cost of procurement of substitute services or items. In no event will NORTH Performance's total liability to you for all damages, losses, or causes of action exceed the amount you have paid NORTH Performance in the last six (6) months.
Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of statutory consumer guarantees.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you, and if you are a user from such jurisdictions, the foregoing sections titled “Disclaimer of Warranties” and “Limitation of Liability” are intended to be only as broad as is permitted under the laws of such jurisdiction. If any portion of these sections is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
Indemnification
Except where otherwise inapplicable or prohibited by applicable law, to the fullest extent permitted by law, you agree to indemnify and hold harmless NORTH Performance Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation arising out of or relating to your breach of this Agreement, your misuse of any product, or your violation of any applicable law or third-party right. This indemnity does not apply to the extent the liability arises from our own breach, negligence or wrongdoing, and nothing in this section requires you to indemnify us in a way that is prohibited by the consumer law of your country of residence.
Force Majeure
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) failure or delay of a contract manufacturer, co-packer, or ingredient supplier; (j) epidemic or pandemic; (k) customs delay, border closure, or the imposition of new tariffs, duties or import restrictions; and (l) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section, either party may terminate this Agreement by written notice.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. This does not deprive you of the protection of the mandatory consumer laws of your country of residence.
Informal Resolution First
Before starting any formal proceeding, please contact us describing your concern and the relief you seek, and give us 30 days to resolve it.
Dispute Resolution and Binding Arbitration
YOU AND NORTH PERFORMANCE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, EXCEPT WHERE THE MANDATORY CONSUMER LAW OF YOUR COUNTRY OF RESIDENCE PROVIDES OTHERWISE.
The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. Arbitration will take place in Wilmington, Delaware, or, at your election, by videoconference or on the documents alone. If you are a consumer resident outside the United States, you may instead bring proceedings in the courts of your country of residence where the mandatory law of that country gives you that right.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. This means that you and NORTH Performance may each bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. In any dispute, NEITHER YOU NOR NORTH PERFORMANCE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Right to opt out. You may opt out of this arbitration agreement by sending written notice to legal@northperformance.com within 30 days of your first purchase, stating your name, order number, and that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the class waiver above is found unenforceable, this arbitration agreement will not apply to the claim in question, and that claim will proceed in court.
Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on the Website and update the “Last Updated” date at the top. Material changes — including any change to the arbitration agreement, the class-action waiver, pricing terms, the countries in which shipping and taxes are included in the price, or the refund policy — will be notified to registered customers and active subscribers by email at least 14 days before they take effect. Changes will not apply retroactively to claims that arose before the change, and the Terms in force at the time you placed a specific order will govern that order.
Other Important Terms
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. We may assign these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets.
No assignment or delegation relieves you of any of your obligations under these Terms. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with NORTH Performance. No delay by NORTH Performance in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect NORTH Performance's ability to subsequently exercise that right or remedy. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Any waiver must be agreed to by NORTH Performance in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will continue in full force and effect.
Notices
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. Notices of material changes to these Terms, and the subscription notices described in the Subscriptions section, will always be sent by email.
To Us. To give us notice under these Terms, you must contact us by electronic mail to support@northperformance.com. Legal notices should be sent to legal@northperformance.com.
Contact
- NORTH Performance Corporation
- Support: support@northperformance.com or Contact Us
- Legal: legal@northperformance.com.