Terms and Conditions

Effective Date: August 1, 2016
Last Updated: August 1, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the website operated by Skaggs Performance LLC, doing business as BOLDEN Nutrition (“BOLDEN Nutrition,” “BOLDEN,” “we,” “us,” or “our”), as well as purchases, subscriptions, consultations, body composition assessments, and other interactions with BOLDEN Nutrition online or at our physical retail location.

Our business information is:

Skaggs Performance LLC, DBA BOLDEN Nutrition
8375 Willow Street, Suite 208
Lone Tree, Colorado 80124
Email: info@boldennutrition.com

Please read these Terms carefully. By accessing our website, creating an account, placing an order, enrolling in a subscription, purchasing or using a product, participating in a consultation or body composition assessment, visiting our retail location, or otherwise interacting with BOLDEN Nutrition, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree to these Terms, you must not use our website, purchase our products or services, or participate in our consultations or assessments.

1. Scope of These Terms

These Terms apply to:

• Our website and its content;
• Purchases made through our website;
• Purchases made at our physical retail location;
• Product subscriptions and recurring orders;
• Dietary supplements and sports nutrition products;
• Vitamins, minerals, protein powders, pre-workout products, hydration products, weight-management products, and related merchandise;
• Prepared macro-focused meals and other packaged food products;
• Free consultations;
• Body composition assessments;
• Personalized product and meal recommendations;
• Educational materials, articles, videos, emails, social media posts, and other communications; and
• Any other product, service, promotion, or customer experience offered by BOLDEN Nutrition that refers or links to these Terms.

Certain purchases or services may also be subject to additional policies, disclosures, instructions, or manufacturer terms. Those additional terms are incorporated into these Terms by reference where applicable.

2. Eligibility and Age

Our website and services are intended primarily for individuals who are at least 18 years old.

By using our website, creating an account, enrolling in a subscription, or purchasing products, you represent that:

1. You are at least 18 years old; or
2. You are using our website or purchasing products with the knowledge, permission, and supervision of a parent or legal guardian who accepts these Terms on your behalf.

Certain products may be subject to manufacturer warnings, age recommendations, legal restrictions, or our own reasonable sales restrictions. We reserve the right to request proof of age, decline a sale, cancel an order, or restrict access to any product when we believe doing so is appropriate for safety, legal, or compliance reasons.

Parents and legal guardians are responsible for supervising a minor’s use of our website and any products purchased for or used by that minor.

3. Our Products and Services

BOLDEN Nutrition operates a retail sports nutrition and wellness business. Products and services may include:

• Dietary supplements;
• Protein powders and meal-replacement products;
• Pre-workout and performance-support products;
• Creatine, amino acids, and recovery products;
• Vitamins, minerals, greens, and general wellness products;
• Hydration and electrolyte products;
• Weight-management products;
• Healthy snacks and packaged food products;
• Prepared macro-focused meals;
• Fitness and wellness accessories;
• Free educational consultations;
• Body composition assessments; and
• Personalized educational recommendations relating to supplements, meals, fitness goals, and general wellness.

Our inventory, brands, product selection, meal selection, services, pricing, and availability may change at any time without notice.

We may limit the quantity of any product that may be purchased, refuse or cancel orders, discontinue products, restrict purchases that appear intended for unauthorized resale, or limit services at our discretion, subject to applicable law.

4. BOLDEN Nutrition Is Not a Medical Provider

BOLDEN Nutrition is a retail nutrition and supplement business. Unless expressly stated otherwise in writing with respect to a specific individual, our owners, employees, coaches, representatives, and retail staff are not acting as:

• Physicians;
• Nurses;
• Pharmacists;
• Registered dietitians;
• Licensed dietitians;
• Licensed nutritionists;
• Therapists;
• Medical technicians;
• Healthcare providers; or
• Other licensed medical professionals.

Our use of words such as “coach,” “consultation,” “assessment,” “plan,” “recommendation,” “performance,” “recovery,” “nutrition,” “health,” “wellness,” or similar terms does not mean that we are providing medical care, medical nutrition therapy, diagnosis, treatment, or a professional healthcare service.

No relationship between you and BOLDEN Nutrition creates a physician-patient, dietitian-client, therapist-client, pharmacist-patient, or other licensed healthcare relationship.

5. Informational and Educational Purposes Only

All information provided by BOLDEN Nutrition is for general informational and educational purposes only.

This includes information provided:

• On our website;
• On product and collection pages;
• In person at our retail location;
• During a consultation;
• During or after a body composition assessment;
• Through personalized product or meal recommendations;
• In emails, text messages, or newsletters;
• Through blogs, articles, videos, social media, or advertisements;
• In printed materials, displays, signs, or handouts; and
• Through conversations with our owners, employees, coaches, contractors, or representatives.

Information provided by BOLDEN Nutrition is not intended to replace professional medical advice, diagnosis, treatment, or individualized guidance from a qualified healthcare provider.

You should not use information provided by BOLDEN Nutrition to diagnose or treat a health condition, disease, injury, eating disorder, nutritional deficiency, mental health concern, or other medical issue, or to prescribe, start, stop, increase, decrease, or otherwise modify any medication or medical treatment.

Always seek the advice of your physician or another qualified healthcare professional with questions regarding a medical condition, supplement, diet, exercise routine, medication, or wellness program.

Never disregard professional medical advice or delay seeking medical care because of information provided by BOLDEN Nutrition.

6. Medical and Supplement Disclaimer

Before beginning any supplement, meal, nutrition, exercise, weight-management, or wellness program, you should consult your physician or another qualified healthcare professional.

This is particularly important if you:

• Are pregnant, nursing, attempting to become pregnant, or may be pregnant;
• Are under 18 years of age;
• Are an older adult;
• Have a diagnosed or suspected medical condition;
• Have a history of cardiovascular, kidney, liver, metabolic, endocrine, gastrointestinal, neurological, psychiatric, or other health conditions;
• Have high or low blood pressure;
• Have diabetes or blood-sugar concerns;
• Have an allergy, intolerance, or food sensitivity;
• Have a history of disordered eating or an eating disorder;
• Take prescription or over-the-counter medications;
• Use other dietary supplements;
• Are preparing for surgery or recovering from surgery;
• Participate in drug-tested athletics;
• Are sensitive to caffeine or other stimulants; or
• Have experienced a prior adverse reaction to a supplement or food product.

Dietary supplements can interact with medications, other supplements, foods, health conditions, and medical procedures. “Natural,” “herbal,” “plant-based,” or similar descriptions do not mean that a product is safe or appropriate for every individual.

You are solely responsible for determining, in consultation with an appropriate healthcare provider, whether a product or service is suitable for you.

7. FDA Disclaimer

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.

Information on this site is provided for informational purposes only. It is not meant to substitute for medical advice from your physician or another qualified medical professional. You should not use the information provided by BOLDEN Nutrition for diagnosing or treating a health problem or disease or for prescribing, starting, stopping, or modifying any medication.

Carefully read all product labels, warnings, directions, ingredient statements, allergen disclosures, and manufacturer documentation before using or consuming any product.

If you have or suspect that you have a medical problem, promptly contact your physician or another qualified healthcare provider.

Dietary supplements are regulated differently from prescription and over-the-counter drugs. The presence of a product on our website or in our store does not mean that the product has been reviewed or approved by the FDA for safety, effectiveness, diagnosis, treatment, cure, or prevention of disease.

8. Consultations and Personalized Recommendations

BOLDEN Nutrition may offer free in-store or online consultations. Consultations are intended to help customers better understand general product categories, supplement options, prepared meal options, product labels, serving instructions, and ways products may align with stated fitness or wellness goals.

Any recommendation made during a consultation is:

• Educational and informational only;
• Based largely on information you voluntarily provide;
• Not a diagnosis, prescription, treatment plan, or medical opinion;
• Not a substitute for advice from a physician, registered dietitian, licensed nutritionist, pharmacist, or other qualified professional; and
• Not a guarantee that a product or meal will be safe, suitable, effective, or appropriate for you.

You are responsible for providing complete and accurate information about your goals, current products, medications, allergies, sensitivities, dietary restrictions, health conditions, and other relevant circumstances.

Our recommendations may be incomplete or inappropriate if you withhold information, provide inaccurate information, misunderstand a question, or experience a change in your health, medications, activity, or circumstances.

We recommend that you provide any proposed supplement regimen to your physician or pharmacist for review before beginning use.

BOLDEN Nutrition does not prescribe products. The final decision to purchase, use, combine, or discontinue any product belongs to you and should be made with appropriate professional guidance.

9. Body Composition Assessments

BOLDEN Nutrition may offer body composition assessments using commercially available equipment.

Depending on the equipment used, an assessment may estimate or display metrics such as:

• Body weight;
• Body-fat percentage;
• Fat mass;
• Fat-free mass;
• Skeletal muscle mass;
• Body water;
• Visceral fat indicators;
• Segmental measurements;
• Basal metabolic rate;
• Body mass index; and
• Related wellness or composition metrics.

Body composition results are estimates and are not medical tests. They are not intended to diagnose obesity, dehydration, malnutrition, disease, hormonal conditions, metabolic disorders, or any other medical condition.

Results may be influenced by factors including:

• Hydration;
• Food or beverage consumption;
• Sodium intake;
• Alcohol consumption;
• Exercise;
• Perspiration;
• Menstrual cycle;
• Time of day;
• Clothing;
• Skin temperature;
• Recent travel;
• Equipment calibration;
• Device limitations; and
• Individual physiological differences.

Results may vary between assessments, devices, facilities, or measurement methods. BOLDEN Nutrition does not guarantee the accuracy, completeness, consistency, or clinical significance of any result.

You should not use body composition results as the sole basis for making medical, dietary, medication, or treatment decisions.

You are responsible for informing our staff before an assessment if you have a pacemaker, implanted electronic device, pregnancy, medical restriction, mobility concern, or other condition that may affect whether the equipment is appropriate for you. We may decline to perform an assessment if we believe it may be unsafe, inappropriate, or inconsistent with the equipment manufacturer’s instructions.

10. Product Selection and Manufacturer Information

BOLDEN Nutrition resells products manufactured, packaged, labeled, and supplied by third parties.

Unless expressly stated otherwise, we are not the manufacturer, formulator, laboratory, packager, or original distributor of the products we sell.

Manufacturers are generally responsible for:

• Product formulation;
• Ingredient selection;
• Manufacturing;
• Product testing;
• Labeling;
• Supplement Facts or Nutrition Facts panels;
• Ingredient and allergen disclosures;
• Serving instructions;
• Warnings;
• Claims;
• Lot coding;
• Expiration or best-by dates; and
• Product recalls.

We make reasonable efforts to present accurate product information. However, manufacturers may change formulas, ingredients, labels, serving sizes, packaging, warnings, certifications, flavors, or product appearance without advance notice.

The product you receive may differ from photographs or descriptions shown online. Website images may be used for illustration and may not reflect the current package design.

Always review the physical product label before use. Information printed on the product packaging should control over inconsistent website descriptions, unless the packaging appears damaged, altered, or erroneous.

Contact us before using a product if the product received appears materially different from the product ordered or if you believe a label is missing, damaged, or incorrect.

11. Product Use and Customer Responsibility

You agree to:

• Read the complete product label before use;
• Follow all manufacturer instructions and warnings;
• Use products only for their intended purpose;
• Follow stated serving sizes;
• Avoid exceeding recommended amounts;
• Avoid combining products in a manner that could result in excessive intake of caffeine, stimulants, vitamins, minerals, herbs, amino acids, or other ingredients;
• Properly store products;
• Keep products away from children and pets;
• Check seals and packaging before use;
• Stop using a product and seek appropriate medical care if you experience an adverse reaction; and
• Consult a qualified healthcare professional when appropriate.

You assume responsibility for evaluating all ingredients and determining whether a product is compatible with your health, medications, dietary requirements, allergies, athletic obligations, and other products you use.

You must not use products that are expired, damaged, improperly sealed, recalled, contaminated, or stored contrary to label instructions.

12. Allergies, Sensitivities, and Cross-Contact

Products sold by BOLDEN Nutrition may contain or be manufactured, processed, packaged, or stored in facilities that handle common allergens, including:

• Milk;
• Eggs;
• Fish;
• Shellfish;
• Tree nuts;
• Peanuts;
• Wheat;
• Soy;
• Sesame; and
• Other ingredients capable of causing allergic or sensitivity reactions.

Products may also contain caffeine, sugar alcohols, artificial or natural flavors, colors, herbs, botanicals, sweeteners, or other ingredients that may cause sensitivities or adverse reactions in some individuals.

You are solely responsible for reviewing ingredient statements and allergen warnings before purchasing or consuming a product.

Do not rely solely on filters, collection names, verbal descriptions, website categories, or marketing labels such as “gluten-free,” “dairy-free,” “vegan,” “natural,” “clean,” or similar terms without checking the current manufacturer label.

BOLDEN Nutrition cannot guarantee that any retail area, storage area, shipping environment, meal, supplement, or product is free from allergens or cross-contact.

Individuals with severe or life-threatening allergies should contact the manufacturer directly and consult a healthcare professional before use.

13. Athletic and Drug-Testing Considerations

BOLDEN Nutrition does not guarantee that any product is permitted by, or compliant with, the rules of a particular athletic association, school, league, employer, military organization, competition, sanctioning body, or drug-testing program.

Certifications and testing claims are determined by third parties and may change.

Athletes and other individuals subject to drug testing are solely responsible for:

• Reviewing all product ingredients;
• Confirming current certification status;
• Consulting their coach, athletic department, governing organization, or medical professional;
• Understanding applicable prohibited-substance rules; and
• Assuming the risk that a supplement may contain an ingredient or contaminant that affects a drug test.

BOLDEN Nutrition is not responsible for a failed drug test, athletic suspension, employment action, disqualification, loss of eligibility, or similar consequence related to product use.

14. Prepared Macro-Focused Meals

BOLDEN Nutrition resells packaged, prepared macro-focused meals produced off-site by one or more third-party commercial kitchens.

The meals are purchased by BOLDEN Nutrition at wholesale and resold through our retail operation. BOLDEN Nutrition is not the original manufacturer or preparer of those meals unless expressly stated otherwise.

The third-party meal producer is responsible for preparing, packaging, and labeling the meals in accordance with its applicable obligations. BOLDEN Nutrition is responsible for handling and reselling the meals in accordance with applicable retail requirements.

Meal ingredients, nutritional information, macronutrient values, allergen statements, preparation instructions, storage instructions, and use-by dates are supplied by the meal producer.

Macronutrient and calorie values are estimates and may vary due to ingredient sourcing, preparation methods, serving variation, substitutions, and ordinary measurement tolerances.

You are responsible for:

• Reviewing the complete meal label;
• Checking ingredients and allergens;
• Following refrigeration or freezing instructions;
• Observing use-by, sell-by, or expiration dates;
• Following reheating and preparation instructions;
• Ensuring the meal remains properly stored after purchase or delivery; and
• Discarding food that appears spoiled, damaged, improperly sealed, thawed beyond safe limits, or otherwise unsafe.

Perishable foods should not be left unrefrigerated beyond safe handling periods. BOLDEN Nutrition is not responsible for spoilage or food-safety issues caused by delayed pickup, unattended delivery, improper transportation, failure to refrigerate, power loss, improper reheating, or handling after the product leaves our possession.

If you have a severe food allergy, dietary restriction, gastrointestinal condition, metabolic condition, or medically prescribed diet, consult the meal producer and your healthcare provider before consumption.

Meal recommendations made by BOLDEN Nutrition are general educational suggestions and do not constitute medical nutrition therapy or a prescribed diet.

15. No Guarantee of Results

Results from supplements, nutrition, prepared meals, exercise, or lifestyle changes vary substantially among individuals.

BOLDEN Nutrition does not promise or guarantee:

• Weight loss;
• Fat loss;
• Muscle gain;
• Strength gains;
• Improved body composition;
• Increased endurance;
• Improved athletic performance;
• Improved energy;
• Improved sleep;
• Faster recovery;
• Appetite reduction;
• Changes in metabolism;
• Improved focus;
• Improved hormone levels;
• Resolution of symptoms;
• Prevention of illness; or
• Any other specific outcome.

Results may depend on factors beyond our control, including:

• Genetics;
• Age;
• Sex;
• Health status;
• Medication use;
• Training history;
• Exercise selection and consistency;
• Calorie and nutrient intake;
• Sleep;
• Stress;
• Hydration;
• Product adherence;
• Product tolerance; and
• Other lifestyle and environmental factors.

Testimonials, reviews, before-and-after images, examples, educational content, and customer stories describe individual experiences and are not guarantees that you will achieve the same or similar outcome.

16. Accounts and Account Security

Certain website features may allow or require you to create a customer account.

You agree to provide accurate, current, and complete information and to update that information when necessary.

You are responsible for:

• Maintaining the confidentiality of your login credentials;
• Restricting access to your device and account;
• All activities conducted through your account; and
• Promptly notifying us of suspected unauthorized use.

You must not impersonate another person, create an account using false information, access another customer’s account without permission, or use an account for unlawful or fraudulent activity.

We may suspend or terminate an account if we reasonably believe it has been compromised, used fraudulently, or operated in violation of these Terms.

17. Orders and Acceptance

Submitting an order does not guarantee that we will accept or fulfill it.

An order is an offer to purchase. We may accept, reject, limit, or cancel an order for reasons including:

• Product unavailability;
• Inventory errors;
• Pricing or description errors;
• Payment failure;
• Suspected fraud;
• Unauthorized payment activity;
• Suspected unauthorized resale;
• Quantity limitations;
• Shipping restrictions;
• Safety concerns;
• Legal or regulatory requirements; or
• Violation of these Terms.

An automated order confirmation confirms that we received your order. It does not necessarily mean the order has been accepted or shipped.

If we cancel an order after payment has been collected, we will issue the appropriate refund to the original payment method, subject to processing times imposed by financial institutions.

18. Pricing, Taxes, and Errors

Prices are displayed in U.S. dollars unless otherwise stated.

Prices, discounts, promotions, and product availability may differ between our website and physical store. We are not required to honor an online promotion in-store or an in-store promotion online unless the offer expressly states otherwise.

Applicable sales tax and other charges will be added when required by law.

We attempt to provide accurate prices and descriptions but do not guarantee that all information is error-free.

If a product is listed at an incorrect price or contains a material error, we may:

• Correct the information;
• Contact you for instructions;
• Cancel the affected order; or
• Decline to fulfill the order.

We are not obligated to honor an obvious pricing, promotional, typographical, or technical error.

19. Payments

You agree to provide valid and authorized payment information.

By submitting payment information, you represent that:

• You are authorized to use the selected payment method;
• The billing information is accurate;
• Charges incurred by you may be processed; and
• You will pay all applicable amounts, taxes, and fees.

Payment processing may be provided by third-party payment processors. Your payment information may be subject to the processor’s separate terms and privacy practices.

We do not guarantee that every payment method will remain available.

You are responsible for any charges imposed by your bank, card issuer, or payment provider, including insufficient-funds fees, foreign transaction fees, or other third-party charges.

20. Product Subscriptions and Automatic Renewal

Certain eligible products may be offered through an automatically renewing subscription.

20.1 Subscription Authorization

By enrolling in a subscription, you expressly authorize BOLDEN Nutrition and its payment processor to charge your selected payment method automatically at the frequency, price, and terms disclosed before enrollment, unless and until you cancel.

The subscription offer presented before enrollment will identify applicable information such as:

• The product included;
• The recurring price or method for determining the price;
• Billing frequency;
• Delivery frequency;
• Minimum purchase obligation, if any;
• Whether discounts apply;
• How the subscription renews;
• How to cancel; and
• Any material restrictions.

You must affirmatively consent to the subscription terms before enrollment.

20.2 Automatic Renewal

Subscriptions renew automatically at the selected interval until cancelled.

Your payment method may be charged shortly before, on, or after the scheduled processing date, depending on processing requirements.

20.3 Price and Product Changes

Subscription prices may change due to manufacturer pricing, taxes, shipping costs, discounts, promotions, product changes, or other business considerations.

When required by law, we will provide advance notice of a material price or subscription change before charging the updated amount.

If a subscribed product becomes unavailable, we may delay the shipment, contact you, cancel the affected shipment, or offer a replacement. We will not substitute a materially different product without authorization when consent is required.

20.4 Renewal Notices

We will provide renewal reminders, change notices, or other subscription communications when and as required by applicable law.

You are responsible for keeping your email address, billing information, shipping address, and account information current.

20.5 Cancellation

You may cancel an eligible subscription at any time before the next order has entered processing.

Subscriptions initiated online may be cancelled using the online cancellation method made available through your account, subscription-management link, or another online method we provide.

You may also request cancellation by contacting:

info@boldennutrition.com

A cancellation applies to future renewals. It does not automatically cancel an order that has already been processed, packed, shipped, delivered, or made available for pickup.

To avoid the next charge, submit your cancellation before the processing deadline displayed in your account or subscription notice. If no separate deadline is displayed, cancel before the next scheduled billing or processing date.

20.6 Failed Payments

If a recurring payment fails, we may:

• Retry the payment;
• Request updated payment information;
• Delay or skip a shipment;
• Suspend the subscription; or
• Cancel the subscription.

You remain responsible for valid charges incurred before cancellation.

20.7 Subscription Discounts

A subscription discount may apply only while the subscription remains active and compliant with its terms.

Promotional subscription pricing may be limited to certain products, quantities, customers, or periods.

We may modify or discontinue subscription discounts prospectively, subject to applicable notice requirements.

21. Promotions, Discounts, and Promotional Codes

Promotions and discount codes are subject to their stated terms.

Unless expressly stated otherwise:

• Promotions have no cash value;
• Discounts cannot be combined;
• Discounts apply only to eligible products;
• Exclusions may apply;
• Promotions may expire;
• Discounts do not apply retroactively;
• Promotional codes may be limited to one use per customer or household;
• Subscription discounts may not combine with other offers;
• Taxes and shipping may be excluded; and
• Promotions may be modified or ended as permitted by law.

We may reject or cancel transactions involving suspected abuse, duplication, manipulation, fraud, or unauthorized distribution of a promotional code.

22. Shipping and Delivery

BOLDEN Nutrition currently ships only to eligible addresses within the United States.

Available destinations, carriers, shipping methods, charges, and delivery estimates will be displayed when available during checkout.

Delivery dates are estimates and are not guarantees.

Delays may occur due to:

• Carrier operations;
• Weather;
• Natural disasters;
• Transportation disruptions;
• Holidays;
• Supply-chain interruptions;
• Incorrect addresses;
• Access restrictions;
• Theft;
• Government action;
• Labor interruptions; or
• Other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate shipping address. Additional charges resulting from an incorrect, incomplete, or undeliverable address may be your responsibility.

You are responsible for promptly retrieving delivered packages and protecting products from heat, freezing temperatures, rain, theft, animals, or other environmental conditions.

Additional rules regarding shipping, delivery problems, damaged packages, and claims will be stated in our separate Shipping Information page.

23. Returns, Refunds, and Exchanges

Returns, exchanges, and refunds are governed by our separate Refund Policy, which is incorporated into these Terms by reference.

Eligibility may depend on factors such as:

• Product type;
• Whether the product has been opened;
• Whether the safety seal is intact;
• Date of purchase;
• Proof of purchase;
• Product condition;
• Whether the product is perishable;
• Whether the item was a final-sale, clearance, or promotional item; and
• Whether the product was purchased from BOLDEN Nutrition.

Prepared meals, refrigerated products, frozen products, opened consumables, and other perishable goods may be nonreturnable except where required by law or where the product was damaged, defective, spoiled when supplied, or supplied incorrectly.

Nothing in these Terms limits any nonwaivable consumer right provided by applicable law.

24. Recalls, Safety Notices, and Adverse Events

Manufacturers or government agencies may issue product recalls, market withdrawals, warning notices, or safety communications.

We may attempt to notify affected customers when reasonably possible, but we do not guarantee that we can identify or contact every purchaser.

You are responsible for:

• Monitoring manufacturer and government recall notices;
• Retaining lot and purchase information when appropriate;
• Following recall instructions;
• Discontinuing use of a recalled product; and
• Seeking medical care when necessary.

If you experience a serious adverse event, discontinue use and seek appropriate medical care. You may also report the event to the product manufacturer or appropriate government agency.

Contact us if you believe a product sold by BOLDEN Nutrition is subject to a recall or presents a safety issue.

25. Website Content and Availability

We strive to keep our website accurate, available, and functional. However, we do not guarantee that:

• The website will always be available;
• Content will be error-free;
• Product information will always be current;
• Website functions will be uninterrupted;
• Defects will be corrected immediately;
• The website will be free of viruses or harmful components; or
• The website will work with every device, browser, or system.

We may modify, suspend, restrict, or discontinue all or part of the website at any time.

Website content may contain typographical, technical, photographic, or descriptive errors. We may correct or update content without notice.

26. Permitted Use

You may use our website only for lawful, personal, and noncommercial purposes, including learning about BOLDEN Nutrition and purchasing products for personal use.

You may not:

• Use the website for fraud or unlawful activity;
• Misrepresent your identity;
• Attempt unauthorized access to the website or related systems;
• Interfere with security or website operations;
• Introduce malware, viruses, bots, or harmful code;
• Scrape, crawl, harvest, or extract data without permission;
• Copy or republish website content for commercial use;
• Circumvent purchase limits or access controls;
• Use our content to train or develop competing commercial systems without authorization;
• Resell products in a manner that falsely suggests affiliation or authorization;
• Submit false reviews or misleading information;
• Infringe intellectual property or privacy rights; or
• Assist another person in prohibited conduct.

We may restrict or terminate access for violations of this section.

27. Intellectual Property

The website and its contents are owned by or licensed to Skaggs Performance LLC and are protected by intellectual-property laws.

Protected materials may include:

• The BOLDEN Nutrition name;
• Logos and wordmarks;
• Taglines;
• Graphics;
• Website layout and design;
• Photography;
• Videos;
• Written content;
• Product descriptions created by us;
• Educational materials;
• Consultation materials;
• Guides;
• Downloads;
• Icons;
• Artwork;
• Packaging concepts; and
• Other original content.

You receive a limited, revocable, nonexclusive, nontransferable right to access and use the website for personal, lawful purposes.

No ownership interest is transferred to you.

You may not reproduce, modify, distribute, display, publish, create derivative works from, sell, license, or commercially exploit our intellectual property without prior written authorization.

Third-party brand names, trademarks, product images, and content remain the property of their respective owners.

28. Reviews, Feedback, and User Content

You may have opportunities to submit reviews, comments, photographs, testimonials, feedback, questions, or other content (“User Content”).

You represent that User Content submitted by you:

• Is truthful and based on your genuine experience;
• Does not infringe another person’s rights;
• Does not disclose confidential or private information;
• Is not defamatory, threatening, obscene, abusive, or discriminatory;
• Does not contain malware or harmful code;
• Does not make unlawful medical or disease claims;
• Does not contain unauthorized advertising or spam; and
• Complies with applicable law.

By submitting User Content, you grant BOLDEN Nutrition a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, display, distribute, and create derivative works from that content for lawful business and marketing purposes, subject to applicable privacy and publicity laws.

We may moderate, edit, decline, or remove User Content, but we are not obligated to do so.

We do not guarantee that reviews represent the views of BOLDEN Nutrition.

29. Third-Party Websites and Services

Our website may include links to manufacturer websites, payment services, social networks, delivery providers, mapping services, or other third-party resources.

Links are provided for convenience and do not necessarily constitute endorsement.

We do not control and are not responsible for third-party:

• Websites;
• Products;
• Services;
• Content;
• Accuracy;
• Security;
• Availability;
• Privacy practices; or
• Business conduct.

Your use of a third-party service is governed by that third party’s terms and policies.

30. Electronic Communications

By interacting with us electronically, you consent to receive transactional communications electronically, including:

• Order confirmations;
• Receipts;
• Shipping notices;
• Subscription confirmations;
• Renewal reminders;
• Subscription changes;
• Cancellation confirmations;
• Account notices;
• Safety information; and
• Policy updates.

Electronic records and communications satisfy legal requirements that communications be in writing, to the extent permitted by law.

Marketing emails or text messages will be subject to the consent and opt-out options applicable to those communications.

You are responsible for maintaining an accurate email address and checking messages, spam folders, and account notices.

31. Privacy

Our collection, use, retention, and disclosure of personal information are governed by our separate Privacy Policy.

By using our website or providing personal information, you acknowledge that you have reviewed or had the opportunity to review that policy.

The Privacy Policy will be made available separately and is incorporated into these Terms by reference.

32. Disclaimer of Warranties

To the fullest extent permitted by law, our website, content, consultations, assessments, recommendations, products, and services are provided on an “as is” and “as available” basis.

Except for warranties that cannot legally be excluded, BOLDEN Nutrition disclaims all express and implied warranties, including implied warranties of:

• Merchantability;
• Fitness for a particular purpose;
• Noninfringement;
• Accuracy;
• Availability;
• Safety;
• Effectiveness;
• Results; and
• Compatibility.

We do not warrant that a product or service will meet your expectations or produce any specific outcome.

Manufacturer warranties, if any, are provided by the applicable manufacturer and are subject to the manufacturer’s terms.

Nothing in this section excludes a warranty or consumer protection that cannot be waived under applicable law.

33. Assumption of Risk

You acknowledge that dietary supplements, food products, physical activity, nutrition changes, weight-management efforts, and wellness programs involve inherent risks.

Those risks may include:

• Allergic reactions;
• Gastrointestinal symptoms;
• Caffeine or stimulant reactions;
• Medication interactions;
• Changes in blood pressure or heart rate;
• Dehydration;
• Overconsumption;
• Nutrient imbalance;
• Foodborne illness;
• Injury;
• Worsening of a medical condition;
• Unexpected test results; and
• Other adverse effects.

By choosing to purchase or use a product or participate in a service, you knowingly assume risks reasonably associated with that decision, except to the extent a risk cannot legally be assigned to you.

This assumption of risk does not excuse BOLDEN Nutrition from liability that cannot lawfully be waived.

34. Limitation of Liability

To the fullest extent permitted by applicable law, Skaggs Performance LLC, BOLDEN Nutrition, and their owners, members, officers, employees, representatives, contractors, affiliates, licensors, suppliers, service providers, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to:

• Your use or inability to use our website;
• Products purchased or used;
• Product combinations or misuse;
• Reliance on educational information;
• Consultations or recommendations;
• Body composition results;
• Prepared meals;
• Shipping delays or carrier actions;
• Unauthorized account access;
• Third-party websites or services;
• Lost profits, revenue, data, opportunity, or goodwill; or
• Any other interaction with BOLDEN Nutrition.

To the fullest extent permitted by law, our total aggregate liability relating to a particular product, transaction, service, or event will not exceed the amount you paid directly to BOLDEN Nutrition for the product or service giving rise to the claim.

The limitations in this section apply regardless of the legal theory asserted and even if we were advised that damages were possible.

Some jurisdictions do not permit certain warranty exclusions or liability limitations. In such jurisdictions, these provisions apply only to the maximum extent permitted by law.

Nothing in these Terms limits liability for fraud, intentional misconduct, gross negligence, personal injury caused by liability that cannot lawfully be waived, or any other liability that applicable law prohibits us from limiting.

35. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Skaggs Performance LLC, BOLDEN Nutrition, and their owners, members, officers, employees, representatives, contractors, affiliates, suppliers, licensors, service providers, and agents from claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising out of or relating to:

• Your violation of these Terms;
• Your unlawful or improper use of the website;
• Your misuse of a product;
• Your failure to follow product instructions or warnings;
• Your violation of another person’s rights;
• User Content submitted by you;
• Fraudulent activity associated with your account; or
• Your resale or redistribution of products.

This obligation does not apply to the extent a claim results from conduct for which BOLDEN Nutrition cannot lawfully require indemnification.

36. Force Majeure

BOLDEN Nutrition will not be responsible for a delay or failure caused by circumstances beyond our reasonable control, including:

• Natural disasters;
• Severe weather;
• Fire;
• Flood;
• Epidemic or pandemic;
• War;
• Terrorism;
• Civil unrest;
• Government action;
• Labor disruption;
• Transportation interruption;
• Utility outage;
• Cyberattack;
• Carrier delay;
• Supplier failure;
• Ingredient shortage;
• Manufacturing interruption;
• Equipment failure; or
• Internet or telecommunications failure.

We may delay, modify, substitute, or cancel affected obligations as reasonably necessary.

37. Suspension or Termination

We may suspend or terminate your account, subscription, website access, order privileges, or eligibility for services if we reasonably believe that you:

• Violated these Terms;
• Engaged in fraud or abuse;
• Threatened or harassed staff or customers;
• Misused a promotion;
• Created a safety concern;
• Attempted an unauthorized resale;
• Initiated improper chargebacks;
• Used false payment or identity information; or
• Engaged in unlawful conduct.

Termination does not eliminate obligations incurred before termination.

You may stop using the website at any time and may cancel eligible subscriptions in accordance with the subscription terms.

38. Governing Law

These Terms and any dispute arising out of or relating to them, our website, products, services, consultations, assessments, or transactions will be governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

39. Venue and Jurisdiction

Unless applicable law requires otherwise, any legal action arising out of or relating to these Terms or your relationship with BOLDEN Nutrition must be brought in a state or federal court having jurisdiction in or serving Douglas County, Colorado.

You consent to the personal jurisdiction of those courts.

This section does not prevent either party from pursuing a claim in an eligible small-claims court.

40. Changes to These Terms

We may update these Terms periodically to reflect changes in our products, services, practices, technology, or legal obligations.

The revised Terms will be posted with a new “Last Updated” date.

Changes apply prospectively from the effective date stated in the revised Terms unless applicable law requires otherwise.

Your continued use of our website or services after revised Terms become effective constitutes acceptance of the revised Terms.

Material subscription changes will be communicated as required by applicable law.

41. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed if necessary.

The remaining provisions will continue in full force and effect.

42. No Waiver

Our failure or delay in enforcing a provision of these Terms does not waive our right to enforce that provision or any other provision later.

A waiver is effective only if made in writing by an authorized representative of Skaggs Performance LLC.

43. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of business operations, or other lawful transaction.

44. Entire Agreement

These Terms, together with policies and disclosures expressly incorporated by reference, constitute the entire agreement between you and BOLDEN Nutrition concerning the matters addressed here.

They supersede prior or contemporaneous communications relating to those matters.

Headings are provided for readability and do not limit the meaning of any provision.

45. Contact Us

Questions about these Terms and Conditions may be directed to:

Skaggs Performance LLC, DBA BOLDEN Nutrition
8375 Willow Street, Suite 208
Lone Tree, Colorado 80124

Email: info@boldennutrition.com

Please include “Terms and Conditions” in the subject line of your email.

Important Health Notice

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.

Information provided by BOLDEN Nutrition is for informational and educational purposes only and is not a substitute for advice, diagnosis, or treatment from a physician or another qualified healthcare professional.

Carefully read all product labels, documentation, ingredients, directions, warnings, and allergen information. Consult your physician before taking supplements, making significant dietary changes, or beginning a new nutrition, exercise, or wellness program.

If you have or suspect that you have a medical problem, promptly contact a qualified healthcare provider.