Terms & Conditions

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION about your rights and obligations, as well as the terms, limitations, and exclusions that may apply to you. Please read it carefully.

THESE TERMS REQUIRE INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES—rather than jury trials or class actions—unless you opt out.

By placing an order on this website, you agree to and are bound by these Terms and Conditions.

You may not order or obtain products from this website if (A) you do not agree to these Terms; (B) you are not (i) at least 18 years old, or (ii) of legal age to enter into a binding contract with Tasty Gains LLC; or (C) you are prohibited from accessing or using this website or any of its content, goods, or services by applicable law.

These Terms and Conditions (the “Terms”) apply to the purchase and sale of products and services through the Tasty Gains website (the “Site”). These Terms may be changed by Tasty Gains LLC (“Tasty Gains,” “we,” or “us,” as the context requires) at any time without prior written notice, at our sole discretion. The latest version of the Terms will be posted on this Site. You should review them before purchasing any products or services available on this Site. Your continued use of the Site after any changes to the Terms are posted constitutes your acceptance of those changes.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell to you. We may choose not to accept any orders at our sole discretion. After receiving your order, we will send you an order confirmation email with your order number and details of the items ordered. Acceptance of your order and formation of the sales contract between Tasty Gains and you will not take effect until you receive the order confirmation email.

3. Prices and Payment Terms

(a) Prices. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will apply only to orders placed after such changes. Posted prices do not include taxes or shipping charges. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer, and we reserve the right to cancel any orders arising from such errors.

(b) Payment. Payment terms are at our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use the payment method; (iii) charges incurred by you will be honored by your credit card company or bank; and (iv) you will pay charges incurred by you at the posted prices, including applicable taxes, if any.

4. Subscription Renewals

Your ongoing subscription will be automatically billed monthly, with each charge occurring on the same calendar date as your initial purchase (e.g., if you subscribed on March 24, you will be charged on April 24, May 24, etc.). To cancel your subscription, log in and cancel before your next billing date. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL. IF YOU DO NOT CANCEL BEFORE THE NEXT BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER MONTH. Any cancellation request received after the scheduled billing date will apply to the following subscription period. We reserve the right to refuse renewal of a subscription at our sole discretion.

5. Shipments; Delivery; Title and Risk of Loss

(a) We will arrange shipment of the products. Please see the product page for specific delivery options. Shipping and handling charges as shown at checkout will be your responsibility.

(b) Title and risk of loss pass to you upon transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6. Returns and Refunds

For unopened products, we accept returns and will issue a refund after receipt and inspection of the unopened product. For opened or used products, we do not accept returns, but we may, at our discretion, issue a refund or send a replacement product to resolve any issue. To request a refund, email tastygainsteam@gmail.com within 30 days of your order.

To prevent abuse of this policy, we reserve the right to refuse requests from any customer with a pattern of repeated refunds, defined as more than two refund requests within a 12-month period. Refunds are typically processed within approximately 15 business days after inspection of the returned product or after we decide to issue a refund without requiring a return; however, we do not guarantee processing within that timeframe. Your refund will be credited to the same payment method used for the original purchase on the Site.

7. Warranty Disclaimer

EXCEPT WHERE PROHIBITED BY LAW (INCLUDING IN NEW JERSEY), THE WEBSITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT AS EXPRESSLY STATED OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TASTY GAINS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW (INCLUDING IN NEW JERSEY), YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TASTY GAINS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “TASTY GAINS PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, PROFITS, DATA, GOODWILL, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE—ARISING FROM: (1) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (2) YOUR USE OF OR INABILITY TO USE ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

IN NO EVENT WILL TASTY GAINS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO TASTY GAINS IN THE LAST SIX (6) MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS (US $100).

Some jurisdictions (including, without limitation, New Jersey) do not allow the exclusion or limitation of liability for incidental or consequential damages; therefore, the above limitation may not apply to you. Where applicable law does not allow us to disclaim an implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.

9. Goods Not for Resale or Export

You represent and warrant that you are purchasing products or services on the Site for personal or household use only, and not for resale or export. You agree to comply with all applicable laws and regulations of any state and of the United States regarding such products or services.

10. Privacy

Our Privacy Policy, available at https://tastygains.com/pages/privacy-policy, governs the processing of any personal data collected from you in connection with your purchase of products or services through the Site.

11. Force Majeure

We will not be liable to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining adequate or suitable supplies, materials, or utilities, or telecommunication or power outages.

12. 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 Arizona, without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.

13. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT.

(a) Binding Arbitration. You and Tasty Gains agree that—except for (i) claims relating to intellectual property and (ii) any claim that may be brought in small-claims court where the amount in controversy is within that court’s jurisdiction (collectively, “Excluded Claims”)—any dispute or claim arising out of these Terms or your relationship with Tasty Gains as a customer, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (the “Covered Claims”), **will be resolved by binding individual