Terms & Conditions

Site Terms of Use

The Website is an Internet property of Beyond 40 (“Beyond 40,” “we” or “us”). You agree to the following Website Terms of Use (“Terms of Use”) in their entirety, when you: (1) access or use the Website; (2) interact with Beyond 40 online; and/or (3) purchase products or services offered on our Website (“Online Products”). The Privacy Policy (“Privacy Policy”) and any and all other applicable Beyond 40 operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever.

1. Definitions

The "Beyond 40 Sites" shall mean all areas and services offered or available on the interactive online service operated by Beyond 40 and/or its affiliates on the World Wide Web. The Beyond 40 sites consist of information, services and content provided by Beyond 40 and/or its affiliates and/or third parties.

2. General

Beyond 40 shall have the right at any time to change or discontinue any aspect or feature of the Beyond 40 Sites including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions, or deletions shall be effective immediately without further notice thereof. Amendments to these Terms of Use may be given in a variety of means including, but not limited to, posting on the Beyond 40 Sites a revised version of this Agreement or notification by electronic mail. Any use of the Beyond 40 Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions, or deletions. You agree to review these Terms of Use periodically to be aware of such revisions.

3. Use of the Beyond 40 Sites

A. The Beyond 40 Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Beyond 40 Sites are copyrighted as a collective work under the United States copyright laws. Beyond 40 is the owner of the copyright in the entire Beyond 40 Sites. Beyond 40 owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to that provider. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Beyond 40 Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Beyond 40 Sites without the express permission of Beyond 40 and, if applicable, the copyright owner. In the event of any permitted copying, redistribution, or publication of material from the Beyond 40 Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.
B. The Beyond 40 Sites may allow you to submit, or Beyond 40 may solicit certain materials or information from You including reviews, comments, feedback, e-mails, videos, photographs, and other data or information (“Your Content”). You represent and warrant that (1) you are solely responsible for Your Content; (2) that you are the owner of Your Content and have all rights necessary for Beyond 40 to use Your Content as permitted in these Terms of Use; and (3) You hereby grant to Beyond 40 and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, store, cache, distribute, perform and display Your Content or to incorporate it in other works in any form, media or technology now known or later developed. You agree that your reviews submitted to Beyond 40 may be used in any form by Beyond 40 for marketing purposes. You also grant Beyond 40 the right to sublicense these rights in Your Content to others, which may result in “viral” content. You agree that Beyond 40 may use third party technology and service providers in connection with these rights.
C. All information you provide to Beyond 40 shall be accurate, complete, and updated.
D. The Beyond 40 Sites contain links to other Web sites, resources, and advertisers. Beyond 40 is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products, or other materials made available on or through such external sites. Under no circumstances shall Beyond 40 be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external site. You should direct any concerns to such external site’s administrator.
E. You agree not to take any action to interfere with the function or accessibility of the Beyond 40 Site or to take any action to restrict the access of others thereto.
F. The provisions of this Section 3 are for the benefit of Beyond 40, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
G. Beyond 40 has carefully designed the Beyond 40 Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Beyond 40 Site in any way that interferes with that purpose. In particular, Beyond 40 prohibits any party from displaying the content on the Beyond 40 Sites in any format where third party advertising or other materials that Beyond 40 did not authorize in writing is viewed or viewable together with Beyond 40’s proprietary content.
H. Beyond 40 is the only authorized seller of Beyond 40 products. You agree that products purchased on the site are for personal use only and not purchased for resale. If a customer violates these Terms of Use, the customer may no longer be permitted to place orders with Beyond 40. Affiliates may lose their affiliate status for violating these Terms of Use, pursuant to Beyond 40’s affiliate partner Terms and Conditions.

4. Disclaimer of Warranty; Limitation of Liability

A. YOU EXPRESSLY AGREE THAT USE OF THE BEYOND 40 SITE IS AT YOUR SOLE RISK. NEITHER BEYOND 40, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE BEYOND 40 SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BEYOND 40 SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE BEYOND 40 SITES.
B. THE BEYOND 40 SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BEYOND 40 IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL BEYOND 40 OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE BEYOND 40 SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BEYOND 40 OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE BEYOND 40 SITES. BEYOND 40’S LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU PAID TO BEYOND 40.
E. BEYOND 40 NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE BEYOND 40 SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY USERS. UNDER NO CIRCUMSTANCES WILL BEYOND 40 BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE BEYOND 40 SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE BEYOND 40 SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
F. BEYOND 40 DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE BEYOND 40 SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH BEYOND 40 PRODUCTS) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. BEYOND 40 MAKES PRODUCTS OR SERVICES AVAILABLE ON THE BEYOND 40 SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
G. NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. Nothing in these Terms & Conditions limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and Conditions and New Jersey law, New Jersey law shall govern.

5. Indemnification

You agree to defend, indemnify and hold harmless Beyond 40, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Beyond 40 Sites, including claims by other users of your equipment, access or membership.

6. Termination

Beyond 40 shall have the right to immediately terminate this Agreement with respect to any user which Beyond 40, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 8, and “Miscellaneous” shall survive termination of this Agreement.

7. Trademarks

All trademarks appearing on the Beyond 40 Sites are the property of their respective owners, including, in some instances, Beyond 40, and/or affiliated companies.

8. Delivery, Title & Risk of Loss

All Online Products purchased from Beyond 40 are made pursuant to a shipment contract with our carriers. That means that (1) delivery of the Online Products to you is made upon our delivery to the carrier, which occurs in the United States of America (FCA Denver, CO, Incoterms 2010), and (2) risk of loss and title for the Online Products purchased pass to you upon our delivery to the carrier.

9. Products & Pricing

Beyond 30 Lean Belly 3X
1 Bottle $59
3 Bottles $49 Per Bottle (Save 17%)
6 Bottles $39 Per Bottle (Save 34%)

Beyond 40 Metabolic-6
1 Bottle $59
3 Bottles $49 Per Bottle (Save 17%)
6 Bottles $39 Per Bottle (Save 34%)

Beyond 40 Carb Burn
1 Bottle $59
3 Bottles $49 Per Bottle (Save 17%)
6 Bottles $39 Per Bottle (Save 34%)

Miscellaneous

This Agreement and any operating rules for the Beyond 40 Sites established by Beyond 40 constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Michigan without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any Beyond 40 Site shall be brought in state or federal courts in Lansing, Michigan, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to Beyond 40 to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import.