Terms  & Conditions

Post 9 LLC ("Post 9 ,""we," or "us") operates the website www.post9.com and provides subscriptionservices of various kinds as set forth more fully herein (the"Services").  The Site andServices are made available to you only under the following terms andconditions (the "Terms").

 

By accessing, browsing or using this Site, you acknowledgethat you have read, understood and agreed to be bound by these Terms andConditions (these “Terms”). If you do not agree to these Terms, you should notuse or access this Site. We reserve the right to revise these Terms at any timeby updating this posting. You are encouraged to review these Terms each timeyou use the Site because your use of the Site after the posting of changes willconstitute your acceptance of the changes. Agreement to these Terms alsoconstitutes your agreement to the Post 9 Privacy Policy (the “Privacy Policy”),which are incorporated herein.

Use of Site

Accounts.In order to use certain features of the Site or Services, you must register for an account with us (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 


Access to Features of Online Services.Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. 


 Use of Third-Party Offerings.You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings. 

Subscription Service

Types of Subscriptions.Post 9 offers monthly, three (3) month, and six (6) month subscriptions that automatically renew at the end of the respective term unless cancelled in accordance with the terms set forth herein. All automatically renewed subscriptions will expire at the end of 12 months. Subscriptions are not transferrable. We also offer a 12 month one-time purchase option that does not automatically renew. Additionally, you may purchase a subscription as a “Gift Subscription.” Gift Subscriptions cannot be cancelled or transferred once it has been claimed and will not automatically renew unless the recipient signs up to continue the subscription. 


 Concierge Service.We profile customers utilizing a questionnaire tool to gauge customer needs, which allows us to determine personalized content and select items for monthly box. We direct customers to services and resources curated according to their needs as determined by questionnaire. In the event a customer does not fill out the questionnaire, that customer will not receive personalized products, but instead will receive general wellness, self-care, or recovery items. Please understand that this is not an endorsement of the services or resources recommended to customer unless otherwise stated. We may make recommendations for other products or services based on the questionnaire which may require additional fees. OUR ADVICE IS FOR INFORMATIONAL PURPOSES ONLY, IS NOT A MEDICAL OPINION INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT MEDICAL CONDITIONS, NOR IS IT TO BE CONSIDERED AN ALTERNATIVE TO MEDICAL ADVICE. 


Payment Terms.Once you select a subscription, you will be charged the applicable price upon order confirmation. All recurring payments will be charged in accordance with the subscription chosen by you. You agree to pay the price applicable for the subscription as of the time you submitted your order and any applicable Taxes (defined below). If you order a subscription to with a monthly term, or a term of 3 months or 6 months that auto-renews, then you agree to pay the applicable price and Taxes upon each auto-renewal date, until you terminate your subscription in accordance with the directions on the Site. Your next billing date will be displayed in your Account page next to each of your active Subscriptions. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account. 


 If you purchase a subscription, until such time as you terminate your subscription in accordance with the directions on this site, you hereby authorize, agree and assent to us automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the subscription purchase (“Taxes”) not withheld by us; provided however, if we are required to collect and submit a Tax on orders shipped to your state, the appropriate charge will be added to you amount charged. All payments are non-refundable and subscriptions may not be cancelled during their term. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts. 


 Shipping Policy.Your subscription box will be shipped within three (3) business days after purchase and profile completion. Any delivery dates provided by us are estimates and we cannot guarantee an exact delivery date. You may temporarily pause your subscription by contacting us at orders@post9.com. We reserve the right to revoke multiple request to pause your subscription in our sole discretion. 


 Cancellation Policy.You cannot cancel a subscription anytime during its term and no refunds will be given. You may cancel your subscription at the end of its original term to prevent autorenewal by emailing orders@post9.com no later than 7 PM EST three (3) business days prior to renewal payment being processed. Further as stated above, Gift Subscriptions are not eligible for cancellation and they will expire after the original term is complete. 


 Return Policy.ALL SALES ARE FINAL. If there are any defective, damaged, or missing products, you must contact us at orders@post9.com within five (5) days of receipt of the subscription box. If we are not contacted within such 5 day period, you will not be entitled to return the product and receive a replacement. 

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

Limited Warranties. THE SERVICE, THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS RECEIVED BY YOU ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES. 


Limitation of Liability.USE OF OUR SERVICE, THE SITE, AND/OR THE PRODUCTS RECEIVED BY YOU ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.WE DO NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT. 


Indemnification.YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND POST 9 , ITS SUBSIDIARIES, DIVISIONS, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES OF DEFENSE, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR ILLEGAL USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR THE PRIVACY POLICY, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 

Copyright Policy

We specifically prohibit the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement that we receive and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: 
 
Post 9 LLC. 
Email:data@post9.com 

 To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.

Additional Terms

Governing Law. These Terms shall be governed by the laws of the State of Pennsylvania without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. 


 Disputes.Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Post 9 shall be submitted to confidential arbitration in Pittsburgh, Pennsylvania. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Pennsylvania. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned. 


Modifications to Terms. We may change these Terms from time to time. Any such changes will become effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. 


 Waiver; Remedies.The failure of us to partially or fully exercise any rights or the waiver of Post 9 of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Post 9 under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. 


 Last Updated: July 14, 2019