Subscribe & Gain™ Terms & ConditionsUpdated 7 months ago

These Subscribe & Gain™ terms and conditions (“Terms”) are between you and Vitalize, LLC dba Bodybuilding.com (“Bodybuilding.com) and govern your and Bodybuilding.com’s rights and obligations. Please note that your use of the Bodybuilding.com website and mobile applications are also governed by other terms and conditions, including your Consent Agreement with Bodybuilding.com for stored payment credentials (which can be found in the “My Account” section of our website), Bodybuilding.com’s Terms of Use and Privacy Policy, as well as any other applicable terms, conditions, limitations, promotional offers, and requirements on the Bodybuilding.com website or mobile applications, all of which (as changed over time) are incorporated into these Terms and constitute the entire agreement between you and Bodybuilding.com related to the Subscribe & Gain™ program.

Please read these Terms carefully. Subscribe & Gain™ orders automatically renew until cancelled by you. By placing an order through Subscribe & Gain™, you accept these Terms, including the arbitration agreement and class action waiver described below to resolve any disputes with Bodybuilding.com related to the Subscribe & Gain™ program.

1. CHANGES TO THESE TERMS

   We may, in our sole discretion, change these Terms or any aspect of the Subscribe & Gain™ program at any time and for any reason, including any provision that is found invalid, void, or unenforceable. When we make material changes to these Terms, we’ll provide you with notice as appropriate under the circumstances, for example, by displaying a prominent notice or by sending you an e-mail. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
   
   

2. ELIGIBLE PURCHASES AND SUBSCRIPTION OPTIONS

   Subscribe & Gain™ benefits are limited to items displaying the Subscribe & Gain™ offer message. Subscribe & Gain™ is only available to customers shipping to addresses in the United States. Your participation in the Subscribe & Gain™ program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third-party without Bodybuilding.com’s authorization.

   Subscribe & Gain™ discounts and any Subscribe & Gain™ limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscribe & Gain™ item, and then only if you select the Subscribe & Gain™ delivery method. Subscriptions are good while supplies last.

   Subscribe & Gain™ orders may be refilled on a 30, 45, 60, or 90-day basis, based on your selection at the time of signing up for your Subscribe & Gain™ product subscription.

   All returns under Subscribe & Gain™ are subject to the Bodybuilding.com Returns Policy.
   
   

3. BENEFITS

   The Subscribe & Gain™ benefits discussed on the Subscribe & Gain™ Frequently Asked Questions page are part of these Terms. Bodybuilding.com reserves the right to change the Subscribe & Gain™ benefits, including the discount amounts and eligibility used to determine discount amounts, at any time and in our sole discretion. All changes will apply to future orders, including for current subscriptions.

   Some offer details may change as you receive deliveries over time (for example, price, taxes, availability, and shipping charges). Your Subscribe & Gain™ subscription will automatically create a new order according to your chosen delivery schedule until you cancel.
   
   

4. PRICING; DISCOUNTS AND PROMOTIONS

   Initial Subscribe & Gain™ orders are at the price of the item as-advertised on the Bodybuilding.com site, including any applicable promotions or discounts. Special limited time subscription promotions only apply during their effective dates. Prices for products purchased at a promotional price (for example, 20% off) are only applicable to the order specific to such promotion and do not necessarily apply to future subscription orders.

   Prices for recurring subscription orders are determined via a fourteen (14) day lookback period from the next-scheduled shipment date for each qualifying Subscribe & Gain™ item (the “Lookback Period”). This means you will be charged the lowest price of your Subscribe & Gain™ item during the fourteen (14) days prior to the date the Subscribe & Gain™ item or items ship, taking into account any applicable promotions and discounts. BodyFit members will also receive their respective discounts in addition.

   Notwithstanding the above, in the case of items that are subject to a “Buy One, Get One” promotion, the following terms apply:

   Promotion	Discount You Receive on Subscribe & Gain™ Order
   Promotions which are “Buy One, Get One 50% Off” or less	You receive the applicable discount on all units
   Promotions which are greater than “Buy One, Get One 50%” Example: Buy One, Get One 75% Off or                Buy One, Get One Free	You receive 25% off each unit

   
   You will receive a notification at least five (5) days prior to the shipment date for your Subscribe & Gain™ order along with the renewal price of your Subscribe & Gain™ items. However, if your items are advertised on Bodybuilding.com at a lower price during the five (5) days between the time you receive your renewal notice and the time the item ships, we will charge you the lower price for such items, but never a higher price than what is displayed in your renewal notice e-mail.
   
   

5. BILLING AND CANCELLATION

   1. 5.1.    Charges. The total cost charged to your Payment Method for each Subscribe & Gain™ order will be the lowest cost of the item during the Lookback Period less the Subscribe & Gain™ discount, plus any applicable sales tax and shipping costs (for orders less than $30.00 USD). BodyFit members’ orders will continue to ship free for any Subscribe & Gain™ items. Bodybuilding.com store credit balances on your Bodybuilding.com customer account may not be applied toward the balance of your order for Subscribe & Gain™ items.

   2. 5.2.    Payment Methods. The charge for each Subscribe & Gain™ item shipment will be billed to the Payment Method used to create your subscription or as otherwise directed by you (“Payment Method”). If we are unable to completeyour Subscribe & Gain™ order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your Subscribe & Gain™ order.

   3. 5.3.    Updating Payment Methods. You can update your Payment Method(s) by going to the “My Account” page. In order to update your Payment Method for the Subscribe & Gain™ program, you will need to cancel your Subscribe & Gain™ subscription and re-enroll in Subscribe & Gain™ with your preferred Payment Method. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

   4. 5.4.    Cancellation. Your subscription will remain in effect until it is cancelled. You must affirmatively cancel your subscription AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO YOUR renewal date or your subscription will automatically renew and the applicable payment method you provided to us at the time of your initial purchase and enrollment in the Subscribe & Gain™ program will be charged. You can cancel your subscription via the “Manage Subscribe & Gain™” page. If you cancel your subscription and then reactivate it, the discount applied to any Subscribe & Gain™ item may not be the same discount in effect at the time of cancellation. If the Subscribe & Gain™ discount percentage for such Subscribe & Gain™ item changes, the new discount will be applied to your future shipments of that item.

   5. 5.5.    Skipping Subscriptions, Pausing Subscriptions, or Changing Delivery Date. You may skip your deliveries, pause your subscription, or change your delivery date at any time by visiting the “Manage Subscribe & Gain™” page.
      
      

6. TERMINATION BY BODYBUILDING.COM

   We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
   
   

7. CONSENT TO RECEIVE COMMUNICATIONS

   By submitting an order via the Subscribe & Gain™ program, you agree (or, if you are a minor, your parent or legal guardian must agree) to receive advertising, marketing materials, and other communications from Bodybuilding.com at the e-mail address with which you place your order. You may unsubscribe from receiving marketing emails at any time by clicking the “unsubscribe” link contained in the email footer or by contacting our Customer Service department by e-mailing [email protected].
   
   

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

   All sales via the Subscribe & Gain™ program are subject to Bodybuilding.com’s Conditions of Sale, including all disclaimers of representations and warranties and any limitations of liability.
   
   

9. DISPUTE RESOLUTION

   Dispute resolution regarding the Subscribe & Gain™ program is subject Bodybuilding.com’s Conditions of Sale. Any and all disputes, claim, or causes of action arising from or related to your purchase, the products, your Subscribe & Gain™ subscription, or product consumption will be resolved through binding arbitration in Boise, Idaho in accordance with the rules of the American Arbitration Association. Arbitration of a dispute, claim, or cause of action shall be in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. These Terms are governed by and will be interpreted in accordance with the laws of the State of Idaho, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Idaho and you will initiate any claim in connection with the Subscribe & Gain™ program or these Terms in Ada County, Idaho.