Terms and Conditions

These Terms and Conditions (the “Terms”) govern your access to and use of totalsportsmart.com (the “Website”) and your purchases from Total Sports Mart, including one-time purchases, subscriptions, shipping, returns, refunds, exchanges, and cancellations.

Please read these Terms before using the Website or purchasing a product. If you do not agree, do not use the Website or submit an order.

Part I — Terms and Conditions

1. Eligibility and Acceptable Use

You must be at least 18 years old and legally able to enter into a binding agreement to use fee-based services or make a purchase. You agree to comply with applicable laws and these Terms.

You may not use the Website to infringe intellectual-property or privacy rights; distribute malicious code or spam; disrupt, damage, probe, or gain unauthorized access to the Website; impersonate another person; submit false information; scrape or collect data without authorization; or assist another person in prohibited activity.

2. Limited Website License

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, lawful purposes. You may not reproduce, distribute, publicly display, create derivative works from, reverse engineer, sublicense, or commercially exploit Website content except as permitted by law or with our written consent.

3. Intellectual Property

The Website, its design, text, graphics, logos, product names, photographs, software, and other content are owned by or licensed to Total Sports Mart and are protected by applicable intellectual-property laws. No rights are granted except as expressly stated in these Terms.

4. Product and Website Information

We make reasonable efforts to present accurate descriptions, pricing, availability, and images. We may correct errors, update information, limit quantities, refuse or cancel orders, or withdraw an offer when permitted by law. Product appearance may vary from images.

5. Health and Product Disclaimer

Website content is provided for general informational purposes and is not medical advice, diagnosis, or treatment. Consult a qualified healthcare professional before using a product, particularly if you are pregnant, nursing, taking medication, have a medical condition, or are considering use for a child. Read and follow all product labels and warnings.

Statements regarding dietary supplements have not necessarily been evaluated by the U.S. Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent disease. Individual results vary.

6. User Content and Feedback

If you submit reviews, comments, images, suggestions, or other content, you represent that you have the right to provide it and that it is lawful and accurate. You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, display, adapt, and use that content for operating, improving, and marketing our business, subject to applicable law and our Privacy Policy. We may remove content that violates these Terms.

7. Third-Party Services and Links

The Website may link to or integrate services operated by third parties. We do not control their content, availability, security, or privacy practices. Your use of third-party services is governed by their terms and policies.

8. Fraud Prevention and Order Verification

We may use transaction, device, address, IP, payment, and order information to verify orders, prevent fraud, enforce these Terms, and protect customers and Total Sports Mart. We may request additional verification or delay, decline, cancel, or recall an order when fraud or unauthorized activity is reasonably suspected.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED. PRODUCT-SPECIFIC WRITTEN WARRANTIES, IF ANY, ARE LIMITED TO THEIR EXPRESS TERMS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING FROM THE WEBSITE, A PRODUCT, OR THIS POLICY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Total Sports Mart and its affiliates, officers, directors, employees, and agents from third-party claims arising from your unlawful use of the Website, your content, or your material breach of these Terms. This obligation does not apply to claims caused by our own unlawful conduct.

12. Force Majeure

We are not responsible for delay or failure caused by events beyond our reasonable control, including natural disasters, severe weather, labor disputes, epidemics, war, terrorism, governmental actions, carrier interruptions, utility failures, cyber incidents, or supply-chain disruptions.

13. Dispute Resolution; Arbitration; Class Waiver

Except for claims eligible for small-claims court or requests for injunctive relief, disputes arising from these Terms, the Website, or a purchase will be resolved by individual, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration may be conducted remotely or in Sheridan County, Wyoming, as permitted by the applicable rules. You and Total Sports Mart waive trial by jury and participation in class, consolidated, or representative actions to the extent permitted by law.

Pre-dispute notice: Before filing arbitration, the claimant must send a written notice describing the dispute and requested relief to [email protected] or 30 N Gould St STE XXXXX, Sheridan, WY 82801 and allow 30 days for informal resolution.

14. Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles, except where federal law or mandatory consumer law applies.

15. Changes, Suspension, and Termination

We may update these Terms by posting a revised version and changing the effective date. Material changes will be communicated as required by law. We may suspend or terminate access to the Website for a material violation, fraud, security risk, or unlawful use. Provisions that by their nature should survive will remain effective.

16. General Terms

These Terms and any checkout disclosures incorporated by reference constitute the agreement regarding the Website and purchases. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign your rights without our consent; we may assign ours as part of a merger, financing, reorganization, sale of assets, or similar transaction, subject to applicable law.

Part II — Purchase and Subscription Terms

17. Orders and Payment

By submitting an order, you authorize the displayed charges, including applicable product price, shipping, taxes, discounts, and any clearly disclosed recurring charges. Prices and availability may change before an order is accepted. We may place a temporary authorization on your payment method.

Charges will appear on your card statement as TOTALMART. Each item in an order may be processed as its own transaction under one order number. Contact us promptly if you do not recognize a charge.

18. One-Time Purchases

A one-time purchase is billed once and does not create a recurring obligation. The complete price and any shipping charge will be shown before you submit the order.

19. Optional Subscription / Subscribe and Save

This section applies only if the customer affirmatively selects a subscription option. Customers are not automatically enrolled. On this Website the only subscription offered is the Monthly Wellness Refill ($197.00 every 30 days), which is presented after a package is chosen and is added to an order only when the customer ticks its confirmation statement. Every other product on the Website is a one-time purchase.

1. Enrollment. By selecting the subscription option, you authorize recurring shipments and charges until cancellation.
2. Amount and frequency. You will be charged the price disclosed at checkout now and every 30 days thereafter, plus any disclosed shipping and taxes. The recurring price shown at enrollment will remain in effect unless Total Sports Mart provides advance notice of a change and gives you an opportunity to cancel before the next charge.
3. Advance notice. We will send an electronic reminder approximately 5–7 days before a recurring charge when required or promised, and a receipt after a successful charge.
4. Cancellation. Cancel at any time by calling (XXX) XXX-XXXX, or by emailing [email protected]. Cancel before the next order is processed to avoid that charge. A cancellation submitted after processing applies to future cycles; the return policy governs the processed shipment.
5. Failed payments. We may retry a failed payment as permitted by card-network rules and applicable law. We may pause or terminate a subscription if payment cannot be completed.

20. Promotions

Promotions, coupon codes, gifts, and discounts are subject to their stated eligibility, dates, product and quantity requirements, and other restrictions. Unless stated otherwise, promotions have no cash value, are non-transferable, cannot be combined, and may be modified or withdrawn before an order is submitted. We may reject misuse or fraud.

Part III — Shipping Policy

21. Processing and Delivery

Orders are generally shipped within 3–5 business days after payment. Delivery timing may vary by destination and carrier. Weekends and holidays are excluded unless stated otherwise. Delivery dates are estimates, not guarantees.

We ship to eligible addresses within the United States only. Standard shipping is a flat $9.95 per order, charged once however many shipped items the order contains; digital guides carry no shipping charge. An optional VIP Delivery Package may be offered at checkout for an additional one-time charge displayed before you submit the order; it prioritises packing and dispatch and does not replace standard shipping.

22. Address Accuracy, Risk, and Delays

Customers are responsible for entering a complete and accurate delivery address. Contact us immediately if an address is incorrect; we cannot guarantee changes after processing. We are not responsible for carrier delays, weather, incorrect addresses, refusal of delivery, or theft after delivery, except as required by law.

23. Lost, Damaged, or Missing Shipments

Report a lost, damaged, or incomplete shipment within 30 days of the expected or recorded delivery date. Keep packaging and photographs when damage is involved. We may require reasonable documentation and may provide a replacement, reshipment, store credit, or refund as required by law and our stated policy.

Part IV — Returns, Refunds, Exchanges and Cancellations

24. Satisfaction and Return Window

If you are not fully satisfied, you may request a return or refund within 30 days after delivery. Eligible products may be opened or unopened, used or unused, subject to the exclusions below and applicable law.

25. How to Request a Return or Refund

1. Contact Customer Care at (XXX) XXX-XXXX or [email protected] within the return window.
2. Provide your order number and proof of purchase. We may issue a return authorization and instructions.
3. Send approved returns to 30 N Gould St STE XXXXX, Sheridan, WY 82801. Do not send products to the manufacturer unless instructed.
4. Use a trackable service for returns valued over $75. We cannot guarantee receipt of an untracked return.

26. Return Shipping and Original Shipping

Unless the item was defective, damaged, incorrect, or applicable law requires otherwise, return shipping is paid by the customer. Original shipping fees are non-refundable. If we provide a return label whose cost is deducted from the refund, that amount will be disclosed.

27. Refund Method and Timing

Approved refunds are issued to the original payment method within 3–5 business days after approval or receipt of the return, as applicable. Your bank or card issuer may require up to 7 additional days to post the credit. Shipping fees, taxes, discounts, and promotional value will be handled as disclosed at purchase and as required by law.

28. Late or Missing Refunds

If a refund does not appear after the stated period, confirm the account used for payment and contact the card issuer or bank. If the institution confirms that no credit is pending, contact Customer Care with the order number and refund confirmation.

29. Exchanges and Damaged Products

We replace products that arrive defective, damaged, or incorrect when reported within 30 days. Contact Customer Care before shipping an exchange. We may request photographs or other reasonable proof.

30. Sale Items, Final Sale, and Non-Returnable Items

Sale items remain eligible under the standard return policy unless they were clearly marked “Final Sale” before purchase. Items clearly marked “Final Sale” are not returnable, except when defective or when a return is required by law.

31. Gifts

If a purchase was marked as a gift and shipped directly to the recipient, an approved return may be issued as store credit to the recipient. Otherwise, the refund is issued to the original purchaser and original payment method.

32. Order and Subscription Cancellation

An order may be canceled before it is processed or shipped. Once processing or shipment begins, cancellation may not be possible and the return policy applies. Subscription cancellation stops future renewals when received before the next order is processed; it does not automatically refund a completed charge.

Part V — Contact Information and Notices

33. Customer Care