Terms of Service

Thank you for visiting the Gotpwr website (the “Site”), owned and operated by Gotpwr. (“ Gotpwr”, “We”, “Our”). It is important that you carefully read and understand this Terms of Use (or “Terms”). The Site is available for your use on the condition that you agree to the terms explained below. This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. We may amend these Terms from time to time at our discretion. We will post a notice on the Site any time these Terms have been changed or otherwise updated. Please review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site.

If you have a specific question, feel free to scroll to the appropriate section below:

  1. Where can I find your Privacy Notice?
  2. What are the terms of sale?
  3. What age do I have to be to use this Site?
  4. How can I delete my information?
  5. Can I review a product?
  6. How do I comply with intellectual property laws?
  7. Do you link to third party sites?
  8. Disclaimers and Limitations on Liability.
  9. Indemnity.
  10. What governing law applies?
  11. Can I bring a class action lawsuit?
  12. Whom should you contact with questions or concerns?
  13. General Provisions.
  14. Miscellaneous.
  15. When was this notice last updated?
  16. Contact Us.

 

1. Where can I find your Privacy Notice?

Gotpwr respects your privacy. Our Privacy Policy governs the use of information collected from or provided by you at the Site. A complete statement of our current Privacy Policy can be found at: www.goatswhey.com/pages/privacy-policy.

Our Privacy Policy is incorporated herein by reference.

Privacy Policy : As a customer to Gotpwr's personal information including your name, shipping address, email address, phone number, and payment information will be released. Exact credit or debit card is encrypted, and we will not be able to see the full card number. While Gotpwr does not track your personal information, services such as third-party cookies can track your information. Please see details at - Privacy Policy.

 

2. What are the terms of sale?

All product sales from the Site are governed by any terms of sale that may be posted on the Site. By ordering and/or accepting delivery of the products, you agree to be bound by these terms. These terms of sale are subject to change without prior notice at any time, at our sole discretion so you should review them each time you make a purchase.

You agree to pay in full the prices, plus any applicable taxes, for any purchases at the time of your online order by using any payment means acceptable to Gotpwr. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You may not resell any products purchased through or via any of the Properties for commercial purposes.

Shipping Information
You can find a link to our Shipping Information here: https://goatswhey.com/pages/shipping-policy 

 

3. What age do I have to be to use this Site?

Gotpwr is not intended for users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, any information submitted by such users will not knowingly be used, posted, or retained.

You may only order products if you are 18 years old or older.   If you place an order, you promise that you are 18 years old or older.  If you are under the age of 18 and would like to purchase a product, your parent or guardian should place the order for you.

 

4. How can I delete my information?

Please note, your name, order history, billing and shipping address information, your phone number, and email address cannot be deleted from our system during a transaction.

 

5. Can I review a product?

Yes! We love hearing from our customers. Feel free to click on “Write A Review” from the specific product page. Please keep the following restrictions in mind when leaving a review though:

  • You own and are entirely responsible for any content or materials that you may submit or transmit (“User Content”). All User Content is and will be considered non-confidential and non- proprietary. We are not required to host, display, or distribute your User Content and we may remove it at any time.
  • You acknowledge and agree that you waive any rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content.
  • We may use any or all your User Content, anywhere in the world for an unlimited period of time, for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you.
  • You promise that: (a) you own or have acquired all of the rights in your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (c) your User Content complies with this Terms.
  • We may, but are not required to, monitor and review your User Content.
  • Please do not post any User Content that constitutes junk mail or spam. Please do not repeat the same posting multiple times in a day or week.
  • You agree not to use any obscene, indecent, or offensive language or to post any User Content that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. Please refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks.
  • You may not post any User Content that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

 

6. How do I comply with intellectual property laws?

Ownership. You acknowledge and agree that Gotpwr, or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Further, you acknowledge that the Site may contain information that Gotpwr has designated as confidential and you agree not to disclose such information without Gotpwr's prior written consent.

 

7. Do you link to third party sites?

Gotpwr may link to or be linked from other websites that are not maintained by, or related to, Gotpwr.  Gotpwr does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that Gotpwr has not reviewed and does not endorse the content of all sites linked to from the Site and is not responsible for the content or actions of any other sites linked to from the Site. We do not promise that the contents of any linked website are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

The Site includes features that operate in conjunction with certain third-party social networking websites, such as Facebook, Instagram, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. You understand and acknowledge that the Site is not endorsed or certified by any of the aforementioned social networking websites. In addition, you agree that any content posted through the Social Network Features complies with the respective social network’s terms of use.

 

8. Disclaimers and Limitations on Liability.

Gotpwr provides its Site to you on an “as is” and “as available” basis. Gotpwr cannot guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date. Gotpwr makes no representations – your use the site is at your sole risk. We do not warrant that any information provided is accurate, reliable, up-to-date or correct, or that the Site will be available at any particular time or in any particular location. We also do not guarantee that the Site is free from viruses or other harmful components.

Gotpwr and its affiliates, shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your use of the Site, the sale or purchase of any goods or merchandise, your access to or inability to access the Site, including for viruses alleged to have been obtained from the Site, your use of or reliance on the Site or any of the merchandise, information or materials available on the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states (including, but not
limited to: Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Vermont, Washington, West Virginia, and the District of Columbia), may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this site. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

Health and Food Allergy Disclaimer.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE HEALTH AND NUTRITIONAL INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL, CONTAINED ON THE SITE, IS FOR EDUCATIONAL PURPOSES ONLY. You should not rely on this information as a substitute or replacement for professional medical advice, diagnosis, or
treatment. If you have any concerns or questions about your health, please consult with a physician or other medical health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Site.

Causes for being overweight or obese vary from person to person. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. Nothing in this agreement or our statements should be construed as a promise or guarantee that a user will achieve his or her desired goal.

Research developments may impact the health and nutritional advice that appears on the Site. No assurance can be given that the information contained on the Site will always include the most recent developments.

Customers concerned with food allergies need to be aware of these risks and should confirm all food allergies and intolerances before preparing or consuming any items. Gotpwr is not responsible for identifying ingredients that may cause allergic reactions for those with food allergies. IF YOU THINK YOU HAVING AN ADVERSE REACTION TO ANY FOOD ITEM, STOP IMMEDIATELY. TO THE EXTENT YOU BELIEVE YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

These statements on this website have not been evaluated by the Food and Drug Administration. These products we endorse are not intended to diagnose, treat, cure, or prevent any disease.This site and its services are for consumer educational use only.

 

9. Indemnity.

You agree to indemnify, defend, and hold harmless Gotpwr, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Gotpwr will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost, resulting from any violation of this Agreement or any activity related to Z Natural Foods services, related purchase, marketing and advertising, laboratory testing and reports, supplement facts/nutrition facts, marketing, promotions, product descriptions, product labels, product claims, Certificate of Analysis results (CoA), product quality, product purity, product testing, product contamination, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service. It includes claims based on broken promises, incorrect product information or claims, bargained-for exchange illusory promises, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law, equitable claims, express, and implied warranties.

Third-Party Rights. The provisions of paragraph 37 (Indemnification) are for the benefit of Gotpwr and its members, officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Hyper-Links to Third Party Sites. We are not responsible for links to third-party sites ("Outside Sites") that are made available, or that you use, on or in connection with Gotpwr. We do not verify, endorse, or have any responsibility for Outside Sites, their business or privacy practices, or any associated goods or services. If an Outside Site obtains or collects Personal Information from you, we are not responsible. Therefore, always use your own best judgment when dealing with an Outside Site.

Term; Termination. This Agreement shall commence upon your accessing the Site, Service, or Service Provider. This Agreement may be terminated by Z Natural Foods without notice at any time for any reason and may be terminated by Gotpwr at any time for any reason. The provisions of paragraphs 17 (Warranties), 20 (Limitation of Liability), 21-26 (Binding arbitration; waiver of class action rights; severability), 31-34 (Copyright, Licenses, Use Restrictions, and Idea Submissions), 37 (Indemnification), 38 (Third Party Rights), 49 (Miscellaneous), 50-53 (Proposition 65), 59-63 (Contract Terms) shall survive any termination of this Agreement.

 

10. What governing law applies?

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Nevada, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Las Vegas, Nevada, United States of America in all disputes arising out of or related to the use of the Site.

 

11. Can I bring a class action lawsuit?

No Class Or Representative Proceedings: Class Action Waiver. YOU AND GOTPWR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Gotpwr agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

 

12. Whom should you contact with questions or concerns?

If you have any questions or comments relating to the Gotpwr Site or this Terms, send an email to info@goatswhey.com.

 

13. General Provisions.

Severability. If any part of this Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to this Terms.

No Waiver. Our failure to enforce any provision of this Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Gotpwr of any provision, condition or requirement of this Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

Equitable Remedies. You acknowledge and agree that Gotpwr would be irreparably damaged if the terms of this Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any
breach of this Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This Terms, including the documents referenced in this Terms, constitutes the entire agreement between you and Gotpwr with respect to the Site and supersedes any and all prior agreements between you and Gotpwr relating to the Site. 

 

14. Miscellaneous.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. You agree that any legal action or proceeding between Gotpwr and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in binding arbitration of competent jurisdiction sitting in Las Vegas ,Nevada. You hereby waive your right to a jury trial in any action with respect to Gotpwr and the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. Gotpwr’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Gotpwr may assign its rights and duties under this Agreement to any party at any time without notice to you.

Proposition 65. Prop 65 is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online to California customers to bear warning notices about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects, or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, drugs, and other products. Listed chemicals including lead, cadmium, and products containing even very small amounts of these or any other listed chemical must have a California Proposition 65 warning. If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California: 

California Proposition 65 WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food and
California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food

For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html

Use of Gotpwr's products for further manufacturing, repackaging, private labeling or retailing: If a client uses Gotpwr's products for further manufacturing, repackaging, private labeling or resells Gotpwr's products, it assumes all responsibility in compliance and Proposition 65 Notice requirements for products directly or indirectly sold in California, or placed in commerce for sale in California, and assumes responsibility for providing proper and compliant notice and warning materials to the authorized agents of retailers, as described in California Code of Regulations Title 27 § 25600.2(b) and (c). This must include a notice that the product requires an Internet warning if it will be or may be sold online.

California Proposition 65 Warning on Finished Products: Clients producing products, whether supplied in retail or bulk packaging, shall be solely responsible to determine if the product contains a listed chemical at a concentration that requires notice and, if so, label the product or its retail packaging with the warning as required. It is the responsibility of the client to verify that finished products comply with these limits and comply with all local laws, including California Proposition 65compliant product labeling and online warnings. Failure to do so can result in significant legal fees and civil penalties.

As a condition of purchasing Gotpwr's Products, the client agrees to indemnify and hold harmless Gotpwr and to pay for legal expenses and legal counsel of Gotpwr's choice necessary to defend any California Proposition 65 Claims arising from client’s failure to provide Proposition 65 notice to a downstream agent, retailer or customer.

Your Guarantees. You guarantee that: (a) you have the legal right and ability to enter into and comply with this Agreement, or if you are under 18 or under the age of majority where you live, your parents or legal guardians have agreed to this Agreement on your behalf; (b) all information you provide to us is accurate, complete and current; (c) you own or have all rights necessary to perform under this Agreement, and (d) your activities are lawful in any jurisdiction where you use Gotpwr's products.

Certain Products & Services. RSS Feeds and Podcasts The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, and photographic content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video, and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or transferred to a portable listening device. Certain software and hardware are required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Gotpwr or the content provider. Content is available for personal, non-commercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section 11.

By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Site, Gotpwr and their Affiliates do not warrant that its RSS Feeds will operate on all user equipment.

If Gotpwr offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier's standard messaging rates and other messaging, data, and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.

Under no circumstances will Gotpwr  or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless device, telephone number, or email address) using any Mobile Application Services.

Acceptance. By ordering any product from Gotpwr whether by clicking through over the internet, telephone, facsimile, or otherwise, the customer agrees to be bound by these Terms and Conditions, as well as the "Acceptance of Contract Terms" in this agreement.

The following ("Contract Terms") are terms of a legal agreement between you and Gotpwr By accessing, browsing and/or using Goatswhey.com ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site and Services. You are still bound by all of our policies even if you fail to read all of our policies. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Gotpwr from its offices within the United States. Gotpwr makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, changing or undertaking a new diet, exercise program, or supplementation program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

 Gotpwr does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the US Food and Drug Administration or the US Department of Agriculture. Dietary supplements are not intended to diagnose, treat, cure, or prevent disease. Gotpwr makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.

The information is compiled from a variety of sources ("Information Providers"). Neither Gotpwr nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of Gotpwr or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Gotpwr or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Gotpwr or Information Provider has been advised of the possibility of such damages.

Information accessed through this online site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Gotpwr and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information. Gotpwr and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Gotpwr is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.

The information contained in this online site (the "Service") is presented in summary form only and intended to provide broad consumer understanding and knowledge of healthcare topics. The information should not be considered complete and should not be used in place of a visit, call, consultation, or advice of your physician or another healthcare provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Should you have any healthcare-related questions, please call or see your physician or another healthcare provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of Gotpwr's products on your health.

 Gotpwr may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in Gotpwr information. You may give notice to Gotpwr at any time by letter delivered by certified first-class postage prepaid U.S. mail or overnight courier to the following address:

 Gotpwr LLC,
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming- 82801.

By using our Site, Service, Service Providers, or placing an order, you confirm you have reviewed and agree to the  Gotpwr's Shipping Policy, Returns & Refunds, Privacy Policy, and Terms of Service, which are incorporated into this Agreement by this reference and which requires the use of binding arbitration to resolve any disputes. 

C.. What is Proposition 65?

Proposition 65 (“Prop 65”) is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online and shipped to California customers to bear a warning notice about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects, or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, medications, and other products. Products containing lead, cadmium, or other listed substances, even in very small amounts, must have a California Proposition 65 warning. If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California:

California Proposition 65 WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food and
California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food

For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html

Prop 65 warnings may be required for any product that exposes an individual in California to any chemical listed under the law. This is not just about food but includes any item that has the possibility of having any of these "chemicals". This includes computers, electrical wires, jewelry, padlocks, schools, dishes, flashlights, coffee shops, clothing, cars, restaurants, mobile phones, TV’s, furniture, alcohol, diesel engines, amusement parks, parking lots, hardware stores, gas stations, hospitals, etc. Even testosterone and estrogen, which are naturally produced by your body are listed under Prop 65.

Prop 65 does not ban any products from being sold in California; it simply requires warning labels or signage whenever exposure could cause more than “one excess case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime.” Even if a substance is present in an amount 1,000 times below the “no observable effect” level a Prop 65 warning must be displayed.

Lawsuits to enforce Prop 65 against manufacturers may be instituted by the State of California, or much more frequently by private “bounty hunters” and their attorneys who profit from the law. Recently, the dietary supplement industry has been subject to aggressive enforcement by private Proposition 65 bounty hunters over the alleged lead and other heavy metals contained in various supplements and food.

Lead is a naturally occurring element that is found throughout the environment, including in soils where it can be taken up by plants and herbs. Many plants, plant extracts, and minerals used in dietary supplement products contain some level of lead, which is a chemical listed under Proposition 65. Detectable lead can also be found in a variety of food products that are generally considered part of a healthy diet, including fruit juice, seaweed, ginger, and chocolate, all of which have also been the subject of Proposition 65 enforcement.

Under federal laws, the federal government cannot take action to limit the use of a chemical unless it has been proven unsafe. So a chemical is generally considered safe unless there is scientific evidence to the contrary. But under California Prop 65, the presumption of culpability is flipped so a company must prove its product is safe and free of every chemical listed under Prop 65.

The reason you now see this label on our products is, after many years and many lawsuits, the attorneys are running out of companies in California to sue. So they have begun pursuing companies outside of the state that ship product to California. For smaller companies like ourselves, it is not feasible to make a special label only for products shipping to the state of California so we have been forced to add the Prop 65 warning to every product we sell no matter where we ship it to.

The FDA, USDA, European Union, and World Health Organization do not agree with the California Prop 65 law and have found no scientific merit to back it up.

Everything we eat contains tiny amounts of heavy metals (defined as chemicals under Prop 65) due to the fact that they naturally occur in the environment. The FDA has set guidelines on what is considered safe and laboratory testing of our products is done to ensure they not only meet but exceed these limits.

Prop 65 was originally created by the state of California to protect the consumer, but some lawyers have taken advantage for their own profit. In 2008 the average settlement was $123,000 and for those companies that try to defend themselves in court, the costs have been even higher. The vast majority of these settlement costs end up in the pockets of the attorneys, who brought the case, as legal fees. For this reason, we have been forced to put the warning labels on any product we ship to the state of California even if the naturally occurring levels of heavy metals are well below Prop 65 levels.

At Gotpwr we understand that, due to the state of our environment, consumers need to be proactive in order to have vibrant health. We have produced guidelines that you may want to consider in order to achieve this goal. Most importantly, we need to focus on how the body responds to external stressors, especially the ones we have no control over. In order to support the body's ability to have a healthy stress response the following guidelines will be very helpful:

  • The daily use of adaptogen and tonic herbs and foods
  • Nourishing our bodies with real whole foods in order to give us the tools to function at optimal levels
  • Nourishing our detoxification pathways in order to keep them working at optimal levels
  • Practice healthy, relaxing activities like yoga, meditation, talk therapy, music, light & dance therapy
  • Maintain adequate hydration status, which assists the detoxification processes
  • Finally, through the consumption of quality food-based protein and daily forms of strength training to keep as much lean muscle tissue as possible

    We hope this information helps settle any concerns you may have about Prop 65 and the warnings.

    To learn more about California Prop 65 please visit these sites:
  1. http://www.WhyThisWarning.com
  2. https://www.krostcpas.com/restaurant-newsletter/prop-65-enforcement-scam
  3. http://www.theiplawblog.com/2014/01/articles/legal-info/proposition-65-twenty-seven-years-later-and-still-no-observable-effect/
  4. https://cdn.shopify.com/s/files/1/0971/6576/files/prop65_explained_jan2016.pdf?12587164411280906725
  5. https://www.nowfoods.com/now/nowledge/california-residents-proposition-65-warning-faqs

 

15. When was this notice last updated?

May 20, 2022.

 

16. Contact Us.

If you have any questions or comments relating to the Site or this Terms of Use, you can send an email to at info@goatswhey.com.