Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 03/09/2020.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Powerfit Athletics, also known as Powerfit, headquartered in Lagos, Nigeria and our subsidiaries and affiliates, in association with the use of the Powerfit website, which includes www.powerfitathletics.com, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website which has the following description:

Sale of athletic apparel

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are  the  sole  property  of Powerfit Athletics. At its discretion, Powerfit Athletics may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Powerfit Athletics does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Powerfit Athletics shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of  such  updates,  changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Powerfit Athletics shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  • all registration information you submit will be true, accurate, current, and complete;
  • you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • you have the legal capacity and you agree to comply with these Terms of Use;
  • you are not under the age of 13;
  • you are not a minor in the jurisdiction in which you reside [or if a minor, you have received parental permission to use the Site];
  • you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  • you will not use the Site for any illegal or unauthorized purpose;
  • your use of the Site will not violate any applicable law or regulation.
  • If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Powerfit Athletics Online Privacy Policy (see the full Privacy Policy at https://powerfitathletics.com/privacy-policy/). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within Nigeria and /or other countries for storage, processing or use by Powerfit Athletics and/or our subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Powerfit Athletics immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Powerfit Athletics shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags  or  any  other  content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Powerfit services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Powerfit.

Furthermore, you herein agree not to make use of Powerfit Athletics’ Services for the purpose of:

  • uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  • causing harm to minors in any manner whatsoever;
  • impersonating any individual or entity, including, but not limited to, any Powerfit officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  • forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  • uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  • uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  • uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  • uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  • disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  • interfering with or disrupting any Powerfit Athletics Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  • intentionally or unintentionally violating any local, state, federal, national or international law.
  • “stalking” or with the intent to otherwise harass another individual; and/or
  • collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned
  • Powerfit Athletics herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or
  • Powerfit Athletics herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
    • compliance with any legal process;
    • enforcement of the TOS;
    • responding to any claim that therein contained content is in violation of the rights of any third party;
    • responding to requests for customer service; or
    • protecting the rights, property or the personal safety of Powerfit Athletics, its visitors, users and members, including the general

Powerfit Athletics herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Powerfit Athletics or any other content providers supplying content services to Powerfit Athletics. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our services, despite whether done so in whole or in part, is expressly prohibited.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment: bank transfer and PayPal. You agree to provide current, complete, and accurate purchase and account information (such as email address, payment information) for all purchases made via the Site, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Nigerian Naira or U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUNDS POLICY

Thanks for purchasing our products at www.powerfitathletics.com operated by Powerfit Athletics.

All sales are final, and items are neither eligible for refunds nor returnable after purchase. Powerfit will accept, for an exchange, items that are in new condition, unworn, unaltered and free of damages by the customer. Items must be returned with all Powerfit tags still attached. Exchange requests must be made within 14 days of delivery date. Please review our Return Policy posted on the Site prior to making any purchases. 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • use a buying agent or purchasing agent to make purchases on the Site.
  • use the Site to advertise or offer to sell goods and services.
  • circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • engage in unauthorized framing of or linking to the Site.
  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • make improper use of our support services or submit false reports of abuse or misconduct.
  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • attempt to impersonate another user or person or use the username of another user.
  • sell or otherwise transfer your profile.
  • use any information obtained from the Site in order to harass, abuse, or harm another person.
  • use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • delete the copyright or other proprietary rights notice from any Content.
  • copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • use the Site in a manner inconsistent with any applicable laws or regulations.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Powerfit Athletics shall not lay claim to ownership of any content submitted by any visitor member, or user, nor make such content available for inclusion on our website services.  Therefore, you hereby grant and allow for Powerfit Athletics the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

The content submitted or made available for inclusion on the publicly accessible areas of Powerfit Athletics’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Powerfit Athletics’ sites and shall terminate at such time when you elect to discontinue your membership.

Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Powerfit Athletics’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content   on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Powerfit Athletics’ sites and shall terminate   at such time when you elect to discontinue your membership.

For any other content submitted or made available for inclusion on the publicly accessible areas of Powerfit Athletics’ sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Powerfit Athletics’ sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Powerfit Athletics provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  • your contributions do not contain any type of confidential or proprietary information;
  • Powerfit shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  • Powerfit shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  • the contributor’s Contributions shall automatically become the sole property of Powerfit; and
  • Powerfit is under no obligation to either compensate or provide any form of reimbursement in any manner or

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  • you should have firsthand experience with the person/entity being reviewed;
  • your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  • your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  • your reviews should not contain references to illegal activity;
  • you should not be affiliated with competitors if posting negative reviews;
  • you should not make any conclusions as to the legality of conduct;
  • you may not post any false or misleading statements;
  • you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

INDEMNITY

All users and/or members herein agree to insure and hold Powerfit Athletics, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any  claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit,  post,  modify,  transmit or otherwise make available through our Services, the use of  Powerfit  Services  or your connection with these Services, your violations of the Terms of Service  and/or  your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Powerfit’s sites.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Powerfit Athletics may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any  email, message posting or any other uploaded content shall be retained by Powerfit Athletics, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our service, the maximum disk space allowable that shall be allocated on Powerfit Athletics’ servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our services in a given period of time. In addition, you also agree that Powerfit Athletics has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Powerfit Athletics shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in  your  account located on Powerfit Athletics’ servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on www.powerfitathletics.com. It is your agreement to this TOS which establishes your consent to  allow Powerfit Athletics to store any and all communications on its servers.

MODIFICATIONS

Powerfit Athletics shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a member of www.powerfitathletics.com, you may cancel or terminate  your  account,  by submitting a cancellation or termination request to push@powerfitng.com or selecting the option to Cancel your account.

As a member, you agree that Powerfit Athletics may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  • any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
  • by way of requests from law enforcement or any other governmental agencies;
  • the discontinuance, alteration and/or material modification to our services, or any part thereof;
  • unexpected technical or security issues and/or problems;
  • any extended periods of inactivity;
  • any engagement by you in any fraudulent or illegal activities; and/or
  • the nonpayment of any associated fees that may be owed by you in connection with your powerfitathletics.com account services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with www.powerfitathletics.com shall include any and/or all of the following:

  • The removal of any access to all or part of the Services offered within powerfitathletics.com;
  • the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  • the barring of any further use of all or part of our

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to termination or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

LINKS

Either Powerfit Athletics or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for   any content, products, advertising or any other materials, on or available from such third party    sites or resources. Furthermore, you acknowledge and agree that Powerfit Athletics shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Site for violations of these Terms of Use;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • in our sole discretion, change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice;
  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

PRIVACY POLICY

Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Powerfit Athletics’ services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.  Therefore,  except for that which is expressly permitted by applicable law or as  authorized  by Powerfit  Athletics or such applicable licensor, you agree not to alter,  modify, lease, rent,  loan,  sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Powerfit Athletics services (e.g. Content or Software), in whole or part.

Powerfit Athletics herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as  you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any   such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our services. Lastly, you also agree not to access or attempt to access our services through any means other than through the interface which is provided by Powerfit Athletics for use in accessing our services.

DISPUTE RESOLUTION: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE OF POWERFIT ATHLETICS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS    IS” AND/OR “AS AVAILABLE” BASIS. POWERFIT ATHLETICS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

POWERFIT ATHLETICS AND OUR SUBSIDIARIES,  OFFICERS,  EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) POWERFIT ATHLETICS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) POWERFIT ATHLETICS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE POWERFIT ATHLETICS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE  WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED  IN THE SOFTWARE SHALL BE CORRECTED.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF POWERFIT ATHLETICS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM POWERFIT ATHLETICS OR BY WAY OF OR   FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU    EXPLICITLY   ACKNOWLEDGE, UNDERSTAND AND AGREE THAT POWERFIT ATHLETICS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR  ANY  PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH  POSSIBILITY  THAT  SAID  DAMAGES MAY OCCUR, AND RESULT FROM:

  • THE USE OR INABILITY TO USE OUR SERVICE;
  • THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  • UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  • STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  • AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR

RELEASE

In the event you have a dispute, you agree to release Powerfit Athletics (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other  third  parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in   any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Powerfit Athletics’ content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Powerfit Athletics and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

Powerfit Athletics  may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings   on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Powerfit Athletics trademarks, copyright, trade name, service marks, and other Powerfit Athletics logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property  of Powerfit Athletics. You herein agree not to display and/or use in any manner the Powerfit Athletics logo or marks without obtaining Powerfit Athletics’ prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Powerfit Athletics will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Powerfit Athletics may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  • The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  • A description of the location of the site which you allege has been infringing upon your work;
  • Your physical address, telephone number, and email address;
  • A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  • And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s

The Powerfit Athletics Agent for notice of claims of copyright or other intellectual property infringement can be contacted via email as follows:

Powerfit Athletics

Attn: Copyright Agent

push@powerfitng.com

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Powerfit Athletics fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within year(s) after said claim or cause of action arose or shall be forever barred.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Powerfit Athletics

push@powerfitng.com