Terms and Conditions of Use
You may also mail your concerns to us at the following address:Sports Performance Factory, LLC P.O. Box 5054 Westport, CT. 06881 USA
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Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER OR USE OUR WEBSITE.
1. MINORS: Although our products and services are not age specific, we do not market our services or products to minors. If you are below the age of 18, you should only use our products and services with the permission and/or active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
2a. REFUND POLICY: The ATHLEAN-X Training System is delivered entirely as a digital product with no recoverability once it is delivered. While other product offerings from ATHLEAN-X do have a 30 day return policy (our elast-x training bands and the women’s DVD workout program Athlean-XX for Women) the ATHLEAN-X Training Camp DIGITAL AND DIGITAL PLUS programs (and their associated digital content), ATHLEAN-X2 X-treme DIGITAL AND DIGITAL PLUS programs, ATHLEAN-X TNT series, ATHLEAN XERO, NXT, Ultimate Arms, Athlean-XX for Women Digital version and any other similarly delivered digital programs are not included and no returns accepted. That said, we do have our team of XPERTS standing by, as part of our XTRA MILE guarantee, who are glad to help you to get the most out of your program should you have any questions. Please just let us know how they can help you by submitting a ticket at http://support.athleanx.com
Should you require a refund of the Athlean-XX for Women program you may do so by returning the product to us in its unused original condition within 30 DAYS OF PURCHASE to the following address: Fulfillment Works LLC ATTN: Sports Performance Factory 297 State Street, North Haven, CT 06473
2b. SHIPPING AND DELIVERY POLICY: 1. It is understood that any and all packages delivered to international customers (defined as anywhere outside the fifty United States) will/may require clearance through customs which can cause an unpredictable delay of shipment. The requirement for clearance and length of delay can vary greatly from country to country. Likewise, any additional taxes or surcharges imposed by UPS, USPS or courier selected at the time of the international delivery are outside of our control, not determined, set or required by ATHLEAN-X and Sports Performance Factory and are therefore the responsibility of the recipient. Should packages be refused in these instances, it is understood that no refund of purchase will occur and the refusal of the package will be documented by the courier. 2. Packages are shipped once a day from our facility (9AM EST), Monday through Friday (with no shipping occurring on Saturday or Sunday). Any order placed will ship during this period on the following day using the shipping method selected by the customer at the time of checkout. Should the order be placed at 11AM EST on a Friday for instance, the package would not be shipped until Monday morning at 9AM EST due to the fact that the warehouse is closed as stated earlier. 3. Package tracking numbers are emailed to our customers on the evening of the day that the package ships (when applicable). Please note, only UPS provides detailed city by city tracking however they do not deliver to P.O. Boxes. USPS Priority Mail provides tracking ONLY for departure and destination events. No updates are provided in transit for USPS Priority Mail, however P.O. Box delivery is available. 4. International Shipping Documentation is required both by the recipient and the sender. AthleanX provides ALL necessary documentation required to export our products to other countries. We are required to provide a Commercial Invoice as well as Proof of Origin. The recipient is required to provide any and all other paperwork required by their county of citizenship or where the product is being shipped. This may consist of, but not limited to Proof of Import, any health licenses or any other document your county requires importing our product. If the recipient fails to provide such documentation and the product is not returned to our warehouse at the recipients’’ cost, NO REFUNDS will be issued.
5. MODIFICATIONS AND TERMINATIONS: These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail at firstname.lastname@example.org, and providing us with information relating to your concern.
6. LICENSEE STATUS: You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
7. CONTENT OWNERSHIP: All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail at email@example.com
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to firstname.lastname@example.org,or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY: The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
9. OBSCENE AND OFFENSIVE CONTENT: We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail at email@example.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
10. INDEMNIFICATION: You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
11. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION: You agree to obey all applicable laws while using our website. You agree that the laws of CT govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Westport, CT, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
12. SEVERABILITY OF THESE TERMS AND CONDITIONS: If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
13. HOW TO CONTACT US: Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail at firstname.lastname@example.org, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Sports Performance Factory LLC P.O. Box 5054 Westport, CT. 06881 USA
14. ENTIRE AGREEMENT: These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website. These terms and conditions were last updated on 04-12-2010.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website (see our website’s Terms and Conditions of Use for definitions), including all text, HTML, scripts, and images are copyrighted and owned by Sports Performance Factory, LLC. All rights reserved.
No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of the website owner.
This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. Â§ 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (â€œISPâ€).
The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
Copyright Agent Sports Performance Factory, LLC P.O. Box 5054 Westport, CT. 06881 USA
Copyright Agent Dotster, Inc. P.O. Box 821066 Vancouver, WA 98682 U.S.A.
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. Â§ 512(c)(3).
COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.