Effective Date: October 21, 2023
Thank you for visiting a website, app or service provided by LENSFAST LLC! We are pleased to provide you with our content and services and appreciate your patronage. Before you engage with our website, app, or services, we encourage you to read these Terms of Service, so you know what to expect when visiting and engaging with our various properties.
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT“) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER“) AND EXERCISEEQUIPMENT.COM OR THE APPLICABLE AFFILIATE OF EXERCISEEQUIPMENT.COM DOING BUSINESS AS “LENSFAST LLC” (“COMPANY,” “WE,” OR “US“).
By accessing or using any website with an authorized link to this Agreement (each a “Website“), accessing or using any application with an authorized link to this Agreement (“App,” together with the Websites, the “Properties”), registering an account, or accessing or using any content, information, services, features or resources available or enabled via the Properties (collectively with the Properties, the “Services“), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement you may not access or use the Services. By accessing or using any website with an authorized link to this Agreement (each a “Website”), accessing or using any application with an authorized link to this Agreement (“App,” together with the Websites, the “Properties”), or engaging with our health-related content and recommendations, you accept this Agreement’s terms.
Subject to Section 5.9 of this Agreement, the Company reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.
1. Registration; Other Services
1.1Registration Data. When applying for or registering an account for any of the Services, including, but not limited to, subscribing or gaining access to a magazine or other subscription (“Account”), you agree to provide accurate, current and complete information (the “Registration Data”) and to promptly update your Registration Data in the event of a change of such Registration Data, including, but not limited to, name change, credit, debit card or payment account information, e-mail address or postal address, as necessary. You agree that you may not register for an Account if you are barred or otherwise suspended from using the Services under any applicable law or by the Company. You further agree that you will not maintain more than one Account for the same Company service at any given time. You will be responsible for all activities that occur under your Account. You agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account.
1.2Subscriptions. If you subscribe to a Company publication or other Service for which there is a recurring charge, you agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption. If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks. Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which, unless otherwise noted, will be incorporated by reference into this Agreement.
1.3Sponsored/Affiliate Content. Certain portions of the Services may include content that contains links to third party web sites for which Company may receive compensation from the operator of the third-party web site by virtue of your clicking to or making a purchase on that site. As described more fully in Section 3.4 below, by clicking on these links you understand and agree that you are leaving a Company Property and visiting a website that is not controlled by us.
1.4Lead Generation. Certain portions of the Services may provide you the opportunity to be contacted by third party suppliers and others in order to obtain particular services. By providing your contact information in connection with these Services, you understand and expressly consent to be contacted by these third parties using the contact information you provide and that we shall have no responsibility or liability whatsoever in connection with any products, work estimates or the provision of services by these third parties.
1.5Sweepstakes and Contests. All sweepstakes, contests, and other promotions conducted on or through the Services will be governed by the official rules applicable to that promotion, which, unless otherwise noted, will be incorporated by reference into this Agreement.
1.6Removal of Accounts. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by the Company.
1.8 Affiliate Links and Content. Portions of our Services may include content linking to third-party websites. If you click on these links or make a purchase, we may receive compensation from the third-party website operator. Remember, by clicking these links, you’re navigating away from our domain, and we don’t have control over external websites.
1.9 Third-Party Interactions. Our Services might offer opportunities to be contacted by third-party suppliers for specific products or services. If you provide your contact information, you expressly consent to be contacted by these third parties. We’re not responsible for their products, services, or any transactions you might conduct with them.
2. User Content
2.1Responsible Party for Content. Any content you provide or post is your responsibility. This includes reviews, comments, or any other content you might share. The Company can’t pre-screen all user-generated content, so use your best judgment and act responsibly. You understand, acknowledge, and agree that all user generated content posted (that is, non-Company content), displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provides to the Company, whether online or offline, and whether or not solicited by the Company (“User Content“). User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to Company. Company has no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other User at your own risk. Without limiting the foregoing, Company reserves the right in its sole discretion, but does not have an obligation, to pre-screen, review, refuse, or remove any content. Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by Company. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this Agreement, Company’s policies, or applicable law.
2.2Ownership of Your Content. Company does not claim ownership of any User Content you make available on the Services (“Your Content“). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Company the license set forth in Section 2.3. Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.
2.3License to Your Content. Subject to any applicable Account settings that you select or license agreement you may be asked to agree to when posting or submitting Your Content on or though the Services, you grant Company, its agent(s) and supplier(s), and anyone else authorized by Company, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. When you post content, you give the Company a license to use, display, and share it. This means if you share a review or a comment, the Company can showcase it on the website or other promotional materials. Ensure that the content you provide doesn’t violate any copyrights or other rights. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any “moral rights” in Your Content. In connection with the exercise of these rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of Your Content by name, email address, or username, as Company deems appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. Accordingly, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the Services.
2.4Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not endorsed by Company and does not represent the views of Company. If you post a review or rate a product, make sure it’s based on your genuine experience. Don’t post misleading reviews or those influenced by personal gain. Integrity is essential, and we reserve the right to remove reviews that seem insincere or violate our terms. To the fullest extent permitted by law, Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your actual, first-hand experience with the applicable business, product, or service; (b) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship, or any other affiliation; (c) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, or otherwise violates the terms or spirit of this Agreement, we may exclude, prohibit, or remove such User Content in our sole discretion without notice.
2.5Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. When using our Services, be respectful and lawful. Don’t post content that’s misleading, harmful, or deceitful. This includes false information, spam, or content that might harm another user. Remember, you’re responsible for your actions and the content you post. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company’s prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company or misrepresents your affiliation with any other person or entity; or (vi) that violates any other rules or regulations that we may post in connection with a particular feature of the Services. You alone are responsible for the content and consequences of any of your activities.
3. Ownership of and License to Use Company Services
3.1Use of the Services. Except with respect to User Content, Company and its suppliers own or are licensees of the rights, title, and interest required for the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Company grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Company, its suppliers and service providers reserve all rights not granted in this Agreement. Besides user-generated content, we own or have the licenses for everything related to the Services. This means all the materials we provide are protected by copyright and other laws worldwide. By agreeing to these terms, we’re letting you use our Services for your personal, non-business needs. If we release new versions or updates, this agreement will apply to them as well. Any rights not explicitly given to you in this agreement remain with us.
3.2Trademarks. Company’s stylized name and other related trademarks, graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Our name, logos, and other related signs are our trademarks. You can’t use them without our permission, especially with products or services that aren’t ours. If other trademarks appear in our Services, those belong to their respective owners. Respect all the copyrights and trademarks you see on our Services – don’t remove or hide them.
3.3Restrictions on Use of Services. You agree not to do any of the foregoing:
(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;
(b) you shall not frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout or form) of Company;
(c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks;
(d) you shall not modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape,” harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(f) you shall not use any data from the Services for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system);
(g) you shall not access the Services to build a similar or competitive website, application, or service;
(h) you shall not except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
(i) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third party’s intellectual property or other proprietary or legal rights;
(j) you shall not use the Services in violation of any applicable law;
(k) you shall not attempt to gain unauthorized access to other computer systems through the Services;
(l) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and
(m) you shall not attempt to harm our Services or use the Services in a manner that could interfere with any party’s use or enjoyment of the Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Any unauthorized use of the Services immediately terminates the licenses granted by Company pursuant to this Agreement.
3.4Third-Party Links. The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you are about to or have left the Services. Company does not control and is not responsible for Third-Party Links. Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk. Sometimes, we might link to other websites or apps. Clicking those links will take you outside our Services. We don’t control these external sites, so use them at your own risk.
3.5Embedded Video Links. Certain pages of the Services provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video“). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, length, and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by the Company when the Embedded Video appears (the “Player”); (iii) the Embedded Video may be used for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) the Embedded Video is not used for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system); (c) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (d) to the extent you sell any advertising, sponsorship, or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by Company which is a sufficient basis for such sales. You may not block, inhibit, build upon, or disable any portion of the Player, including without limitation links back to Company’s Services. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Website without limitation of any provision of these Terms of Service, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify, and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.
4. Indemnification and Limitation of Liability
4.1Indemnification. You agree to indemnify and hold Company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Company Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any claims concerning: (a) the violation of the rights of any third party, including intellectual property rights, by Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. If you misuse our Services or breach this agreement and someone makes a claim against us because of that, you’ll need to protect us from any costs or damages that result.
4.2Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. We aim to provide great Services, but there are certain things we can’t promise. For instance, we can’t guarantee that our Services will always be available or error-free. Always consult professionals when making crucial decisions based on the content in our Services.
4.3Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We’re not liable for lost profits or indirect damages that happen because of our Services.
4.4Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
4.5Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES.
THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS. Depending on where you live, some of these limitations or exclusions might not apply to you.
4.7Survival. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Services.
5. General Provisions.
5.1Disclaimer. The information available through the Services is provided solely for informational purposes on an “as is” basis at user’s sole risk. Company makes no guarantees as to the accurateness, quality, or completeness of the information and Company shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use. the health-related information provided through the Services is for informational purposes only and should not be used as a substitute for professional medical advice. It’s provided “as is” without any guarantees of accuracy, quality, or completeness. The Company is not responsible for errors, omissions, or the accuracy of the information. Always consult with healthcare professionals before making health-related decisions.
5.2Termination. At its sole discretion, Company may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. The Company retains the right to modify, suspend, or discontinue its Services without notice. Access to the Services can also be restricted, suspended, or terminated at the Company’s discretion. If any user violates these terms, the Company can take legal actions, including pursuing civil, criminal, or injunctive redress.
5.3Procedure for Making Claims of Copyright Infringement. If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: by email to INFO@EXERCISEEQUIPMENT.COM Company maintains a policy to terminate in appropriate circumstances the Service use privileges of all repeat infringers of copyright rights. Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.
5.4Electronic Communications. The communications between you and Company use electronic means, whether you visit the Services or send Company e-mails, or whether Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights. All communications between you and the Company will be electronic. By using the Services, you agree to receive electronic communications and that they have the same legal standing as traditional “written” communications.
5.5Notice. Where Company requires that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: INFO@EXERCISEEQUIPMENT.COM Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
5.7International Users. The Services are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. The Services originate from the U.S., and the Company doesn’t guarantee its appropriateness or availability for international users. Those accessing from outside the U.S. must comply with local laws.
5.8Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Users must adhere to all U.S. and local export laws. The Services should not be used in U.S.-embargoed countries or by anyone on U.S. government prohibition lists.
5.9Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. This Agreement constitutes the entire understanding between the parties and supersedes prior discussions or agreements. The Company’s failure to enforce any part of this Agreement does not waive its right to do so in the future. If any part of this Agreement is deemed unenforceable, the rest remains in effect.
5.10Questions, Complaints, Claims, Permissions. If you have any questions, complaints, or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns. For usage and/or reprint permission requests, please email email@example.com.
5.11California Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Californian users can direct complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
5.12Limitation of Liability. To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Company has been advised as to the possibility of such damages or could have foreseen such damages. By using the Services, you agree to accept all responsibility for the risks associated with your use or reliance on any information provided by the Company.
LINKS, OTHER WEBSITES AND/OR MATERIALS
We may post links to other website(s) on our Website. These links are provided as a courtesy to our Website visitors. Because Lensfast LLC has no control over linked websites and resources you hereby acknowledge and agree that Lensfast LLC is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, advertising, goods or services or other materials on or available from such websites or resources. You further acknowledge and agree that Lensfast LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, information, advertising, goods or services or other materials on or available from such websites or resources.. Lensfast LLC reserves the right to terminate any link at any time.
DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, manufacturers and/or advertisers found on or through the website, including rebates, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such manufacturers and/or advertisers. You agree that Lensfast LLC, its subsidiaries and affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such manufacturers and/or advertisers on the website.
All materials and information available on the Website are protected by copyright. These materials are owned or controlled by Lensfast LLC or licensed to Lensfast LLC by a third party and may not be used except as provided in these Terms and Conditions or in the text on the website without the written permission of Lensfast LLC. Lensfast LLC neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Lensfast LLC. With the exception of the foregoing limited authorization, no license to or right in any copyright of Lensfast LLC or of any other party is granted or conferred to you. The Lensfast LLC website may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Lensfast LLC and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Lensfast LLC and/or other parties is granted to or conferred upon you and any violations will be prosecuted to the full extent of all and any applicable law.
If you download any downloadable materials, you cannot modify them in any way and you must abide by all copyright, trademark and other notices in such materials. You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained on this Website. It is strongly advised that you do not upload any third party materials to our Website without third party authorization (other website or website content, articles, links, text, images, videos, etc.) as most third party published materials are likewise subject to copyright and other protections.
The trademarks, service marks, trade names, trade dress and product names featured on this Website are trademarks of Lensfast LLC, its affiliates, related companies or its licensors, unless otherwise noted. Lensfast LLC’s trademarks may be used publicly only with permission.
ACCURACY OF INFORMATION
Lensfast LLC strives to accurately describe its products and provide updated information on our Website. However, Lensfast LLC does not warrant that product descriptions and information on the Website are complete or free from error.
DISCLAIMER OF MEDICAL AND/OR GENERAL ADVICE
You are absolutely prohibited in any manner from reselling any products and/or services you purchase from Lensfast LLC, its subsidiaries and affiliates whether you purchased the products through the website or by any other means.
You agree to indemnify and hold Lensfast LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensor’s harmless from any claim or demand, including reasonable attorney’s fees, made by you or any third party due to or arising out of your use of the website, your connection to the website, your violation of the TOS or your violation of any rights of another.
1. Arbitral Claims. Except as otherwise specified below, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between Lensfast LLC and The Consumer; (c) any act committed by Lensfast LLC or by any parent company, subsidiary or affiliated company of Lensfast LLC (the “Lensfast LLC Companies”), or by any employee, agent, officer or director of a Lensfast LLC Company whether or not arising within the scope and course of employment or other contractual representation of the Lensfast LLC Companies provided that such act arises under a relationship, transaction or dealing between Lensfast LLC and The Consumer; and/or (d) any other relationship, transaction or dealing between Lensfast LLC and The Consumer (collectively the “Disputes”), will be subject to and resolved by binding arbitration. Notwithstanding the foregoing, the parties agree that either party may pursue claims against the other that do not exceed Fifteen Thousand Dollars ($15,000) in the aggregate in a court of competent jurisdiction. Service of arbitration claims shall be acceptable if made by U.S. mail or overnight delivery to the address for the party described herein.
2. Administrative Body. All arbitration hereunder will be conducted in accordance with the Commercial Arbitration Rules of either: (a) The American Arbitration Association (“AAA”); or (b) United States Arbitration & Mediation (“USA&M”). The party first filing an arbitration claim shall designate which arbitration forum and rules are to be applied for all disputes between the parties. The arbitration rules are found at http://www.adr.org for AAA, and at http://www.usam-midwest.com for USA&M. AAA claims may be filed in any AAA office. Claims filed with USA&M shall be filed in their Midwest office located at 720 Olive Street, Suite 2300, St. Louis, Missouri 63101. All arbitrator(s) selected will be attorneys with at least five (5) years secured transactions experience. A panel of three arbitrators shall hear all claims exceeding One Million Dollars ($1,000,000), exclusive of interest, costs and attorneys’ fees. The arbitrator(s) will decide if any inconsistency exists between the rules of the applicable arbitral forum and the arbitration provisions contained herein. If such inconsistency exists, the arbitration provisions contained herein will control and supersede such rules. The arbitrator shall follow the terms of this agreement and the applicable law, including without limitation, the attorney client privilege and the attorney work product doctrine.
3. Hearings. Each party hereby consents to a documentary hearing for all arbitration claims, by submitting the dispute to the arbitrator(s) by written briefs and affidavits, along with relevant documents. However, arbitration claims will be submitted by way of an oral hearing, if any party requests an oral hearing within forty (40) days after service of the claim, and that party remits the appropriate deposit for AAA/USA&M’s fees and arbitrator compensation within ten (10) days of making the request. The site of all oral arbitration hearings will be in the Division of the Federal Judicial District in which AAA or USA&M maintains a regional office that is closest to The Consumer.
4. Discovery. Discovery permitted in any arbitration proceeding commenced hereunder is limited as follows. No later than forty (40) days after the filing and service of a claim for arbitration, the parties in contested cases will exchange detailed statements setting forth the facts supporting the claim(s) and all defenses to be raised during the arbitration, and a list of all exhibits and witnesses. No later than twenty-one (21) days prior to the oral arbitration hearing, the parties will exchange a final list of all exhibits and all witnesses, including any designation of any expert witness(es) together with a summary of their testimony; a copy of all documents and a detailed description of any property to be introduced at the hearing. Under no circumstances will the use of interrogatories, requests for admission and requests for the production of documents or the taking of depositions be permitted. However, in the event of the designation of any expert witness(es), the following will occur: (a) all information and documents relied upon by the expert witness(es) will be delivered to the opposing party; (b) the opposing party will be permitted to depose the expert witness(es); (c) the opposing party will be permitted to designate rebuttal expert witness(es); and (d) the arbitration hearing will be continued to the earliest possible date that enables the foregoing limited discovery to be accomplished.
5. Confidentiality of Awards. All arbitration proceedings, including testimony or evidence at hearings, will be kept confidential, although any award or order rendered by the arbitrator(s) pursuant to the terms of this Agreement may be confirmed as a judgment or order in any state or federal court of competent jurisdiction within the federal judicial district which includes the residence of the party against whom such award or order was entered. This Agreement concerns transactions involving commerce among the several states. The Federal Arbitration Act, Title 9 U.S.C. Sections 1 et seq., as amended (“FAA”) will govern all arbitration(s) and confirmation proceedings hereunder.
6. Prejudgment and Provisional Remedies. Nothing herein will be construed to prevent Lensfast LLC’s or The Consumer’s use of bankruptcy, receivership, injunction, repossession, replevin, claim and delivery, sequestration, seizure, attachment, foreclosure, and/or any other prejudgment or provisional action or remedy relating to any Collateral for any current or future debt owed by either party to the other. Any such action or remedy will not waive Lensfast LLC’s or The Consumer’s right to compel arbitration of any Dispute.
7. Attorney’s Fees. If either The Consumer or Lensfast LLC brings any other action for judicial relief with respect to any Dispute, the party bringing such action will be liable for and immediately pay all of the other party’s costs and expenses (including attorneys’ fees) incurred to stay or dismiss such action and remove or refer such Dispute to arbitration. If either The Consumer or Lensfast LLC brings or appeals an action to vacate or modify an arbitration award and such party does not prevail, such party will pay all costs and expenses, including attorneys’ fees, incurred by the other party in defending such action. Additionally, if The Consumer sues Lensfast LLC or institutes any arbitration claim or counterclaim against Lensfast LLC in which Lensfast LLC is the prevailing party, The Consumer will pay all costs and expenses (including attorneys’ fees) incurred by Lensfast LLC in the course of defending such action or proceeding.
8. Limitations. Any arbitration proceeding must be instituted: (a) with respect to any Dispute, within one (1) year after the date the last payment by or on behalf of the payor was received and applied by the payee; and (b) with respect to any other Dispute, within one (1) year after the date the incident giving rise thereto occurred, whether or not any damage was sustained or capable of ascertainment or either party knew of such incident. Failure to institute an arbitration proceeding within such period will constitute an absolute bar and waiver to the institution of any proceeding, whether arbitration or a court proceeding, with respect to such Dispute.
9. Survival After Termination. The agreement to arbitrate will survive the termination of this Agreement.
10. INVALIDITY/UNENFORCEABILITY OF BINDING ARBITRATION. IF THIS AGREEMENT IS FOUND TO BE NOT SUBJECT TO ARBITRATION, ANY LEGAL PROCEEDING WITH RESPECT TO ANY DISPUTE WILL BETRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE WITHOUT A JURY. THE CONSUMER AND Lensfast LLC WAIVE ANY RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDING.
11. Governing Law. This Agreement and all other agreements between The Consumer and Lensfast LLC have been substantially negotiated, and will be substantially performed, in the state of Wyoming. Accordingly, all Disputes will be governed by, and construed in accordance with, the laws of such state, except to the extent inconsistent with the provisions of the FAA which shall govern all arbitration proceedings hereunder. THIS CONTRACT CONTAINS BINDING ARBITRATION and JURY WAIVER PROVISIONS.
CHOICE OF LAW AND FORUM
The TOS and the relationship between you and Lensfast LLC, its subsidiaries and affiliates (Lensfast LLC) shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. You and Lensfast LLC hereby agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Wyoming.
The TOS constitutes the entire agreement between you and Lensfast LLC, its subsidiaries and affiliates and governs your use of the website, superseding any prior agreements between you and Lensfast LLC with respect to the website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Lensfast LLC or affiliate services or third party products and/or services or use and/or participate in any other such product and/or services.
WAIVER AND SEVERABILITY OF TERMS
The failure of Lensfast LLC, its subsidiaries and affiliates to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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 AND NON-TRANSFERABILITY
You agree that your information on the website is non-transferable and any rights to your information within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all information therein permanently deleted.
STATUE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim, claims or cause of action(s) arising out of or related to use of the website or the TOS must be filed within one (1) year after such claim, claims or cause of action(s) arose or be forever prohibited from filing or cause to be filed any said claim, claims or action(s).
CHANGES IN TERMS OF SERVICE
We may modify or terminate our products and/or services at any time for any reason and without notice, including the right to terminate or modify with or without notice, without liability to you or any other user or third party whatsoever. You hereby agree we reserve the right to modify these Terms of Service at any time without notice. You agree to review these Terms of Service each and every time you visit or order so that you will be apprised of any changes.
The section titles in the TOS are for convenience only and have no legal or contractual effect.