BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS.
These Terms & Conditions (the “Terms” or “Agreement”) are made and entered into by and between GLUTEBUILDER LLC, a Florida limited liability company, (referred to in these Terms as “GluteBuilder”, “we”, “us” or “our”), which is the operator of the website www.Glute-Builder.com (the “Website”), and you, a user of the Website (referred to in these Terms as “User”, “you” or “your”). This Agreement applies when you access the Website. If you do not agree to the Terms contained herein, you may not access, visit, or use the Website.
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE (IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE).
GluteBuilder is a provider of various types of fitness equipment, including the GLUTEBUILDER, GLUTEBUILDER BOX, and GLUTEBUILDER BARBELL, specializing in glutes training (“Products”). GluteBuilder reserves the right to add or remove any Products made available for purchase as it determines in its sole discretion from time to time.
Purchase of Products.
You may purchase the Products on the Website. In addition, GluteBuilder may now, or in the future, charge a fee for additional service offerings, either on a one-time, re-occurring or subscription basis. You agree to provide only true, accurate, current and complete information in connection with any purchase of Products or other services.
When you purchase a Product, you have an opportunity to review and accept the fees that you will be charged, which GluteBuilder may change from time to time, in its sole discretion, prior to such acceptance. Changes to applicable fees are effective upon posting the changes on the Website. When you make a purchase through the Website, you authorize GluteBuilder and its third party payment processor, Stripe, Inc., to charge the credit card identified by you for the full amount of the applicable fees (including, where applicable, any recurring subscription fees) and all applicable taxes, and you represent and warrant that you are authorized to use such credit card for the purpose of making such purchase. You acknowledge and agree to abide by any applicable terms and conditions of Stripe, which can be accessed at https://stripe.com/ssa and https://stripe.com/privacy.
You further authorize GluteBuilder and/or Stripe to store your credit card information. If GluteBuilder does not receive payment from your credit card provider, Products will not be shipped to you until paid for.
At the time you place your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.
Promotions and Discounts.
From time to time, GluteBuilder may offer certain promotions and discounts related to Products or other services. To qualify for such promotional discounts, you may be required to enter a unique code prior to finalizing your order. Certain Products or payment options may not be eligible, and any further rules and restrictions will be disclosed at the time promotional offers are presented to you. By participating in a promotion or discount, you agree to any such applicable rules and restrictions. If you have any questions regarding promotional offers, please contact GluteBuilder at firstname.lastname@example.org.
Shipping and Risk of Loss.
All Products purchased from the Website are shipped pursuant to terms and pricing you select from options provided to you at the time of purchase. Machine products are typically shipped pursuant to lift-gate terms and may not necessarily be delivered to the doorway of your requested delivery location. All other Products are generally sent by regular parcel service through UPS® or FedEx®, unless you specify otherwise through the options provided. You agree to any applicable terms and conditions of the third-party shipping company used to deliver Products you order.
The risk of loss and title for Products you order pass to you upon our delivery to the carrier. If you require special delivery methods, please contact us at email@example.com.
Returns and Replacement.
Any refund and/or return of Products purchased through the Website are subject to our Refunds & Returns Policy, which can be accessed at www.glute-builder/returns-policy/
Products may be covered by certain limited warranties as offered by GluteBuilder, in its sole discretion and in accordance with our Warranty Policy, which can be accessed at www.glute-builder.com/warranty-policy/
Disclaimer Regarding Medical and Professional Advice.
GluteBuilder is not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or treatment on a medical condition. GluteBuilder does not intend the Website or any Products to be a substitute for professional medical or psychological advice, diagnosis, or treatment.
You are responsible for your own health, diet research and decisions; therefore, GluteBuilder requires that you consult with your physician or health care practitioner before dieting, making any personal health decisions, or following any training instructions you receive related to a Product. By using the Website or a Product, you certify that you are a healthy individual or have received consent from your physician to participate in workouts and exercises. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death.
GluteBuilder is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website or related to a Product, or any health problems that may result from a Product you order through the Website. If you engage in the use of any exercise equipment you receive through the Website, you agree that you do so at your own risk and are voluntarily participating in these activities. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
ATTENTION: NOT ALL WORKOUT ROUTINES, EXERCISES AND/OR ACTIVITIES ARE SUITABLE FOR EVERYONE. ALWAYS CONSULT A PHYSICIAN BEFORE STARTING A WORKOUT PROGRAM, CHANGING YOUR WORKOUT ROUTINE, OR CHANGING YOUR DIET. IF YOU FEEL DISCOMFORT OR PAIN, YOU MUST DISCONTINUE ANY EXERCISE AND CONSULT A MEDICAL EXPERT.
If you provide us or Stripe with your email address, we may send you newsletters and other electronic communication and containing requests for information, updates, new promotions, discounts, and other communications in writing (“Communications”) regarding the Website and Products. Providing your e-mail address confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at firstname.lastname@example.org with the subject line: “Unsubscribe from Electronic Communications.” In addition, our communications themselves may include the opportunity to opt out. For example, our e-mails may include an unsubscribe link.
You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website in our discretion. These prohibited activities include, without limitation, the following:
Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets.
Using any information obtained from the Website in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent.
Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website.
Attempting to impersonate another User or person.
Using any information obtained from the Website in order to harass, abuse or harm another person.
Using the Website in a manner inconsistent with any and all applicable laws and regulations.
Using or otherwise accessing the Website for any reason other than a good faith interest in being matched with Agencies.
Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.
Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website.
Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website.
Removing any copyright, trademark or other proprietary rights notices contained in the Website.
Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website.
Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures.
Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website;
Modifying, translating, or creating derivative works based on the Website or Products.
Intellectual Property Rights.
The Website and its contents, including any text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, including but not limited to the trademark “GLUTEBUILDER”, are the intellectual property of GluteBuilder or its licensors and constitute trademarks, patents, copyrights and other intellectual property rights of GluteBuilder or its licensors under U.S. and foreign laws and international conventions.
You are prohibited from using any such trademark displayed through the Website for any purpose including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of GluteBuilder or such third party, which may own the trademark.
You agree not to engage in the use, copying or distribution of the Website, any of its contents or any data generated or produced using the Website for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Website. We may, but are not obligated to, periodically provide updates to the Website to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Website, Products, or to any other contents contained on the Website. All rights not expressly granted in these Terms are reserved by GluteBuilder and its respective licensors, affiliates, and contractors.
GluteBuilder respects the intellectual property of others and expects its Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate access to the Website of any User who repeatedly infringes the rights of copyright holders.
Glutebuilder will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, then you must send GluteBuilder a written notice that includes all the following:
a legend or subject line that says: “DMCA Copyright Infringement Notice”;
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
your electronic or physical signature.
GluteBuilder will only receive DMCA notices by email directed to GluteBuilder’s Designated Agent at the email address below:
DiSchino & Schamy, PLLC
GluteBuilder may elect to not respond to DMCA notices that do not comply with all the foregoing requirements, and GluteBuilder may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Website for any purpose.
Disclaimer of Warranties.
GluteBuilder attempts to ensure that the Website is as accurate as possible. However, we do not warrant that Product descriptions or other content available on the Website is accurate, complete, reliable, current, or error-free. GluteBuilder does offer a limited warranty for Products purchased through the Website, as set forth in our Warranty Policy.
THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR ANY MOBILE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GLUTEBUILDER, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, GLUTEBUILDER DOES NOT REPRESENT OR WARRANT (I) THAT THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) REGARDING THE USE OF THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Limitation of Liability.
IN NO EVENT SHALL GLUTEBUILDER BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL GLUTEBUILDERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO GLUTEBUILDER BY YOU.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You agree to fully indemnify, defend, and hold GluteBuilder and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website or the services or goods obtained through your use of the Website, including, but not limited to, Products; (ii) any User Content you upload or submit to us; (iii) our breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iv) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (v) your activities in connection with the Website or other websites to which the Website is linked; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Website.
Governing Law and Jurisdiction.
You agree that your use of the Website shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law rules. The courts of Miami-Dade County, Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
For purposes of this Agreement, you and GluteBuilder are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the Website, and any purchased Products, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Thirty Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to email@example.com. The notice must be sent within thirty (30) days of your first access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Website.
These Terms may be amended by GluteBuilder from time to time. You agree that you will review these Terms prior to using the Website, and that your participation and continued use of the Website will constitute acceptance of these Terms, as they may be amended from time to time. A new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Website or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by the new version of this Agreement, you must notify us and agree there shall be no further provision of or access to the Website. We shall not have any liability to you in such an event.
Operation of the Website.
You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms, including, without limitation, reporting to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Website, and (iii) otherwise manage the Website in a manner designed to protect the rights and property of GluteBuilder and Users and to facilitate the proper functioning of the Website.
This Agreement is effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Website via email to firstname.lastname@example.org, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
GluteBuilder shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond GluteBuilder’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, act of god, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”). Without limiting the foregoing, we shall have no obligation or liability to provide Products due to a Force Majeure Event.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website or its contents. Modifications to the Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of GluteBuilder.
You consent to receive notices and other communications regarding these Terms through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that GluteBuilder provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms or the Website, you may contact us by email at email@example.com