Terms of Service
Terms of Service
Latest Revision January 1, 2018
This Terms of Service ("TOS") is a legally binding agreement made by and between Ohio Fitness Garage (the “Trainer”) which provides health, nutrition, and fitness training (the “Services") described herein and you ("you" "member" or "customer.) When you access this website and services, you agree to the following Terms and Conditions.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERM OF SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.
Ohio Fitness Garage is a Fitness equipment manufacturer and retailer of
Custom and Semi-Custom Strength, Conditioning, Weightlifting, Cheer, Wrestling, Bodybuilding, Gymnastics, Olympic Lifting, Sports and Health fitness equipment. For the home, garage, commercial or institutional gym. Some of the items that are made for sale include Climbing Exercise Pegboards, Parallettes, Jerk Boxes, push pull up axle bars, pit foam, carpet bonded foam, balance beams, handstand canes and blocks, kip bars, stall walls, and floor trainers.
- Additional Terms
Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the "Additional Terms"), including promotions, or other similar features and the terms of our mobile application. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site; however, the arbitration provisions in Section 18 of these Terms shall apply to the Additional Terms.
- Use of the Sites and License
The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, FG grants you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. FG may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.
You may be required to create an account to access or use certain areas of a Site or you may elect to create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify FG immediately of any unauthorized access or use of your account or password, or any other breach of security.
FG reserve the right, including if FG becomes aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. FG do not sell products or services to children and do not permit children to have accounts. FG sells products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
Should FG determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, FG reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other FG systems from further damage or exposure. This may include proactively changing your password. Should this need arise, FG will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.
FG and the website services are intended for informational purposes only. Health, nutrition, and fitness training are not a substitute for medical care and are not intended as a substitute for consulting with your physician or other health care providers. Health, nutrition, and fitness training are not intended to diagnose or treat any condition. Any attempt to diagnose and treat an illness should be done under the direction of a doctor. Members are welcome to call or email a trainer for assistance in losing weight, getting fit, reducing stress, smoking cessation and eating better. The materials on FG ’s website is provided “as is”. FG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FG does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
- Limitations of Liability
FG and its affiliates, employees, and agents will under no circumstances be liable for any special, indirect, incidental, or consequential damages resulting from FG training program or products. You agree to defend, indemnify and hold harmless Ohio Fitness Garage, its principals, employees, contractors, affiliates, licensors, and anyone else who has been involved in the creation, production, promotion or delivery of this product, from any and all claims and damages arising from your use of the service and/or breach of any of the terms and conditions set forth herein. To the maximum extent permitted by applicable law, FG and its affiliates, employees, and agents, total aggregate liability to a customer for any and all claims arising under FG products shall not exceed the cost of their product.
- Accuracy of Information
FG attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. FG assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
FG does not warrant that any of the materials on its website are accurate, complete, or current. FG may make changes to the materials contained on its website at any time without notice. FG does not, however, make any commitment to update the materials. Our website is linked to other third-party sites, as such, FG have not reviewed all of the sites linked and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FG of the site. Use of any such linked website is at the user’s risk.
- Content, Pricing and Accuracy.
All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. FG attempt to ensure that information on the Sites is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and FG cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. FG make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products or services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, FG reserve the right to cancel any orders (or partial orders) for such products or services.
- Applicable Law
By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. The Sites are not intended to subject FG to the laws or jurisdiction of any state, country or territory other than that of the United States, and FG do not represent or warrant that the Sites or any part thereof is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and/or sale of any product or service purchased via a Site.
- Shipping Charges and Limitations
When a product order is placed, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All product purchases from a Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
- Confirmation and Cancellation
While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. FG reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. FG also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.
For products purchased from our Sites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped. Certain custom items may be charged when the order is placed. Partial shipment or partial cancellation of orders may occur.
FG Services are intended for informational purposes only. To the maximum extent permitted by law, all training services, including any documentation, publications, or other information provided therein by or on behalf of FG to members, are furnished on an "as-is" basis without warranty of any kind as to its accuracy and completeness. The warranties, conditions, and remedies contained in these terms and conditions are exclusive and instead of all other warranties, conditions, terms, undertakings, and representations. Except as provided herein, as permitted by applicable law, FG specifically disclaims and excludes any and all statutory or implied warranties, conditions, terms, undertakings, obligations, and representations related to or arising in any way out of these terms and conditions, including any implied warranty or condition of merchantability, satisfactory quality, care, skill, or fitness for a particular purpose. No employee or agent is authorized to make any modifications, extension, or addition to this warranty.
- Third Party Websites.
FG website may contain links to other websites on the Internet that are owned and operated by third parties. FG do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because FG have no control over such websites and resources, you agree that FG are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that FG shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, FG will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. FG are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
- Governing Law
Any claim relating to FG ’s website shall be governed by the laws of Ohio without regard to its conflict of law provisions.
- Intellectual Property Rights.
(a) Copyright. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.
(b) Trademarks. FG is a registered trade name FG own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress FG own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Boise, ID before and in accordance with the Rules of the US Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, FG will have the right to seek injunctive or other equitable relief in state or federal court located in Ohio to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party at this moment irrevocably submits to the personal jurisdiction of such court. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
FG will have the right to terminate your access to the Website if FG reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Website, and FG may, in our discretion, cancel any outstanding Product Orders. If your access to the Website is terminated, FG reserve the right to exercise whatever means FG deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until FG choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
20. Contact Us
Ohio Fitness Garage,
1209 Hill Rd N,
# 161, Pickerington,