TERMS OF SERVICE
Effective Date: [3 \14\2018]
1. Acceptance of Terms
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE.
2. Site Information and Operation
No Guarantee. We provide a wealth of information for users on the Site, including a variety of x[EXERCISE INFO, ETC.]. Although we work hard to provide high quality information, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur due to events outside of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the information available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Billing & Payments
3VI uses a third-party payment processor (“Payment Processor”) to carry out credit and debit card payments. Payment Processor has given 3VI reasonable assurances that it is PCI compliant (PCI is a set of security standards and protocols for companies that deal with credit card information to keep payment information secure). For your security, 3VI never receives or stores your card information, such as card number, expiration date, and security code.
You acknowledge agree that all payments made by you to 3VI must be made in U.S. Dollars (“USD”). You further acknowledge and agree that you are responsible for any and all taxes and fees due from said payments.
You must promptly notify 3VI if your payment method is canceled (including if your card is lost or stolen), or if you become aware of a potential breach of security. If you fail to provide us any of the foregoing information, then you agree that you are responsible for any and all fees accrued.
You agree that, should you have any problems or errors with your payments, such as duplicate billing, you shall contact 3VI within thirty (30) days to resolve the problem. Your failure to contact 3VI within that time shall constitute your waiver of any claim against 3VI and shall release 3VI from all liability arising from or related to the dispute.
You agree that you will not challenge or dispute any payment or charge with your financial institution. You agree that you will be responsible for any balance owed to 3VI, plus any fees charged to 3VI by its financial institution, if your financial institution initiates a chargeback or other dispute.
3VI is committed to providing high-quality products to its customers. If an item that you purchase through this Site is defective, or you are unsatisfied with it, you may return the item for a refund under the terms described below.
Defective Products: If a product that you order through this Site arrives in a defective condition, you may return it within fourteen (14) days of receipt for a full refund of both the purchase price and shipping and handling costs incurred by the product’s delivery to you, remitted by the same method of payment used to purchase the product (“Defective Product Refund”). You must include a short description of the defect along with the returned item. Once our staff receives the returned item and verifies, in its sole discretion, that the defect exists, the Defective Product Refund will be processed within thirty (30) days of 3VI’s receipt of the returned product.
Other Returns: If you are unsatisfied with a product that you purchase through this Site, you may return it within fourteen (14) days of receipt for a full refund of the purchase price only—shipping and handling costs incurred by the product’s delivery to you will not be refunded—remitted by the same method of payment used to purchase the product (“Purchase Price Refund”). Once our staff receives the returned product, the Purchase Price Refund will be processed within thirty (30) days of 3VI’s receipt of the returned product.
All returns must be sent by a nationally recognized carrier, such as the United States Post Office, UPS, or FedEx, to:
3VI International, LLC
20160 NW 9th Drive
Pembroke Pines, FL 33029
5. Site Conduct, Posting Policies & Third-Party Websites
User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, bypass, or limit the functionality of any software, hardware, or telecommunications equipment, otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
vi. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via said activity on this Site;
vii. impersonates any person or entity, including any of our employees or representatives.
No Endorsement. 3VI neither endorses nor assumes liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply our endorsement, association, or warranty of any kind, either express or implied.
6. 3VI Intellectual Property
Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by 3VI or its Affiliates.
Ownership of Content. All content presented to you on this Site is protected by copyright, trademark, trade secret, patent and/or other proprietary rights available within the United States, and is the sole property of 3VI or its Affiliates, as applicable.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of 3VI or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of 3VI or its Affiliates.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
7. Content You Create.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that your or someone else’s copyright has been infringed by content provided on this Site, you (or the owner, collectively “Rights Holder”) should send a notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, the file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in #2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s physical or electronic signature.
Notice may be sent to:
By Mail: [VINCENT/RANDI TAYLOR]
DMCA Agent, 3VI International, LLC
20160 NW 9th Drive
Pembroke Pines, FL 33029
By e-mail: [DMCA EMAIL ADDRESS]
Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the federal district court in [JURISDICTION] and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
5. Your physical or electronic signature.
Notice may be sent to:
By Mail: [VINCENT/RANDI TAYLOR]
DMCA Agent, 3VI International, LLC
20160 NW 9th Drive
Pembroke Pines, FL 33029
By e-mail: [DMCA EMAIL ADDRESS]
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
Abuse of DMCA procedures may incur liability for damages, court costs, and attorney’s fees pursuant to section 512(f) of the DMCA.
8. Privacy & Security
All content on this site are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make NO WARRANTY that: (a) the content will meet your requirements, (b) the content will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the content will be effective, accurate or reliable, or (d) the quality of any content obtained by you from the Site, from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and Offerings on this Site, including the prices and descriptions of any Offerings listed herein, at any time without notice. The content available on this Site may be out of date, and we make no commitment to update such content. The use of the Site, or the downloading or other acquisition content through this site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
We make no warranty regarding any transactions executed through a third party, and you understand and agree that such transactions are conducted entirely AT YOUR OWN RISK. Any warranty that is provided in connection with any content available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
10. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Offerings purchased on the Site during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site.
Further, we shall not be liable in any way for third party promises regarding our offerings or content or for assistance in conducting commercial transactions with the third party through this site, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice for any reason or no reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Subject to any separate writing between us, regardless of the motivating reason(s), your right to use the Offerings available on this Site will immediately cease upon termination. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-10 of these Terms, as well as your liability for any unpaid costs, shall survive any termination.
12. Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
Governing Law. This Site (excluding any Third-Party websites) and these Terms shall be construed in accordance with the statutes and laws of the state of Florida, without regard to its conflicts of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal courts serving with respect to such matters controlled by said courts. Neither we nor you may waive any existing or future immunity from the jurisdiction of the above-named courts. Further, no legal proceeding regarding the Site or these Terms may be commenced in any other jurisdiction unless otherwise stated in these Terms or required by law.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to [NOTICIES EMAIL ADDRESS] if by email, or to our address at 20160 NW 9th Drive, Pembroke Pines, FL 33029 if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.
Equitable Remedies. You agree that your breach of these Terms may cause us irreparable harm. Accordingly, you agree that we may seek preliminary injunctions and/or temporary restraining orders without posting bond in the event that you breach these Terms.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, access or use for any commercial purposes any portion of this Site, or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, natural disasters, loss of or significant damage to infrastructure, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those enumerated above.
Severability. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.