Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with, and be bound by, the following terms of use. If you do not agree to these terms and conditions, you should not register nor purchase products from this site.

YOU MUST BE 18 YEARS OLD OR OLDER TO REGISTER WITH, AND MAKE PURCHASES FROM, THIS SITE.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary rights, including but not limited to intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Fraud. By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of Use of this Site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of Use have been violated, or other abuses have occurred as determined by US GYM PRODUCTS in its sole discretion. If membership has been revoked, US GYM PRODUCTS reserves the right to refuse application or readmission to the membership program.

4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use, but not for resale or redistribution.

5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.

7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site use by you and all information provided by you in any manner consistent with our Privacy Policy.

11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

12. Payments. You represent and warrant that if you are purchasing something from this Site that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

13. All Sales Final; No Returns; No Cancellations. ALL SALES ARE FINAL. Due to the nature of our online site and the products listed, US GYM PRODUCTS maintains a strict NO RETURN policy for any product. No product may be returned for a like item, store credit, or cash refund. Once an order is placed, it cannot be canceled, modified, or refunded for any reason, including but not limited to buyer’s remorse, incorrect selection, delays in shipping, delays in manufacturing, or product availability changes. By completing a purchase, you acknowledge that you have reviewed your order in full and accept full responsibility for the transaction. US GYM PRODUCTS reserves the sole right, at its discretion, to approve or deny any exception. Any exception granted does not constitute a waiver of this policy for any past, present, or future transaction.

14. Chargebacks and Payment Disputes. You agree not to initiate any chargeback, reversal, or payment dispute with your credit card company, bank, or payment processor without first contacting US GYM PRODUCTS and providing a reasonable opportunity to resolve the matter directly. Any unauthorized or improper chargeback or payment dispute may result in cancellation of your account, collections activity, and legal action. You agree to reimburse US GYM PRODUCTS for any fees, costs, expenses, and attorneys’ fees incurred as a result of any improper chargeback or payment dispute.

15. Shipping, Delivery, Inspection, and Risk of Loss. All shipping and delivery dates provided by US GYM PRODUCTS are estimates only and are not guaranteed. Once an order has been shipped or tendered to the carrier, risk of loss and title transfer to the customer to the fullest extent permitted by law. US GYM PRODUCTS is not responsible for shipping delays, transit damage, lost shipments, carrier errors, or delivery failures occurring after the order leaves our possession. Customers must inspect all deliveries immediately upon receipt. Any visible damage, shortage, or delivery issue must be noted with the carrier at the time of delivery and reported to US GYM PRODUCTS promptly. Failure to note damage or shortage at delivery may result in denial of any related claim. Refused shipments, missed delivery appointments, re-delivery fees, storage charges, liftgate fees, limited access charges, address correction charges, or other carrier-related charges shall be the sole responsibility of the customer.

16. Lead Times and Availability. Product availability, manufacturing schedules, and lead times are estimates only and may change without notice due to manufacturing constraints, supply chain disruptions, raw material shortages, labor shortages, carrier issues, or other conditions beyond our control. Delays in production, fulfillment, or delivery do not constitute grounds for cancellation, refund, return, chargeback, or damages of any kind.

17. Pricing Errors and Corrections. While we strive to ensure all pricing, specifications, freight quotes, and product descriptions are accurate, US GYM PRODUCTS reserves the right to correct any pricing error, typographical error, image error, inventory error, freight miscalculation, or product description error at any time without notice. We reserve the right to refuse or cancel any order placed for a product listed at an incorrect price or with incorrect information, whether or not the order has been confirmed and whether or not payment has been processed. If payment has already been processed for an order that is canceled under this section, our sole obligation shall be to issue a refund of the amount actually paid.

18. Product Warranties. Products sold by US GYM PRODUCTS may be subject to manufacturer warranties where applicable. Unless expressly stated otherwise in writing, US GYM PRODUCTS does not provide any separate or additional warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. Any warranty claim relating to a manufacturer warranty must be handled in accordance with the manufacturer’s warranty terms, procedures, and limitations.

19. Force Majeure. US GYM PRODUCTS shall not be liable for any delay, failure in performance, or inability to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, flood, fire, earthquake, severe weather, war, terrorism, governmental action, embargo, labor dispute, strike, supply chain interruption, raw material shortage, epidemic, pandemic, carrier delay, utility interruption, cyberattack, systems failure, or transportation disruption.

20. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF AND FOR THE COUNTY OF CLARK, NEVADA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT CLARK COUNTY, NEVADA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.

This Site is created and controlled by US GYM PRODUCTS in the State of Nevada, USA. As such, the laws of Nevada will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

21. Verification of Information. US GYM PRODUCTS reserves the right to contact site registrants via email, phone, or other reasonable means to verify the accuracy of account information, including Registrant’s correct name, billing address, shipping address, and other account details.

22. Electronic Acceptance of Terms. By using this Site, creating an account, placing an order, or otherwise completing a transaction through the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. Electronic acceptance of these Terms and Conditions shall have the same force and effect as a signed written agreement to the fullest extent permitted by law.

23. Summary of Updates to These Terms. The following areas were updated or added to strengthen these Terms and Conditions: (i) the original return policy was expanded into a stronger all sales final, no returns, no cancellations provision; (ii) language was added to address chargebacks and payment disputes; (iii) shipping, delivery, inspection requirements, carrier issues, refused shipments, and risk of loss were added; (iv) lead time and product availability language was added to make clear that delays do not create refund or cancellation rights; (v) pricing error and correction protections were added; (vi) manufacturer warranty language and disclaimer of additional warranties were added; (vii) a force majeure section was added to cover events outside of your control; (viii) verification language was expanded beyond email to support broader order and account verification; and (ix) electronic acceptance language was added so checkout and site use are more clearly tied to agreement with these Terms.