Stray Whales, LLC (“(B)STRONG”) agrees to supply the (B)STRONG service (the “Service”) and equipment (“Equipment”) to be used with the (B)STRONG Mobile Application (“Mobile App”) for you, the customer, placing the order via (B)STRONG website (the “Customer”). By accessing this Website or by using the (B)STRONG Equipment, Mobile App or associated software (collectively, the “(B)STRONG System”), you agree to be bound by the Terms and Conditions of Use (the “Terms”) set forth below together with all applicable laws and regulations.
If you do not agree with any of these terms, you should not use or access this Website or the (B)STRONG System.
Money Back Guarantee. If and when B Strong advertises a money back guarantee, the terms of this guarantee cover a return for refund request within 30 days from the date of purchase. In order to be eligible for the return for refund, the product must be in like new condition, free of cosmetic defects or signs or wear and tear. The customer will cover the cost of shipping the product back to B Strong and will not be refunded the original shipping fee if one applied to the original order. For any further questions or assistance on our Money Back Guarantees email [email protected]
1. ORDERING AND CONFIRMATION.
2. INTELLECTUAL PROPERTY.
4. SALE OF EQUIPMENT.
5. DISCLAIMER OF WARRANTIES & LIABILITIES. The materials on this Website and the (B)STRONG Mobile App are provided on AS IS and AS AVAILABLE basis with NO WARRANTY of any kind.
(B)STRONG makes no warranties, express or implied, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, (B)STRONG does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any sites linked to this site. No advice or information obtained by you from (B)STRONG or through the Website shall create any warranty.
By accepting these Terms and Conditions of Use, you agree that the use of any element of the (B)STRONG System, the (B)STRONG website alone or in conjunction with the Service, Mobile App or Equipment, even if used as instructed is only offered suggestively and cannot result in any liability to (B)STRONG. For example, users given instructions as to the use of a (B)STRONG product or performance of a set of exercises remain liable for any damage or injury to themselves, others, or to the exercising environment.
6. LIMITATIONS ON DAMAGES. In no event shall (B)STRONG or its suppliers be liable for any loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials on (B)STRONG‘s Website, any element of the (B)STRONG System, or any reliance placed by you on the completeness, accuracy or existence of any advertising on our Website and/or the (B)STRONG Mobile App, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website and/or the (B)STRONG Mobile App, any permanent or temporary inaccessibility of the Website and/or the (B)STRONG Mobile App (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Website and/or the (B)STRONG Mobile App.
These limitations on (B)STRONG liability to you shall apply irrespective of whether (B)STRONG has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, (B)STRONG may only be liable for a sum equal to the fees paid by you for any (B)STRONG goods, services, Apps, or Equipment.
7. REVISIONS AND ERRATA. (B)STRONG does not warrant that any of the materials on its Website are accurate, complete, or current. (B)STRONG may make changes to the materials contained on its Website at any time without notice.
9. LICENSE TO (B)STRONG. By posting or submitting content to our Website or an official (B)STRONG social media page, you grant (B)STRONG a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute (through multiple tiers,) to digitally transmit, store, or perform, such contributed content, and to further sell, modify, create derivative works from or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.
11. PERSONAL USE OF MOBILE APP. You agree to make a personal use only of any (B)STRONG Mobile App uploaded and installed onto any computer, pad, portable device, or phone. You agree not to sell, gift, or discard any computer, pad, portable device or phone with the (B)STRONG Mobile App installed and to delete the (B)STRONG Mobile App before you lose ownership of any device on which you have installed or used the (B)STRONG Mobile App.