TERMS AND CONDITIONS
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.
1. ORDERING AND CONFIRMATION.
- To place the order, you agree to provide (B)STRONG your real name, address, e-mail address, payment details and other required information.
- You hereby warrant that the you are 18 years old and have, and are authorized to use, a valid payment method, such as a credit card or PayPal account.
- You understand and agree that placing an order constitutes an offer to license the Service and Mobile App and buy the Equipment, as listed in the order, under these Terms and Conditions. The order shall not be valid until it is accepted by (B)STRONG. (B)STRONG reserves the right to decline any orders as it sees fit in order to prevent any abnormal orders or orders not placed in good faith.
- After receiving and accepting your offer and the payment therefor, (B)STRONG will send you an order confirmation, with details regarding the Equipment and Service ordered, via e-mail.
2. INTELLECTUAL PROPERTY.
- Trademarks, Tradenames, etc. (B)STRONG, (B)STRONG INDIVIDUAL, (B)STRONG PROFESSIONAL, RELEASE THE POWER WITHIN, (B)STRONG BFR TRAINING, (B)STRONG Belts are trademarks of Stray Whales, LLC.
- The (B)STRONG System, and individual elements thereof, are protected by multiple US and International Patents, Design Patents, or Pending Patent Applications.
- All content included on the Website is the copyright property of Stray Whales, LLC. All content is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Stray Whales, LLC and protected by copyright laws. All software used on this site and in the Mobile App is the property of Stray Whales, LLC and is protected by United States and international copyright laws.
- No Transfer. Except as specifically provided herein, placing an order and utilizing the (B)STRONG System shall not grant you the Customer any rights or interest in the foregoing identified intellectual property. Any attempt to misappropriate, copy, decompile, recreate, or otherwise infringe upon the intellectual property rights described above will be prosecuted to the fullest extent of the law.
- If you believe any content or material herein infringes your copyright, you must give (B)STRONG a notice under the Digital Millennium Copyright Act by contacting our copyright agent at [email protected]
- Rights Granted. Upon accepting your offer, (B)STRONG agrees to:
- Provide you, the Customer, the Service and the Mobile App in accordance with these Terms and Conditions; and
- Grant to you a non-exclusive and non-transferable license to use the Service and the Mobile App initially for the fixed period agreed at the time of placing the order with an automatic renewal to continue the usage of the Service and the Mobile App thereafter upon these Terms and Conditions.
- The license code required for activation of the functionality of the Mobile App will be provided in conjunction with the purchase of the (B)STRONG System.
- In relation to the Service and the Mobile App the copyright, design right or other intellectual property rights associated therewith are owned by (B)STRONG:
- Nothing contained in these Terms and Conditions shall be construed as an assignment or transfer of any copyright, design right or other intellectual property rights in the Service or the Mobile App, all of which rights are reserved by (B)STRONG;
- Except as expressly permitted by these Terms and Conditions and save to the extent and in the circumstances expressly required to be permitted by law, the Customer shall not rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of Service or Mobile App or use, reproduce or deal in the Service or Mobile App or any part thereof in any way, or interface the Service with any other software. Any attempt to engage in any of the above described conduct will be prosecuted to the fullest extent of the law.
- The content accessed on this Website accessed via the (B)STRONG System, including training resources, are provided only for your personal use, general information and convenience. The content provided to users on either the (B)STRONG Website, the Mobile App, or on any of (B)STRONG official social media pages cannot be shared and this right of use can be revoked at will by (B)STRONG. Information contained herein can only be used, linked and shared according to allowed fair use doctrines.
- License Fee. The license fee for the Service and the Mobile App is for a fixed term, subscription for a period of one year with an automatic renewal annually thereafter. The license fee is payable simultaneously with the placing of the order for the (B)STRONG System. License fee includes VAT and other applicable taxes.
- The license shall terminate: (a) at the end of the initial fixed period automatically unless the Customer wishes to continue using the Service, in which case the Customer shall be provided with instructions on how to extend the license term; or (b) immediately if the Customer fails to abide by these Terms and Conditions.
4. SALE OF EQUIPMENT.
- Passing of Title. The legal ownership of any Equipment provided by (B)STRONG as part of the (B)STRONG System shall pass to you, the Customer, on payment in full and in cleared funds of the associated purchase price and any other sums which may then be due.
- Purchase Price. The price charged for the Equipment shall be the price in effect at the time of the order and will be verified in the order confirmation.
- Prices for the Equipment include VAT and other applicable taxes, but do not include the charges for postage and packing which must be paid at the same time. Postage, packing and related VAT and other taxes are shown in the order confirmation.
- Overseas Ordering. When ordering overseas, you may be subject to import duties and taxes. You further agree to bear any additional charges for customs clearance.
- (B)STRONG aims to ship the Equipment within 5 business days from the order confirmation. Delivery times may vary depending on the delivery service used, Customer’s location, volume of the order, and other reasons not attributable to (B)STRONG. Therefore, any delivery dates shall be non-binding best estimates, and (B)STRONG shall not be held liable in any way for shipping delays or failure to meet delivery estimates.
- Risk of Loss. Risk of loss of Equipment shall pass to you, the Customer, upon delivery of Equipment to shipper or courier OR delivery to the Customer.
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.