TERMS AND CONDITIONS OF USE
Please refer to these terms and conditions of use since they contain and provide important information about your rights, obligations, limitations, and possible exclusions that might be applicable to you during navigating and buying products or services from our website.
PROTOCOL10 FITNESS, LLC (“PROTOCOL10”) is a gym, personal training, and manufacturing and distribution company that specializes in athletic apparel.
By accessing or using our website at www.p10gym.com, or p10nation.com (the “Website”), you signify that you have read, understood and agree to be bound by these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree, you must stop using the Website immediately. We reserve the right to change, modify, add, or delete any portions of these Terms and Conditions at any time without further notice, at our sole discretion. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions and to review such changes. If you do not agree to abide by these, or any future Terms and Conditions, do not use or access, or continue to use or access, the Website.
Website Content and Intellectual Property:
You acknowledge that this Website contains information, data, data compilations, software, photographs, typefaces, text, graphics, sounds, images, and other material (collectively, the “Content”), and including, but not limited to, the selection, structure, design, expression, “look and feel” and arrangement of the Content on the Website, that are the proprietary information of PROTOCOL10 or other third parties and that such Content may be protected by United States and/or international copyright laws. All Content and the selection, coordination, arrangement, and enhancement of such Content is proprietary to PROTOCOL10. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Further, you agree not to upload, post, reproduce, or distribute in any way any Content, without obtaining the prior written consent of PROTOCOL10.
PROTOCOL10’s name and logo, the Content, the Website, our graphics, page headers, button icons, scripts, and service names are the property of PROTOCOL10, and may not be used in connection with any product or service that is not PROTOCOL10’s, or in any manner that is likely to cause confusion amongst consumers, or disparage or discredit PROTOCOL10. All trademarks, logos or other intellectual properties displayed on the Website not owned by PROTOCOL10 are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PROTOCOL10, and may not be used without permission of their respective owners.
Third Party Trademarks:
PROTOCOL10 disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. All other trademarks that appear on this Website are the property of their respective owners, who are not affiliated with, connected to, or sponsored by us or our affiliates. You agree not to display or use such marks in any way, without obtaining permission of the owner of the trademark.
Use Rights:
You have permission to view, electronically copy and print hard copies of pages from this Website solely for personal, non-commercial purposes related to placing an order or shopping with PROTOCOL10. Except as expressly stated in these Terms and Conditions, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, modify or otherwise exploit any images, photographs and/or any other variation of pictorial form on this Website. In the absence of an express, written permission in advance, any other use of this Website, its content and its information, including linking or framing to this Website, is strictly prohibited.
Errors and Inaccuracies:
While our goal is to provide complete, accurate, up-to-date information on our Website, it is not possible to ensure that any website is completely free of human or technological errors. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. This Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice, including inaccurate or erroneous prices. In the event of a pricing error discovered after an order has already been placed, we will notify you of the error and we will do our best to work with you to reach a mutually acceptable solution. We do, however, reserve the right to cancel the order and notify you of such cancellation. You also have the right to cancel the order in the event of a pricing error. If the order is cancelled by us, then you may replace the order at the corrected price. We sincerely apologize for any inconvenience this may cause.
Disclaimer of Liability:
Unless expressly stated in the warranty policy of the Website, PROTOCOL10 makes no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it. You expressly understand and agree that your use of the Website it at your sole risk and that the Website is provided on an “AS IS” basis and “as available” basis.
Unless expressly stated in the warranty policy of the Website, PROTOCOL10 disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any direct, indirect, incidental, special, consequential, punitive or other damages that result from the use of or inability to use the Website, including, but not limited to, reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to PROTOCOL10 records, programs or services. This limitation of liability applies whether in an action of contract, negligence, or other tortious action, strict product liability or otherwise, as well as damages for lost profits, business interruption or the loss of data or information, even if an authorized representative of PROTOCOL10 has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Website.
No advice or information, whether oral or written, obtained by you from PROTOCOL10, or through, or from, the Website shall create any warranty not expressly stated in the warranty policy of the Website or in these Terms and Conditions.
Indemnity:
You agree to indemnify, defend and hold harmless PROTOCOL10 and its affiliates from any claim, demand, loss, liability or expense (including reasonable attorneys’ fees and court costs), arising from or related to your breach of these Terms and Conditions, any other terms or policies of the Website, and/or your violation of any law or the rights of any third party.
Applicable Law:
By visiting or using the Website, you agree that the internal substantive laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PROTOCOL10, or any of our affiliates, clients, or other partners and their respective directors, officers and employees. You consent and agree that the sole venue and jurisdiction for any dispute arising from the use of the Website and/or under these Terms and Conditions shall be the appropriate state or federal court located in Cook County, Illinois and you consent to submit to the jurisdiction of such court, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses available to you.
Privacy Policy:
PROTOCOL10 values your patronage and respects your privacy rights. Because we understand that you are concerned about your privacy, we have instituted policies intended to ensure that your personal information is handled safely and responsibly. As a policy, we do not sell, trade or rent your personally identifiable information to third parties. Please see the “Privacy Policy” located on this Website for a full description of the privacy policy. .
Information Collection:
Generally, you can browse our Website without providing us with any personally identifiable information about yourself, such as your name, address, e-mail address, phone number, or other personal information. When you voluntarily submit your personally identifiable information to us by making a purchase from PROTOCOL10, you are giving us your consent to the collection, use and disclosure of your personally identifiable information, and you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization. We may also disclose information when you tell us to do so, to identify or contact you, to protect your rights or the rights of PROTOCOL10 or as required by law.
Your Account (some portions of the Website require account registration and/or activation):
You agree that any information you provide in connection with your request for an account, or in connection with a purchase or other transaction on the Website or otherwise with PROTOCOL10, shall be true, accurate, current and complete. You are responsible for keeping your account information current. PROTOCOL10 reserves the right to suspend or terminate your account, and/or refuse any access or use of the Website (or any portion thereof), if you provide any untrue, inaccurate, not current or incomplete information, if such information becomes so at any time, or if PROTOCOL10 has reasonable grounds to believe as much. You are responsible for maintaining the confidentiality of your account and log-in credentials, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account and credentials. You agree to notify PROTOCOL10 immediately of any unauthorized use, or breach of the security, of your account or log-in credentials. PROTOCOL10 reserves the right to refuse service, terminate or suspend access to the Website and/or accounts (or any portion thereof), at any time in its sole discretion. BY ACTIVATING AN ACCOUNT ON THIS WEBSITE, YOU HEREBY CONSENT AND AGREE TO THESE TERMS AND CONDITIONS AND TO THE PRIVACY POLICY SET FORTH ON THIS WEBSITE.
Orders for Products or Services:
PROTOCOL10 may make certain products or services available to registrants and/or visitors of the Website. You may only order products or services if, and you hereby represent that you are entitled to enter into agreements legally binding upon you, and in accordance with the “Use By Children Under 18” section below. You agree to pay, in full, the prices for any purchases you make on, by or through the Website, in accordance with PROTOCOL10’s payment options, international orders, shipping within USA, and international shipments policies. If any credit or debit card payment is not received from your credit or debit card issuer, or its agents, you agree to pay all amounts due upon demand by PROTOCOL10. You agree to pay all applicable taxes and/or duties on or in connection with your order. Without limitation of any of PROTOCOL10’s other rights, PROTOCOL10 may, in its sole discretion, limit or cancel quantities per order, person, account household or otherwise; and reserves the right to limit or cancel orders that appear to be placed by dealers, resellers or distributors.
Electronic Communications:
When you visit the Website or communicate with us electronically by sending e-mails, you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Cookies & Data Collection Devices:
In some instances, PROTOCOL10 may collect non-personal data through cookies, web logs, and other monitoring technologies. A cookie is an element of data that frequently contains an anonymous unique identifier. Such data is sent from the Website to your browser, which may then store it on your system for future use. Our Website uses cookies to maintain information for your shopping cart and to facilitate your shopping experience so that you will not need to continually re-add items to your shopping cart during the same browser session.
Log Files:
When you visit this Website, our web server automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our Website design, product assortments, customer service, and special promotions.
Use By Children Under 18:
Because we cannot prohibit minors from visiting the Website, we must rely on parents, guardians and those responsible for supervising children under 18 years of age to decide which materials are appropriate for such children to view and/or purchase.
We require that all purchases be made either; (i) by individuals 18 years of age or older, or (ii) by minors with the permission of their parent or guardian for such minors to purchase items on the Website and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT OR SERVICE AT THE WEBSITE, YOU ARE REPRESENTING TO PROTOCOL10 THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR THAT YOU HAVE THE EXPRESS PERMISSION OF A PARENT OR GUARDIAN FOR YOU TO MAKE PURCHASES AND FOR US TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
User Generated Content; Testimonials:
Certain portions of the Website may permit visitors to publicly post or provide content to or on the Website (the “User Content”) (e.g., testimonials). Unless otherwise indicated, PROTOCOL10 does not claim ownership of any User Content. However, you agree that by submitting, transmitting, uploading, posting or otherwise making available any User Content, you hereby: (a) grant to PROTOCOL10 a worldwide, perpetual, non-exclusive, royalty-free, transferable and sub-licensable right, license and permission to use, copy, display, perform or exploit in any manner such User Content; and (b) represent and warrant that: (i) you own all rights in and to your User Content, or have acquired all rights, clearances and permissions necessary to enable you to grant to PROTOCOL10 the rights granted in these Terms and Conditions, (ii) you have paid and will pay in full all license fees, clearance fees, or any other financial obligations of any kind, arising from any use or exploitation of your User Content, (iii) your User Content does not infringe upon the rights (including, but not limited to, intellectual property rights, privacy rights, and publicity rights), or defame or disparage any third party, or third party product or service, (iv) your User Content is not offensive, indecent, profane, threatening, abusive, harassing, discriminatory or hateful, and does not constitute or encourage any criminal offense, (iv) your User Content shall not impersonate others, provide any false information, contain any advertisements or solicitations, promote any product or service competitive with PROTOCOL10, and (v) your User Content complies with these Terms and Conditions. You acknowledge and agree that you have no expectation of compensation or confidentiality with respect to any User Content, and that PROTOCOL10 (or its designees or successors) shall have the right to use, modify, edit User Content (or refrain from any of the foregoing) at any time and for any reason, alone or together with other materials, in their sole discretion. PROTOCOL10 reserves the right, but does not have an obligation, to monitor and/or review User Content. PROTOCOL10 does not endorse or control the User Content transmitted or posted on the Website; thus, PROTOCOL10 is not responsible for User Content and does not guarantee the accuracy, integrity, or quality of User Content, which may not reflect the views of PROTOCOL10. PROTOCOL10 shall not be liable in any manner for any User Content, including, without limitation, for any errors or omissions, or for any loss, damage or injury of any kind arising from or related to any User Content.
Third Party Content:
The Website may contain; (a) links to other websites not maintained by PROTOCOL10 or (b) information about products or services of third parties. PROTOCOL10 does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by PROTOCOL10 of such third party. We encourage you when you leave our Website and to read the terms and conditions of each and every website that you visit.
General Information:
These Terms and Conditions constitute the entire agreement and understanding between you and PROTOCOL10 regarding the use of the Website, and supersede all prior or contemporaneous communications, offers or agreements, whether oral or written, between you and PROTOCOL10 relating to your use of the Website. The failure of PROTOCOL10 to exercise or enforce any right(s) or provision(s) of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance.
Severability:
If any provision of these Terms and Conditions is held invalid, the remaining provisions shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.