Date of Last Revision: December 6, 2018
These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase with us.
X Training reserves the right to change or modify these Terms at any time and in our sole discretion. If X Training makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the Sites, please email us at [email protected].
Part One - Terms for All Site Users
2. Eligibility, Registration and Account
By using the Sites, you represent and warrant that you are 18 years of age or older or visiting the Site under the supervision of a parent or guardian. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify X Training if you discover or otherwise suspect any security breaches related to the Sites.
3. Ownership of Site Content
Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the X Training logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of X Training or our affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of X Training, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.
"X Training Equipment," the X Training logo and other X Training product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of X Training and our affiliates or subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of X Training or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by X Training.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray X Training or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an X Training logo or other proprietary graphic of X Training to link to the Sites without the express written permission of X Training. Further, you may not use, frame or utilize framing techniques to enclose any X Training trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without X Training’s express written consent.
X Training makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of X Training and X Training provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by X Training of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
6. User Content and Interactive Features or Areas
The Sites may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to X Training or any user or consumer or that is contrary to any instructions or warnings relating to the;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- User Content that, in the sole judgment of X Training, restricts or inhibits any other person from using or enjoying the Sites or which may expose X Training or our users to any harm or liability of any type.
Although X Training has no obligation to screen, edit or monitor any of the User Content posted on the Sites, X Training reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.
7. Rights in User Content
Except as otherwise provided herein, on the Sites or in a separate agreement with us, X Training claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant X Training and our subsidiaries and affiliates a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of the Sites the right to access your User Content in connection with their use of the Sites. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to X Training that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, any other applicable X Training terms, guidelines or policies or any applicable law, rule or regulation.
8. Product Reviews
Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Sites, X Training and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become the sole property of X Training. X Training shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
10. User Conduct
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Sites. You also agree that you will not not:
- Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Use or attempt to use another's account without authorization from X Training;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and our Sites;
- Interfere with or damage the operation of the Sites or introduce to the Sites or its users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
- "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
X Training has no obligation to monitor any user conduct on the Sites, and X Training reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.
11. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless X Training and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with X Training, the " X Training Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify the X Training Parties of any third-party Claims, cooperate with the X Training Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the X Training Parties shall have control of the defense or settlement of any third-party Claims.
Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. X TRAINING DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. X Training does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. X Training does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.
The Site Content, including, but not limited to, X Training videos and "Expert Advice,” is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment by the wide variety of circumstances that can be encountered during exercise and fitness participation. The information is not a substitute for in-person guidance by a qualified instructor.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE X TRAINING PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE COMPLETE SITE, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE COMPLETE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AN X TRAINING PARTY'S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE X TRAINING PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO X TRAINING FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE THE X TRAINING PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
15. Modifications to Site
X Training reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.
16. Applicable Law and Venue
THESE TERMS AND YOUR USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF FLORIDA, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN DUVAL COUNTY, FLORIDA AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Sites and providing X Training with a notice of termination. X Training reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Part Two – Terms for Users Making Purchases
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.
1. Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping, duty, and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Sites are also available in X Training retail stores while supplies last, but you should not assume that what you see on the Sites can always be seen in our stores. Prices displayed on the Sites may vary from those in the store or from store-advertised prices.
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
3. Out-of-Stock Items; Backorders
Note that some items may be backordered or unavailable even if the Sites indicate that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.
4. Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
5. Shipping & Handling; No Export by You
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
6. Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
7. Returns and Exchanges
General returns information and instructions can be found here.
8. Complaints and Legal Notices
All complaints and legal notices should be mailed to X Training, Attn: Legal Department, 4266 Eldridge Loop, Orange Park, FL 32073.
9. X Training-branded Products Limited Warranty; No Warranty on Used or Clearance Gear
X Training warrants to the original purchaser that new X Training branded products will be free from defects in materials and workmanship at the time of purchase or for the period listed in our returns and warranty policy, if longer. This warranty does not cover damage or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, insufficient or improper maintenance, misuse, vandalism, acts of God, or other causes external to the product. All Used Gear and Clearance products, whether X Training branded or not, are sold AS-IS, WITH ALL FAULTS.
X Training makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade. COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS EXCEPT FOR THAT PROVIDED IN THIS SECTION 9, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Products manufactured by a third party ("Third-Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, X Training branded products. Manufacturers of non-X Training branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers. For the avoidance of doubt, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Products eligible for warranty return may be returned or service fees refunded in accordance with our returns and warranty policy.
This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.
10. Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and X Training’s sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under the applicable X Training returns and warranty policies. IN NO EVENT SHALL THE X TRAINING PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE X TRAINING PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.