Agreement between user and www.customwellnesssolutions.com
Welcome to www.customwellnesssolutions.com. The www.customwellnesssolutions.com website (the “Site”) is comprised of various web pages operated by Custom Wellness Solutions (“CWS”). www.customwellnesssolutions.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.customwellnesssolutions.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.customwellnesssolutions.com is a E-commerce Site that sells health supplements, custom supplements, and brand merchandise such as athletic wear, gym accessories, etc.
Visiting www.customwellnesssolutions.com or sending emails to CWS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CWS is not responsible for third party access to your account that results from theft or misappropriation of your account. CWS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CWS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.customwellnesssolutions.com only with permission of a parent or guardian.
Return & Exchange/Refund Policy
ALL SALES ARE FINAL. NO RETURNS/EXCHANGES ON “SPECIAL DEALS/CLEARANCE” ITEMS. NO RETURNS/EXCHANGES ON ITEMS THAT WERE PREVIOUSLY EXCHANGED.
Items that have been damaged due to a manufacturing defect can be returned/exchanged within 10 days of receiving item. We deal with returns on a per customer basis so please contact us in regards to this matter.
Custom Wellness Solutions is NOT responsible for stolen or lost packages, packages sent to the wrong address, or for refunding or replacing packages in these cases. The customer is responsible for filing all claims. Custom Wellness Solutions is not responsible for any package(s) once it is in the hands of USPS, FedEx, and/or UPS.
WARNING: LFG Beast Bands Resistance Bands are made with high quality layered natural latex. All Products have the potential for damage or premature wear. Serious or fatal injury can occur. Exercise and nutrition programs of any kind can present danger to the participant at any time. Consult your doctor before beginning any exercise program. All LFG Beast Bands Resistance Bands equipment is intended to be used with correct form. Anyone under the age of 18 should be supervised by an adult. Always read warnings and instructions before use. Use proper techniques and common sense when exercising. Check equipment thoroughly before each workout for any signs of damage or defects; discontinue use immediately if any is found.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS
Please Read Carefully
By using the Products (as defined herein) you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident should one occur.
ACCEPTANCE OF TERMS THROUGH USE
By using the LFG Beast Bands Resistance Bands or any related products, programs, information, website, e-books, etc. (the “Products”), you acknowledge and agree to all terms, conditions and notices contained or referenced herein (the “Terms”). Custom Wellness Solutions reserves the right to change these Terms, and your continued use of the Products constitutes your agreement to all such changes. Please check the Terms periodically for changes.
USE OF THE PRODUCTS
In consideration of the use of the Products you agree as follows:
You represent that as of the date of your acceptance of these Terms you are 18 years of age or older, and you have not made any representations with respect to your physical health or suitability to commence a fitness or nutrition program or use the Products. Anyone under the age of 18 should be supervised by an adult. You acknowledge and agree that: use of the Products is not a replacement for cardiovascular training or proper diet, the testimonials included with or referred to in the Products may include the testimonials of those who utilized other cardiovascular exercise to achieve their reported results, results will vary and any weight loss realized through use of the Product may be temporary; the Products must be properly cared for which care includes but not limited to the following: (i) not allowing the Products to be stored in direct heat, cold, sunlight, the outdoors or in a stretched position; (ii) not allowing the Products to come in contact with sharp edges, chemicals or cleaning agents other than warm water and mild soap; and (iii) not allowing the Products to be overstretched, for example but not limited to and should never be stretched more than twice its original length; use of the Products must be done in compliance with all safety information provided or available from LFG Beast Bands Resistance Bands including but not limited to the following: (i) LFG Beast Bands Resistance Bands and the related Products must never be wrapped around your or another’s neck, wrists, legs or any other body part; (ii) the use with any door or anchor attachments must only be used on the hinged side of a locking door while said door is locked and unable to be opened unexpectedly; (iii) the LFG Beast Bands Resistance Bands must not be attached to one’s foot or any other movable object; (iv) the LFG Beast Bands Resistance Bands will eventually wear out over an extended period of time and prior to each and every use of the Products you must examine the Products for any cracking, cuts, tears or other wear and tear and if any of the same is discovered the Products must not be used; (v) the Products may contain latex and are not suitable for those with latex allergies; (vi) before each and every use of the Products you should warm up; (vii) always wear safety glasses or safety goggles for protection while exercising with bands; (viii) always use proper footwear when looping bands over the foot, which proper footwear does not include flat soled shoes that may allow the band to slip off the foot, but use running shoes or shoes that have rubber tread soled for band safety; and (ix) you should consult your doctor before using the Products or commencing any fitness or nutrition program; and your use of the Products is done at your own risk.
ASSUMPTION OF RISKS
You acknowledge that the use of the Products involves certain risks, dangers, allergens, and hazards including but not limited to serious bodily injury and death, and that injuries are a common occurrence during resistance training and other fitness and nutrition programs.
You freely accept and fully assume all risks, dangers, allergens, and hazards associated with the use of the Products.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS
In consideration of the use of the Products, you hereby agree as follows:
Links to third party sites/Third party services
www.customwellnesssolutions.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CWS and CWS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CWS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CWS of the site or any association with its operators.
Certain services made available via www.customwellnesssolutions.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.customwellnesssolutions.com domain, you hereby acknowledge and consent that CWS may share such information and data with any third party with whom CWS has a contractual relationship to provide the requested product, service or functionality on behalf of www.customwellnesssolutions.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CWS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CWS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CWS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CWS or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by CWS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CWS Content accessed through www.customwellnesssolutions.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless CWS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CWS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CWS in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CUSTOM WELLNESS SOLUTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CUSTOM WELLNESS SOLUTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CUSTOM WELLNESS SOLUTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
To waive any and all claims that you have or may in the future have against Custom Wellness Solutions and its subsidiaries, and their directors, officers, employees, agents, representatives, successors, ambassadors, affiliates, and assigns (collectively, the “Releasees”) and to release the Releasees from any and all liability for any damage, expense, or injury including death that you may suffer, or that your next of kin may suffer, resulting from or arising out of any aspect of your use of the Products, due to any cause whatsoever, including negligence, breach of contract or breach of statutory duty of care, or in respect of the provision or failure to provide any warnings, directions or instructions as to the use of the Products or the risks, dangers, allergens, and hazards of using the Products; these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity; and these Terms and any rights, duties and obligations as between the parties to these Terms shall be governed by and interpreted solely in accordance with the laws of the United States of America and no other jurisdiction and any litigation involving the parties to this Release Agreement shall be brought solely within the United States of America and shall be within the exclusive jurisdiction of the Courts of the United States of America.
CWS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CWS as a result of this agreement or use of the Site. CWS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CWS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CWS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CWS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CWS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
CWS reserves the right, in its sole discretion, to change the Terms under which www.customwellnesssolutions.com is offered. The most current version of the Terms will supersede all previous versions. CWS encourages you to periodically review the Terms to stay informed of our updates.