Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please do
not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other
copyright laws, and is the property of Endless Rope The collective work
includes works that are licensed to Endless Rope Copyright 2011 , Endless
Rope ALL RIGHTS RESERVED. Permission is granted to electronically copy
and print hard copy portions of this site for the sole purpose of placing an
order with Endless Rope. or purchasing Endless Rope products. You may display
and, subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with Endless Rope. or to purchase Endless Rope products. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by Endless Rope. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Endless Rope used in the site
are trademarks or registered trademarks of Endless Rope.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Endless Rope disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Endless Rope does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Endless Rope does
not make any warranties or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
Limitation of Liability
Endless Rope. shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if Endless Rope has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Endless Rope product is mistakenly listed at an incorrect
price, Endless Rope reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Endless Rope reserves the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, Endless Rope shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Endless Rope without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Endless Rope may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to
Endless Rope.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Texas, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of Endless Rope shall be in the state or federal courts located
in Los Angeles County, California. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of Endless
Rope products) must be commenced within one (1) year after the claim or cause
of action arises. Endless Rope failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. Endless Rope may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Endless Rope or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Endless Rope does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, Endless Rope. is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the site. However, Endless Rope reserves the right to
block or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to Endless Rope in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Endless Rope, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Endless Rope may link
to sites operated by third parties. However, even if the third party is
affiliated with Endless Rope, Endless Rope has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Endless Rope. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Endless Rope seeks
to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
Terms
Of Use
In
order to use the services provided under this web site to purchase product from
Endless Rope, LLC, you must: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form and payment
authorization form and (b) maintain and promptly update such registration and
payment authorization information to keep it true, accurate, current and
complete.
Acceptance
Of Terms
Endless
Rope, LLC sells its products to you subject to the following terms and
conditions, which may be updated by us from time to time without prior notice
to you. By accessing, browsing, and/or using the services in this web site, you
acknowledge and represent that you have read and understood these terms and
conditions and that you and your company agree to be bound by them and comply
with all applicable laws and regulations, including those of Texas and the
United States.
Terms & Conditions
This Purchase and Sale Agreement (Agreement") is between
the purchaser identified in the name and e-mail address ("Customer")
and Endless Rope ("Endless Rope").
1. Equipment
The term Equipment means the following reconditioned exercise
and related equipment sold by Endless Rope to Customer:
2. Price & Payment
a. Customer shall pay Endless Rope the sum of money described in the checkout
cart, for the Equipment ("Contract Price") by bank certified check,
cash or credit card.
b. Customer shall pay the Contract Price to Endless Rope as follows: The total
Contract Price upon execution of this Agreement.
3. Warranties
a. "As Is" Sale. The Equipment is sold "as
is" and "where is," without any express or implied warranties,
except that the Equipment is free and clear of any liens or encumbrances.
Endless Rope MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING
THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS
FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Endless Rope BE LIABLE TO
CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE OR INABILITY
TO USE THE EQUIPMENT.
CUSTOMER'S SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY
SHALL BE REPLACEMENT OF THE ALLEGEDLY DEFECTIVE PART. EXCEPT AS SET OUT IN THIS
PARAGRAPH
4. Cost & Freight, Shipping & Insurance
The Equipment is sold on a "Cost & Freight" basis,
and Endless Rope will arrange shipment. Endless Rope shall not be liable or
responsible for any damages that may occur to the Equipment after it has been
shipped from Endless Rope's premises. Customer shall be responsible for
procuring its own insurance on the Equipment from the date and point of
shipment from Endless Rope's premises.
5. Delivery
Endless Rope does not guarantee delivery by a specific date, and
Customer acknowledges that any proposed date provided by Endless Rope shall
only be an estimated date. In no way is this a "time is of the
essence" clause; nevertheless, Endless Rope will use its best efforts to
deliver the Equipment to Customer by the proposed date or as soon as possible
thereafter. If delivery becomes impossible or is delayed for more than 30 days
from the proposed delivery date, Endless Rope will at Customer's request
provide Customer with a full refund of any money paid to it by Customer for the
Equipment. ALL Items ship via Unishippers.com freight line. Once an item ships
from a warehouse delivery time is typically 2 to 7 business days to any address
in USA.
6. Inspection
Customer agrees to inspect the Equipment prior to shipment. If
Customer fails to do so, it shall be prima facie evidence that the Equipment
was in good working order and without any damage at shipment.
7. Default on payment & liquidated damages
If Customer fails to pay for the Equipment as set out hereunder,
Endless Rope shall give Customer 7 days written notice to cure. If Customer
fails to cure within that time, Endless Rope may immediately terminate this
Agreement. Since it would be extremely difficult and impractical to assess
actual damages suffered by Endless Rope if Customer fails to pay for the
Equipment and fails to cure as set out above, Customer agrees Endless Rope
shall be entitled to retain any Down payment as liquidated damages.
8. Returns & Cost
If for any reason the Equipment is returned to Endless Rope,
Customer agrees to pay Endless Rope (a) restocking fee of 25% of the sales
price of the specific item, and (b) all shipping charges, including return
shipping costs. Customer also agrees that if Endless Rope is charged for any
non-qualification or related credit card fee on any credit card payment or
transaction by Customer relating to the Equipment, Endless Rope may immediately
charge or debit Customer's credit card in that amount. Customer has up to 24
hours to request a refund from time of purchase with 25% restocking fee.
Any cancellation made after product ships or refusal of a product for any
reasons including damaged is subject to a 25% cancellation & restocking
fee. You will be responsible for shipping costs both ways. This applies to the
actual shipping costs. There are NO REFUNDS for any shipping expenses. IF ITEM
IS DAMAGED, YOU MUST ACCEPT THE DELIVERY AND NOTE IT ON THE FREIGHT BILL FOR
INSURANCE CLAIMS. THIS WILL ALLOW GIVING US THE OPPORTUNITY TO HELP YOU
REPAIR/REPLACE THE DAMAGED PRODUCT AT YOUR LOCATION AND TO AVOID YOUR RETURN
FEES. If the product is returned to us, it must be in the same condition
received along with packing material. If it is not is same condition, you may
be charged for services to replace it in original condition.
9. Liability Disclaimer
Except as set out in Paragraph 3, neither the limed warranty,
nor language contained in any manual which is or may be provided in connection
with or relating to the Equipment, shall be construed as an admission of fault
or acceptance of liability by Endless Rope in the event any mechanical or other
defect results in any injury to property or person.
10. Use of equipment; Indemnity
Endless Rope has no control over Customer's use or operation of
the Equipment; Customer therefore assumes all responsibilities and risks
associated with the Equipment's use and operation. Customer agrees to indemnify
and hold Endless Rope harmless from any claims, losses, damages or injuries
(including court costs and attorney's fees) arising out of or associated with
the sale, as well as Customer's or any third party's use or inability to use
the Equipment.
11. Notice
For any notice to be given by one party to the other under this
Agreement, it shall be in writing to the address listed above (or any subsequent
address provided) and effective immediately on personal delivery or fax, or the
next business day if sent by express mail, or three days after deposit with the
US Postal Service, postage prepaid. Endless Rope reserves the right to deny any
notice, as it deems at its discretion.
12.
Refurbishing/Remanufacturing disclaimer
a. Items that are power coated and/or painted
may not reflect images depicted in stock photos
b. Bike seat may be replaced with a newer
style/different model
c. Treadmill belt may not have manufacturer
logo
d. Strength pieces with selectorized weight
stacks may have an OEM/different style safety pin.
13. General Terms
a. All sales are final upon receipt of the Contract Price.
b. The parties warrant and represent that any corporate officer
signing below is fully authorized to do so.
c. This Agreement is binding on the parties, their successors,
representatives and assigns, and it may only be modified in a writing signed by
both parities. It constitutes the entire agreement between Customer and Endless
Rope, and it supersedes all prior oral or written representations or agreements
that may have been made by either party.
d. No waiver of full performance by either party may be construed
or operate as a waiver of any present or future default or breach of any
provisions of this Agreement. If any provision is held to be invalid or
unenforceable, it shall not affect the remaining provisions, which will remain
in full force and effect.
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this site agree that access to and use of this site are
subject to the following terms and conditions and other applicable law. If you
do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Endless Rope Machine. The
collective work includes works that are licensed to Endless Rope Machine.
Copyright 2003, Endless Rope Machine ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Endless Rope Machine or purchasing
Endless Rope Machine products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with Endless Rope Machine or
to purchase Endless Rope Machine products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by
Endless Rope Machine. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Endless Rope Machine used in
the site are trademarks or registered trademarks of Endless Rope Machine
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Endless Rope Machine
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Endless Rope Machine does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Endless Rope Machine
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Endless Rope Machine shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Endless Rope Machine has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Endless Rope Machine product is mistakenly listed at an
incorrect price, Endless Rope Machine reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Endless Rope Machine
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled,
Endless Rope Machine shall issue a credit to your credit card account in the
amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Endless Rope Machine
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Endless Rope Machine may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Endless Rope Machine.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Endless Rope Machine products) shall be in the
state or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Endless Rope Machine products) must be commenced
within one (1) year after the claim or cause of action arises. Endless Rope Machine's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Endless Rope Machine may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Endless Rope Machine or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Endless Rope Machine does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Endless Rope Machine is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
Endless Rope Machine reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to Endless Rope Machine in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Endless Rope Machine, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Endless Rope Machine
may link to sites operated by third parties. However, even if the third party
is affiliated with Endless Rope Machine, Endless Rope Machine has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Endless Rope Machine. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
Endless Rope Machine seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
work).
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