PURCHASE TERMS V1.0 (LAST MODIFIED 04_28_2021)
1. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS APPLICATION IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH RCSS , OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS APPLICATION OR ANY OF THIS APPLICATION’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Purchase Terms and the Terms of Use and Privacy Policy (these “Terms“) apply to the purchase and sale of all products and services through www.exptraining.net (the “Application“). These Terms are subject to change by EXP Training, LLC and its affiliates, subsidiaries and divisions (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Application. You should review these Terms prior to purchasing any product or services that are available through this Application. Your continued use of this Application after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Application Terms of Use that apply generally to the use of our Application. You should also carefully review our Privacy Policy before placing an order for products or services through this Application (see Section 6 of the Terms of Use and Privacy Policy).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms. EXP Training may use the Application to log your workout, and record your heart rate and calculate your energy usage. We will ask your permission before we do this. Payment for your EXP Training purchases will be charged to your Apple iTunes or Google Accounts as applicable on confirmation of purchase. Subscriptions automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for the renewal within 24 hours prior to the end of the current period at the cost of your chosen subscription. You may manage subscriptions and turn off auto-renewal in your Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when a subscription is purchased for the product which is the subject of the trial or if the trial period is cancelled early.
All prices, discounts, and promotions posted on this Application are subject to change without notice. The price charged for a subscription, product or service will be the price in effect as identified in your shopping cart. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Application that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment or credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Application at the time of your order.
4. Returns and Refunds. WE OFFER NO REFUNDS OR CANCELLATIONS ON ANY ORDERS, SUBSCRIPTIONS, PRODUCTS OR SERVICES.
5. Warranty and Disclaimers. The availability of subscription, products or services through our Application does not indicate an affiliation with or endorsement of any subscription, product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the subscription, products or services offered on our Application. However, the subscription, products and services offered on our Application may be covered by the manufacturer’s warranty that may be included with the subscription, product. To obtain warranty service for defective third party subscription, products, please follow the instructions included in the manufacturer’s warranty.
ALL SUBSCRIPTIONS, PRODUCTS AND SERVICES OFFERED ON THIS APPLICATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) 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.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE,
UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SUBSCRIPTIONS, PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR APPLICATION.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
7. Goods Not for Resale or Export. You represent and warrant that you are buying subscription, products or services from the Application for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy located in Section 6 of the Terms of Use and Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of subscription, products or services through the Application.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 102 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of RCSS.
12. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
13. Notices.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Application. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to customerservice@exptraining.net; or (ii) by personal delivery, overnight courier, or registered or certified mail to EXP Training at 720 NW Leonardo Circle, Port St. Lucie, FL 34986. We may update the email address or address for notices to us by posting a notice on the Application. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
14. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement. Our order confirmation, these Terms, the agreement relating to any subscription, product or service you obtain on or through this Application, our Application Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.