YOUR AGREEMENT TO THESE TERMS
Use of this Site signifies your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms please do not use this Site. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS. We reserve the right to change these Terms, and your continued use of the Sites constitutes agreement to all such changes.
If you wish to return a Product, see our Return Policy, which is incorporated herein by reference.
AUTHORIZED USES OF THIS WEBSITE
You may only use or make purchases on the Sites if you are at least 18 years old or the age of majority in your state, whichever is greater. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Sites. In your use of the Sites and the services available on the Sites, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Sites or any web sites linked to the Site; (iii) interfere with or damage the Sites, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Sites; (viii) use any meta tags or any other “hidden text” utilizing the Hamax USA name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Sites; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Sites; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
All right, title and interest in the Sites and any content contained herein is the exclusive property of Hamax USA, except as otherwise stated. Hamax USA grants you a limited, non-exclusive license to access and make personal use of this Site. You may print, copy and download any information or portion of the Sites for your personal use only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of Hamax USA. You may not copy, publish, or reproduce any information contained on the Sites for any commercial or public purpose outside of those uses authorized by this document, without Hamax USA’s prior written approval. Any unauthorized use terminates the permission or license granted by Hamax USA.
Unauthorized use of the Sites including, but not limited to, unauthorized entry into Hamax USA systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Sites in any manner that could damage or impair the functionality of any Hamax USA Site. You may not attempt to gain unauthorized access to any Hamax USA Sites or service, computer systems or networks connected to any Hamax USA system, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Sites that violate applicable laws or regulations.
Hamax USA reserves the right and sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Sites and to suspend and/or deny access to the Sites for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Sites may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Hamax USA does not undertake any obligation or responsibility to update or amend any such information. Hamax USA reserves the right to discontinue or modify any product or service described in or offered on the Sites at any time.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The information, products and services on the Sites are provided on an “AS IS,” and “AS AVAILABLE” basis. Hamax USA does not warrant the information or services provided herein or your use of the Sites generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Hamax USA will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Sites. Hamax USA cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Hamax USA nor any of its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, suppliers, nor any third party vendor, will be liable to you for any kind for any loss or damage that you incur in the event of any failure or interruption of the Sites, or resulting from the act or omission of any other party involved in making the Sites, the data contained herein or the products or services offered on the Sites available to you, or from any other cause relating to your access to, inability to access, purchases made via, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Hamax USA or of any vendor providing software or services. In no event will Hamax USA or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney’s fees, or any other damages of any kind even if Hamax USA or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Hamax USA cannot and does not guarantee continuous, uninterrupted or secure access to the Sites.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
You and Hamax USA agree that any and all disputes arising out of or relating to the Sites; any transaction or purchase you make on the Site; any information you provide on the Site; any relationship between us resulting from your use of the Sites; the purchase, order, installation, or use of Hamax USA’s products or services; or communications between us; will be resolved exclusively and finally by confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and Hamax USA further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Hamax USA further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. If you initiate arbitration, Hamax USA will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Hamax USA in writing and provided a copy of the arbitration proceedings. However, if Hamax USA is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Hamax USA. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in Puyallup, Washington, but may proceed telephonically if the claimant so chooses.
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS SITE, ANY INFORMATION YOU PROVIDE VIA THE SITE, THESE TERMS (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH) AND YOUR USE OF THE SITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS of claimants with respect to any claim submitted to arbitration. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE THE SITES OR HAMAX USA’S PRODUCTS, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND IN ACCORDANCE WITH HAMAX USA’S RETURN POLICY WITHIN 30 DAYS OF YOUR FIRST ORDER OF ANY OF HAMAX USA’S PRODUCTS.
INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, including without limitation its design, software, logos, design, text, graphics, images, photographs, illustrations, user interfaces, artwork, product descriptions, multimedia content, computer code (including html code), products, information other files, and the selection and arrangement thereof is the property of Hamax USA or its content suppliers and protected by United States and international copyright laws. © STL International, Inc. 2014. All rights reserved. © Hamax USA 2014. All rights reserved. The compilation of all content on this Site is the exclusive property of Hamax USA and protected by U.S. and international copyright laws. The related design marks, and other trademarks on the Site are owned by Hamax USA. Page headers, custom graphics, button icons and scripts are trademarks or trade dress owned by Hamax USA. You may not use any of these trademarks, trade dress, or trade names without our express written permission. All software used on this Site is the property of Hamax USA or its software suppliers and protected by United States and international copyright laws. You may not use such materials without permission. You may not deep link to portions of the Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Site.
The Site may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Hamax USA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site. When leaving the Site, you should be aware that Hamax USA’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that website.
By posting, storing, or transmitting any content on or to the Sites, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
PRODUCT DESCRIPTIONS AND PRICING
For questions about the products or services on this Site, or for questions about orders placed through the Site or otherwise, please use the Customer Service phone number or email links found on each product page.
Hamax USA and its affiliates attempt to be as accurate as possible. However, Hamax USA does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Hamax USA itself is not as described, your sole remedy is to return it in unused condition.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Hamax USA is registered to you. Hamax USA reserves the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Hamax USA. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms.
Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by Hamax USA on the Site do not imply endorsement of that product, or constitute a warranty, by Hamax USA.
ACCURACY OF INFORMATION
We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
ELECTRONIC SIGNATURES AND AGREEMENTS
Hamax USA ships orders placed before 12 pm PST on a business day the same day. All other orders will be processed on our next business day. Although Hamax USA may provide delivery or shipment timeframes or dates, you understand that those are estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Hamax USA shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Hamax USA makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
NOT ALL HEALTH AND FITNESS PROGRAMS/PRODUCTS ARE SUITABLE FOR EVERYONE AND THIS OR ANY PRODUCT MAY RESULT IN INJURY. CONSULT YOUR DOCTOR BEFORE UTILIZING THIS OR ANY HEALTH OR FITNESS RELATED PROGRAM OR PRODUCT. WE PROVIDE INFORMATION ON THE SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
You hereby fully release and agree to indemnify and hold harmless Hamax USA, its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your use of the Sites, the products, exercises, instructions, or advice on the Sites, your violation of these Terms, your violation of any rights of another, or your failure to perform your obligations hereunder.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit ClassPass to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices should be sent to:
9902 162nd St. Ct. E.
Puyallup, WA 98375
Unless otherwise stated herein, 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.
The terms of this section survive any termination of the Terms.
If you have any questions about these Terms, you may contact us by telephone during business hours or via email at any time using the following:
Effective Date: April 5, 2016