TERMS AND CONDITIONS1. GROMOTO WEB SITE AGREEMENT
The www.gromotoshop.com web site (the "Site") is an online information service provided by gromoto ("www.gromotoshop.com"), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Www.gromotoshop.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1.1 COPYRIGHT, LICENSES AND IDEA SUBMISSIONS.
The entire contents of the site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.gromotoshop.com, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to www.gromotoshop.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to www.gromotoshop.com by all means and in any media now known or hereafter developed. You also grant to www.gromotoshop.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against www.gromotoshop.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.gromotoshop.com
IMAGES AND DESCRIPTION
The pictures and descriptions displayed on www.gromotoshop.com are for illustration purposes only. While we try our best to maintain images and descriptions of products Gromoto and www.gromotoshop.com do not guarantee the correctness of images and descriptions.
1.2. USE OF THE SITE.
You understand that, except for information, products or services clearly identified as being supplied by www.gromotoshop.com, www.gromotoshop.com does not operate, control or endorse any information, products or services on the internet in any way. Except for www.gromotoshop.com- identified information, products or services, all information, products and services offered through the site or on the internet generally are offered by third parties, that are not affiliated with www.gromotoshop.com a. You also understand that www.gromotoshop.com cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. Www.gromotoshop.com provides the site and related information "As is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and www.gromotoshop.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Www.gromotoshop.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Www.gromotoshop.com has no control over and accepts no responsibility whatsoever for such materials.
ACCEPTANCE OF TERMS AND AGE REQUIREMENTS
When you access this site, you acknowledge that you have read and agree to abide by the terms described below. If you do not agree to the terms discussed here, you should exit this site now. If you are under the age of 18, your use of this site must be approved by a parent or legal guardian.
LIMITATION OF LIABILITY
In no event will www.gromotoshop.com be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if www.gromotoshop.com or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, www.gromotoshop.com liability is limited to the greatest extent permitted by law.
Www.gromotoshop.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this site. When you access a non-www.gromotoshop.com web site, please understand that it is independent from www.gromotoshop.com, and that www.gromotoshop.com has no control over the content on that web site. In addition, a link to a www.gromotoshop.com web site does not mean that www.gromotoshop.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless www.gromotoshop.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service.
1.4. THIRD PARTY RIGHTS.
The provisions of paragraphs 2 (use of the service), and 3 (indemnification) are for the benefit of www.gromotoshop.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
1.5. TERM; TERMINATION.
This agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (copyright, licenses and idea submissions), 2 (use of the service), 3 (indemnification), 4 (third party rights) and 6 (miscellaneous) shall survive any termination of this agreement.
This agreement shall all be governed and construed in accordance with the laws of Australia applicable to agreements made and to be performed in Australia. You agree that any legal action or proceeding between www.gromotoshop.com and you for any purpose concerning this agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Australia . Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Www.gromotoshop.com's failure to insist upon or enforce strict performance of any provision of this agreement 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 provision of this agreement. Www.gromotoshop.com may assign its rights and duties under this agreement to any party at any time without notice to you.
2. TERMS AND CONDITIONS OF SALE
All supplies and services of “Gromoto” are solely based on the following terms and conditions. If any provision is or becomes invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by the statutory provision. By placing an order the customer declares his agreement with our terms and conditions. Different conditions require our written consent.
The prices are displayed in $ (USD). Prices stated on the website at the time receipt of the order shall apply.
2.3. DELIVERY AND DELIVERY TIME
The purchaser places an order when he submits the completed order form to us. "Gromoto.Com" accepts the order despatch of goods. You will automatically receive a confirmation after sending the order to the specified email address. Deliveries are made to the customer's delivery address. Orders can be made depending on the time of receipt as soon as possible dispatch. Delivery will be made by post. The buyer can expect that the goods will be delivered within 10-30 business days. If an item should not be available at the time, the delivery can take up to 40 business days. If a product is no longer available, we reserve the right not to supply these goods due to unavailability. We will inform you about this situation immediately via email.
2.4. POSTAGE, SHIPPING AND DELIVERY
The shipping costs are calculated automatically in your order.
Shipping costs depend on the product customs and other fees, as well as added duty in the country. These costs will be borne by the customer and must be paid directly to the competent authorities. We recommend to inquire in advance at the therefore responsible offices.
Orders are immediately payable. Advance payment to gromoto through "Gromoto.com" paypal, credit card (visa, mastercard, american express) and debit cards (postcards) are accepted. Payment data details by credit and debit card are encrypted. Buyer to advance the bill must be settled immediately. Otherwise, the order can be cancelled by gromoto
2.6. ESTABLISHMENT OF CONTRACT
The presentation of products in the online shop is not a legally binding offer but a non-catalogue. By clicking the button “complete purchase” you place a binding order in the basket of goods. The confirmation of your order takes place simultaneously with the acceptance of the order immediately after sending an automated e-mail. By means of this e-mail confirmation the purchase-agreement is concluded.
2.7. RETURNS AND DEFECTS
Articles can be returned within 14 days of receipt - unused, undamaged and returned - in the original packaging. After expiration of the return period there is a binding sale and purchase. There will be - except for the return postage - no additional costs. We kindly ask you to always include the delivery order / invoice in order to process your returns immediately. In the event of return shipments, it is necessary to keep the receipt of the post with the barcode.
Complaints about delivery, material defects, wrong deliveries and quantity variances, as far as this can be determined by reasonable inspection, shall immediately, but not later than 7 days after receipt of the goods (including e-mail) be warranted. Shipping costs can not be refunded.
2.8. IMPROVEMENTS AND CHANGES
"Gromoto" reserves the right to change products, which are used from the perspective of the manufacturer of quality improvement, also without prior notice. Slight deviations from descriptions and illustrations may differ.
2.9. RETENTION OF TITLE
The goods, until payment, are in full ownership of gromoto.
All information necessary for the transaction will be saved in the data policy. It is obvious for us to keep your information confidential. We pledge to not share your information in any way with unauthorized third parties and to protect it from any unauthorized access. If you want to be informed through newsletters, special offers or new products by email, your email address will be saved for this purpose. The newsletter is free and can be cancelled at any time.
© Gromoto and "gromoto.com". All pages of gromoto.com are protected by copyright.
2.12. RIGHT OF REVOCATION
You can cancel your contract within 24 hours in writing (eg, email) without giving your reasons or -revoke by returning the goods before the deadline expires. The period begins upon receipt of this notification in writing, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery). The revocation period is sufficient to send the revocation or thing.
The revocation must be sent to firstname.lastname@example.org
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest). In case you can give us the performance received and benefits (eg benefits) do not or partially refund or only in deteriorated condition or issue, you will be obliged to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "Testing the properties and functioning" refers to the testing and evaluation of the respective goods, as it is possible and common in a shop. Transportable items are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered. Obligations to reimburse payments must be fulfilled within 30 days. The period begins when you send your cancellation or the goods, for us with their reception.
2.13. PRODUCT WARRANTY
Australian law is applicable.
3 PRODUCT AND LIABILITY DISCLAIMER
The information provided by gromoto on www.gromotoshop.com is for informational purposes and is not intended to replace the advice, diagnosis, or treatment recommendations of a doctor or other medical professional. Gromoto disclaims any liability for the decisions you make based on this information.
Prior to any exercise program or use of products, consult with your healthcare professional to design an appropriate exercise prescription and to avoid the potential harm of doing any inappropriate exercises for a particular problem. Please read this entire disclaimer before commencing with your exercise program or product use.
In no event shall gromoto be liable for any direct, indirect, punitive, incidental, special, or consequential damages, injuries, or harm whatsoever arising out of or connected with the use or misuse of any product purchased herein. You agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks individual to yourself before purchasing or using any gromoto product.
You agree that in the event that gromoto is ever deemed liable for any harm caused, the amount which gromoto shall be held liable shall be limited to the cost of the product and nothing more.
Before treating any medical conditions, beginning any exercise, training, or therapeutic programs, and before using the product purchased herein, you should consult with your doctor, general practitioner or qualified healthcare professional.
You agree and acknowledge that nothing sold on this site should be used to replace a doctor, or a qualified healthcare professional's opinion or professional treatment, and that this product should be merely used in conjunction with, or as a supplement to, a personal physician or professional healthcare provider's opinion or treatment in the event that a gromoto product is recommended by your doctor, physician, or personal healthcare provider after evaluating your condition. The products sold herein are not meant to diagnose, treat, cure, or prevent any condition that may befall you. You assume all liability for your own personal treatment with our products. If you experience any pain or difficulty with any of our products, stop and consult your personal physician or qualified healthcare professional before continuing use.
The views and opinions expressed on this website are solely those of the authors, not of professional physicians or physical trainers, not of doctors or medical professionals, and not of any qualified healthcare professionals; and that these views and opinions expressed should not be interpreted or considered professional medical advice or medical consultation.
Please consult with your personal physician or qualified healthcare professional about any and all health-related issues prior to or during the use of any gromoto product, as well as any health-related questions, programs, and dietary & physical regiments before using any and all gromoto products.
Material on this site is provided for informational purposes only and does not constitute a warranty of any kind, either express or implied.
Gromoto and gromoto.Com disclaims all warranties, expressed or implied. This disclaimer includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It also includes any expressed or implied warranties arising from any course of dealing, usage, or trade practice.
Gromoto and gromoto.Com is not liable for any direct, indirect, special, incidental, or consequential damages arising out of the use, or the inability to use, material on this website. This non-liability includes but is not limited to injuries incurred while using exercises or programs accessed via this website.
4 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Manly, New South Wales before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Gromoto’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Questions about the terms & conditions should be sent to us at firstname.lastname@example.org