These Terms and Conditions of Use include Informed Consent, Release and Known Waiver of Liability between My Turn Athletics, LLC (“Company”) and the user of the Product, described below, and govern the user of the Product herein after known as “User.”
Company has developed a certain product that helps and trains dancers/gymnasts, but not limited to, with improving their turns (the “Product”).
User has agreed to use and operate the Product in accordance with Company’s instructions and guidelines.
User also has agreed that if User does not agree to each and all of these terms and conditions, then User will not use the Product and will return the Product to Company immediately.
NOW, THEREFORE, the User hereby agrees as follows:
- Use of Product: Subject to these Terms and Conditions of Use, Company will sell the Product to User, for personal use in a wide-open area, on the correct type of floor of the following: marley and tile carpet only, with no obstructions nearby, as defined in this Agreement.
- Consideration and Potential Benefits: Use of the Product, as instructed, may allow User to: become a stronger turner, work on body alignment and proper turning technique, strengthen their ankles, and improve their balance.
- Care of Product and Repair: User will use the Product only according to the instructions of Company. Upon delivery of Product to User, User assumes and will bear the risk of all loss or damage to the Product. Company will repair or replace at no cost to the User any defective parts of the Product, except in connection with unauthorized use, use not in accordance with instructions provided by the Company, loss, damage caused by User and water damage. In any event User will pay the associated costs of delivery and replacement of product.
- Privacy: The Company shall use personally identifiable information of User only for the purpose of providing the services under this Agreement to User. The Company may use aggregated non-personally identifiable information derived from information provided by User, including but not limited to for the purpose of improving the Product and related services.
- Warranty Disclaimer: User acknowledges that the Product is being provided "AS IS." COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- No Service: Company does not warrant that the services related to the Product and the Product will be uninterrupted, reliable, accurate, available, error free, and free from unauthorized access. User acknowledges and agrees that it should not rely on the Product or related services for any reason. Use of the Product and related services, including use of any analysis or information provided in connection thereto, by User or any third party shall be at User's sole risk and liability.
- Duty to User and Others: User expressly and irrevocably acknowledges and agrees that the use of the Product and related services in connection with adults and children does not create any duty or liability of the Company towards such persons, and does not relieve the User from any such liability, if any. User acknowledges that such persons may damage the Product. User assumes the sole and complete liability for such use of the Product and related services and waives any claim or demand of any kind and of whatever nature against Company in connection therewith, and Company solely and expressly authorizes the use of the Product in reliance upon this waiver by User. Support services to the Product shall be provided as determined by the Company.
- Potential Risks and Discomforts: The Product might make it possible for the User to experience bruising and/as an injury from a fall. If a problem related to use of the Product should occur, or if you have questions during use of the Product, contact the Company.
- LIMITATION ON LIABILITY: IN NO EVENT WILL COMPANY BE LIABLE TO USER OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT OR USE OF OR INABILITY TO USE THE PRODUCT OR RELATED SERVICES OR FOR ANY ERROR OR DEFECT IN THE PRODUCT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, EQUITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE SOLE REMEDY AVAILBLE TO USER IS TO DISCONTINUE USE OF THE PRODUCT AND RETURN THE PRODUCT TO COMPANY.
- Waiver and Release: By using the Product a User, User acknowledges that use of the Product exposes User to a possible risk of personal injury and that User’s direct or indirect use of the Product are at User’s own risk. User hereby unequivocally and irrevocably releases and forever discharges the Company, and its respective officers, members, directors, employees, partners, agents, attorneys, licensees, subsidiaries, consultants, contractors, affiliates, managers, independent contractors and affiliates (collectively "the Suppliers"), from any and all liability of whatsoever for damage, harm, and injury to person or property to myself or others, or any other claims arising from, related to, or in connection with User’s use of the Product, including claims that are known or unknown, foreseen or unforeseen, past, future or contingent or third party claims. User agrees that User shall not now or at any time in the future, directly or indirectly, commence or prosecute any action, suit or other proceeding of any kind or nature against the Company and Suppliers arising from, relates to, or in connection with User’s use of the Product. User hereby irrevocably waives any and all actions, causes of action, claims and demands that may or could be brought against the Company and Suppliers arising from, in connection with ,or related to User’s use of the Product.
- Term: The term of this Agreement will be for a period of use of the Product by User when purchased from Company. Upon termination of this Agreement, User shall immediately terminate use of the Product and return the Product to the Company.
- Governing Law and Consent to Jurisdiction: Use of the Product and the Terms and Conditions of Use are be governed by and construed solely and exclusively in accordance with the laws of the State of Florida (excluding its body of law controlling conflicts of law). User hereby further irrevocably consents and submits to the personal jurisdiction of the Courts of Miami-Dade County, Florida, where Company is headquartered. Any action or claim of any kind arising from, related to, or in connection with use of the Product or this Agreement shall be solely and exclusively resolved by the Courts of Miami-Dade County, Florida, where Company is headquartered. The User hereby knowingly, irrevocably, and expressly waives any defense regarding forum non conveniens, inconvenient forum, improper venue, or lack of personal jurisdiction for any claim arising from, related to, or in connection with this Terms and Conditions of Use or use of the Product.
- Severability: If any provision of this Terms and Conditions of Use are held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of this Terms and Conditions of Use will remain in full force and effect.
- Non-Waiver of Remedies: The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.
- Notices: All notices required or permitted under this Terms and Conditions of Use will be in writing and delivered by e-mail on file with the Company and in each instance will be deemed given upon delivery. All communications will be sent to the addresses set forth below or to such other address as may be specified by either party to the other in accordance with this Section.
- Entire Agreement: This Terms and Conditions of Use and the attached exhibits, if any, constitute the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersede any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. Company reserves the right, at Company’s sole and absolute discretion, to change, modify, add, or remove portions of the Terms and Conditions of Use at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these Terms and Conditions of Use periodically for changes. User’s continued use of the Product following the posting of changes to the Terms and Conditions of Use means User accepts these changes.
- Acceptance: These Terms and Conditions of Use are accepted by User upon clicking on hyperlink for the Terms and Conditions of Use on the Company’s website when logging into User’s account on the Company’s website, each click will be deemed knowing and informed consent and agreement to the Terms and Conditions of Use.
- Right to Counsel and Informed Consent: User represents and warrants and Company detrimentally relies on User’s representation and warranty in order to allow User to use the Product that User: (a) has had the right to consult with an attorney of User’s choice regarding the terms of this Terms and Conditions of Use after consulting with User’s attorney of choice or electing not to seek advice of counsel; and (b) User is over the age of 18, of sound mind, and making this agreeing to these Terms and Conditions of Use on User’s own free will. User voluntarily agrees to use the Product. User understands that User is free to withdraw User’s consent and discontinue User’s use of the product at any time. However, User understands what is expected if User agrees to participate and will diligently follow the procedures for use of the Product and the Terms and Conditions of Use. Further, User acknowledges that User has read and fully understand these Terms and Conditions of Use and agrees that it shall be binding on User, and User’s legal representatives, heirs, successors and assigns.