Terms of Service
ACCEPTANCE OF TERMS
By accessing, using or viewing this website (collectively, including all content and functionality available through the www.phantomweights.com, the “Website”), you signify that you have read, understand and agree to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the Website. In these Terms of Service, “Phantom” or “we” refers to Phantom Weights, LLC, a California limited liability company, and “you” or “user” refers to you, the user of this Website. Phantom may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Terms of Service shall be deemed to confer any third-party rights or benefits.
If you have any questions or concerns about Phantom’s Terms of Service, please contact us at: email@example.com
These Terms of Service apply to all users of the Website. On our Website you may, among other things, learn about our products, purchase Phantom products, and leave comments. The Website may contain links to third party websites that are not owned or controlled by Phantom. Phantom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Phantom will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Phantom from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Phantom Website and to read the terms and conditions of each other website that you visit.
All intellectual property on the Website is owned by Phantom or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., Phantom name and logo) are owned, registered and/or licensed by Phantom. All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the propriety property of Phantom; All rights reserved. Individual users of this Website are permitted to download copies of the Content on this Website for personal, noncommercial use. This limited, revocable privilege to use the Content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstance, (a) modify the information on the Website or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble any part of this Website or its Content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from this Website may be copied, reproduced, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Phantom, unless it is your own User Generated Content that you legally post on the Website. The use of any materials from this Website on any other web environment is prohibited.
AGREEMENT TO PAY FOR PURCHASES
You agree to pay for all purchases you make through the Website, and that Phantom, or its payment processor, may charge your credit card as provided by you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES, TAXES, AND CHARGES AND FOR PROVIDING PHANTOM WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES, TAXES, AND CHARGES MADE THROUGH YOUR ACCOUNT. All fees and charges will be billed to the credit card that you provide. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS FOR PRODUCT PURCHASES CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES.
All orders placed on the Website are subject to Phantom’s acceptance. Phantom may accept, reject, or cancel any order, whether or not the order has been confirmed, for any or no reason, wihtout liability to you or anyone else. If your credit card has already been changed for an order that is subsequently cancelled, Phantom will issue you a refund.
Phantom cannot assure you all of the product information displayed on the Website is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item. If a product does not conform to its description on the Website, your sole remedy will be to contact Phantom and adhere to our Returns Policy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update product information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may relate to product description, pricing, and availability.
WEBSITE DOES NOT CONTAIN MEDICAL ADVICE
Neither the information published on this Website, including product descriptions, nor the information provided on any product label or packaging are intended as a substitute for advice from your physician, physical therapist, or other healthcare professional. You should not use the information on this Website or provided with any product for diagnosis or treatment of any health problem or for prescription of any therapy or other treatment. You should always speak with your physician or other healthcare professional before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind. You expressly acknowledge and agree that your athletic activities (including, but not limited to, Baseball, Softball, Football, Volleyball, Golf, Lacrosse, Hockey, Running, and Weight Training activities) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction or negligence of Phantom or others.
Phantom will terminate a user's access to the Website if, under appropriate circumstances, they are determined to be an infringer or otherwise a nuisance to the Website. Phantom reserves the sole and exclusive right to decide whether a comment or any other user submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, including, but not limited to, obscene, defamatory, or just plain obnoxious material. Phantom may remove such comments or other user submissions and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Tender Belly with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • 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 the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; • 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. DMCA claims may be sent to the following address: firstname.lastname@example.org Note: You acknowledge that if you fail to comply with all of the requirements of this Section of these Terms of Service, your DMCA notice may not be valid.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ANY PRODUCTS ORDERED FROM THE WEBSITE SHALL BE AT YOUR SOLE RISK. PHANTOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF TO THE FULLEST EXTEND ALLOWABLE BY LAW. PHANTOM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PHANTOM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHANTOM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PHANTOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR PRODUCTS; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PHANTOM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PHANTOM SHALL NOT BE LIABLE FOR USER COMMENTS OR OTHER SUBMISSIONS CONTAINING TRAINING OR EXERCISE ADVICE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Phantom, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of Phantom products; (ii) you use of this Website; (iii) your violation of any term of these Terms of Service; (iv) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (v) any claim that one of your comments or other user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Phantom without restriction.
The invalidity of any provision of these Terms of Service as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. In the event any provision of these Terms of Service is deemed unlawful, void or unenforceable, then such provision shall be deemed severed from these Terms of Service and the remaining provisions shall be valid and enforceable.
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Phantom that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with any other legal notices published by Phantom on the Website, shall constitute the entire agreement between you and Phantom concerning the Website and any product purchased through the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Phantom’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Phantom reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.