- Acceptance of Terms
Welcome to Gymmajor.com (the “Website” or “Gymmajro.com”). Before using Gymmajor.com, please read the following terms and conditions carefully, and only use if you agree to these terms.
- Age of Consent
By using this site, you represent that you are at least the age of 18 years or older or have received permission from an adult to purchase.
- Purchases & Payments
If you purchase a Product through the Website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Website, and acknowledge and agree that Gymmajor has the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
If you are not fully satisfied with the Products purchased by you on the Website, you may return the Product, in its original packaging, to Gymmajor for a refund within thirty (30) days of the date of your purchase. You can request and arrange for such a refund by contacting us via the Website by filling out the form at https://www.gymmajor.com/exchange.
For more detail, please review our Returns Policy.
- Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, images, files, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- collects, stores or solicits personal information;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- disrupts, overburdens or otherwise interferes with the Site, the Services, or the networks or servers used by Bunker Mode;
- impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
- contains a virus or other harmful component.
- User account, Accuracy & Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify Gymmajor immediately of any unauthorized use of your Account. Gymmajor shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Gymmajor, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
- User Content
You grant to Gymmajor a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Gymmajor the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that Gymmajor shall not bring an action for infringement of any Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Gymmajor or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Gymmajor reserves the right to edit or remove any material submitted to the Website, or stored on Gymmajor's servers, or hosted or published upon the Website.
- No Warranties; Limitation of Liability
Gymmajor, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Gymmajor nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Gymmajor disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Gymmajor shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Gymmajor, Company Parties, or Gymmajor users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Website is at your sole risk. You will not hold Gymmajor or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall Gymmajor or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Gymmajor or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Gymmajor and you. The Website would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Gymmajor or between you and any of Gymmajor’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Gymmajor’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
- Consent to Receive Electronic Communications from Gymmajor
- Intellectual Property
Our Website contains Content of Gymmajor ("Gymmajor Content"), and Content of third party licensors to Gymmajor (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Gymmajor owns and retains all rights, title and interest in the Gymmajor Content. Those portions of the Site and the Services owned by Gymmajor are the copyright of Gymmajor. All rights reserved. You agree that all of Gymmajor's trademarks, trade names, service marks, logos and service names are trademarks and are property of Gymmajor (the "Gymmajor Marks"). You agree not to display or use in any manner the Gymmajor Marks, without the express prior permission of Gymmajor. Gymmajor hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Gymmajor Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service..
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
- Other Parties
The Website may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with Gymmajor and some of whom may not. Gymmajor does not have control over the content and performance of Third Party Websites. Gymmajor has not reviewed, and cannot review or control, all of the material, including computer software or other goods or Websites, made available on Third Party Websites. Accordingly, Gymmajor does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or Websites available through Third Party Websites. Gymmajor disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
You accept that, as a limited liability entity, Gymmajor has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Gymmajor’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect Gymmajor’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Gymmajor and the Company Parties.
- Unenforceable Provisions
If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website disclaimer.
You agree to indemnify, defend, and hold harmless Gymmajor, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. Gymmajor will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Without limiting any other provision of this Agreement, Gymmajor reserves the right to, in Gymmajor’s sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Gymmajor.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, Gymmajor may, but has no obligation to, in Gymmajor’s sole discretion, rescind any Websites and/or delete from Gymmajor’s systems all your Personal Information and any other files or information that you made available to Gymmajor or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website.
After termination, Gymmajor reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your Internet Website Provider.
All notices required or permitted to be given under this Agreement must be in writing. Gymmajor shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Gymmajor. You agree that any notice received from Gymmajor electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Gymmajor is accurate and current, and notice to you shall be deemed effective upon the sending by Gymmajor of an email to that address. You shall give any notice to Gymmajor by submitting said notice to us at firstname.lastname@example.org.
- No Waiver
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
- Independent Contractors
You and Gymmajor are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
- No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Gymmajor’s licensors and suppliers (to the extent expressly stated in this Agreement.
- Entire Agreement
- Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
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