Terms Of Service
By accessing or using the AllGymnastics.com website (“Website”) or any service made available by AllGymnastics.com (“AGC”) (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms”).
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING, DOWNLOADING OR USING THE SERVICE, YOU ACKNOWLE.DGE AND REPRESENT THAT:
YOU ARE EITHER MORE THAN EIGHTEEN (18) YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND
THAT YOU HAVE READ, UNDERSTAND AND ARE FULLY ABLE AND COMPETENT TO ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM.
IF YOU ARE UNDER THE AGE OF THIRTEEN (13) OR IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SERVICE.
The terms and conditions below limit our liability and obligations to you and allow us to change, suspend or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to read the following terms and conditions:
Accounts
You understand that you are entirely responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. AGC will not be liable for any loss that you incur as a result of someone else using your account or your password.
Payments
Through our third-party service providers, customer payments will automatically be split between AGC and Vendors so the Customer is responsible only to make a one-time payment for merchandise and/or services
Vendors/Membership and Fees
Shipping
Refunds and Returns
Whether or not you accept returns
The time frame in which you may accept a return
Who will pay for the cost of return shipping for any items that are sent back to you
Before purchasing a product or service, users should locate and familiarize themselves with each Vendor’s return and exchange policy. Specific questions about a Vendor’s policies are best answered by the Vender.
License
With this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service only for its intended use. We may terminate this license at any time for any reason whatsoever.
Availability, Errors, and Inaccuracies
We cannot and do not guarantee the accuracy or completeness of any information, including availability and services. While we strive to ensure that the Service works as intended, we cannot and will not guarantee that our Services will work as intended and that content will be available or accessible at any specific point in time. Because of this, we encourage you to frequently back-up any data that you need in case the Services are inaccessible or otherwise unable to retrieve content or data. We expressly disclaim any and all liability as a result of delayed, lost, or unsent messages or errors associated to the content or Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service depends on variousfactors such as software, hardware and communications networks, and other factors outside of its control. You understand that we do not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free.
Privacy
Links to Other Web Sites
AGC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We are not responsible for the availability or content of such third-party links, web sites, products or services. You further acknowledge and agree that AGC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Copyright Complaints
AGC respects the intellectual property of others. If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please notify us of your claim of infringement by sending the following written information to our designated copyright agent:
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 us to locate the material;
Information reasonably sufficient to permit us to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
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.
Our copyright agent for notice of claims of copyright infringement can be reached at:
AllGymnastics
4175 Veterns Memorial Highway, St. 400
Ronkonkoma, NY 1111779
support@allgymnastics.com
Termination
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Compliance With Laws
You agree that you will not use the Service for any prohibited purpose. It is your sole responsibility to ensure that your use of the Service complies with all laws, rules and regulations applicable to you.
In addition, you acknowledge that to use the Service, (i) the Content must be yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
Indemnification
Disclaimer of Warranties
THE AGC PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE AGC PARTIES DO NO MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE AGC PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE AGC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE AGC PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE AGC PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE AGC PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.