Terms and Conditions
Power Monkey Terms and Conditions:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE: All users of this site or the app agree that access to and use are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or the app. These terms and conditions are applicable to you upon your accessing the site or the app.
Trademark and Copyright
The entire content included on the site and in the App, including but not limited to text, graphics or code is intellectual property of Power Monkey Fitness and is copyrighted as a collective work under the United States and other copyright and intellectual property laws, and is the property of Power Monkey Fitness Equipment (Power Monkey Fitness, Power Monkey, or PMF). The collective work includes works that are licensed to Power Monkey Fitness Equipment. Copyright 2017, Power Monkey Fitness Equipment ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Power Monkey Fitness Equipment or purchasing Power Monkey Fitness Equipment products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Power Monkey Fitness Equipment or to purchase Power Monkey Fitness Equipment products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site or App is strictly prohibited, unless authorized by Power Monkey Fitness Equipment. You further agree not to change or delete any proprietary notices from materials downloaded from the site or App.
Power Monkey Fitness Equipment is the owner of a variety of registered trademarks, copyrights, and patents, including but not limited to Power Monkey Fitness Equipment, Monkey Method, and Ring Thing; which are registered trademarks of Power Monkey Fitness Equipment and cannot be used without the consent of Power Monkey Fitness Equipment.
Warranty Disclaimer
This site, app, and the materials and products located on the site and/or the app are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Power Monkey disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Power Monkey does not represent or warrant that the site or app will provide service uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Power Monkey does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Additionally, nothing contained on the website or App shall be construed as providing consult or advice to you.
Limitation of Liability
In no event shall Power Monkey nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website or App, inability to use the Website or App, the performance of the products, or quality of the services whether such liability is under contract, tort or otherwise, and Power Monkey, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability or damages arising out of or in any way related to your use of the Website or App, even if Power Monkey Fitness Equipment has been advised of the possibility of such damages.
Typographical Errors
In the event that a Power Monkey product or service is mistakenly listed at an incorrect price, Power Monkey reserves the right to refuse or cancel any orders placed for product or service listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Power Monkey shall issue a credit to your credit card account in the amount of the incorrect price.
Variation of Terms
Power Monkey is permitted to revise these Terms at any time as it sees fit, and by using the Website and/or App you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination by Power Monkey.
Miscellaneous
Your use of this site, app, and any orders made from Power Monkey shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the site or the App (including but not limited to the purchase of Power Monkey products or services, including but not limited to enrollment or attendance in camps and clinics) shall be in the state or federal courts located in the State of New York. Any cause of action or claim you may have with respect to the site or the App (including but not limited to the purchase of Power Monkey products or services) must be commenced within one (1) year after the claim or cause of action arises. Power Monkey’s failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. Power Monkey may assign its rights and duties under this Agreement to any party at any time without notice to you.
Community Use Guidelines
Harassment in any manner or form on the site and/or on the App, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Power Monkey Fitness or other licensed employee, host, or representative, as well as other members or visitors on the site or App is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or App or use the site or App to solicit others to join or become members of any other commercial online service or other organization.
Power Monkey Fitness does not and cannot review all communications and materials posted to or created by users accessing the site and/or App, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site and/or App, Power Monkey is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Power Monkey reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Power Monkey in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Power Monkey Fitness Equipment, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site and/or App using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Power Monkey may link to sites operated by third parties. However, even if the third party is affiliated with Power Monkey, Power has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Power Monkey. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Power Monkey seeks to protect the integrity of its web site, App, and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Notice
Power Monkey may send notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
High Risk Activity
Products sold and services offered by Power Monkey Fitness are used in or conducted during high-risk sport activities including but not limited to gymnastics, yoga, fitness, weight training, cross-training, high intensity athletic activity and demonstration. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
Assumption of Risk
By buying, using, providing, or allowing the use of Power Monkey's products, or participating in any of Power Monkey’s camps, clinics, or services, you understand and agree that gymnastics, yoga, fitness, weight training, cross-training, high-intensity athletic activity and demonstration are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR ANY OTHER FAULT of Power Monkey including but not limited to equipment malfunction from whatever cause, or any other fault of Power Monkey. Additionally, you agree to indemnify, defend and hold Power Monkey harmless from any third party claims arising from such High Risk Activities or any other Power Monkey product or service.
Duty of Coaches, Trainers, Gyms to Inform Others of these Terms and Conditions
Before you allow others to use a Power Monkey product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury or property damage, and (c) you agree to indemnify, defend, and hold Power Monkey harmless from any claims made by them arising from their use of Power Monkey products.
Limited Replacement Warranty
Power Monkey Fitness warrants the Ring Thing® to be free from defects in materials and workmanship for a period of 1 year from date of purchase, provided it has not been subjected to obvious abuse, neglect, misuse or installation. Power Monkey's sole liability is limited to repairing or replacing Ring Things® that are returned within this 1 year period, unless specific product literature specifies otherwise.
WARRANTY DISCLAIMER
POWER MONKEY PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF POWERMONKEY. POWERMONKEY NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, APPLICATIONS, CATALOGS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ITS RETAIL SHOWROOM OR TOURNAMENTS. THE TERM "ORIGINAL PURCHASER" AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
Limitation of Liability
Power Monkey's liability is limited to repair or replacement of its products, which are returned to it prepaid within the relevant period. In no event shall Power Monkey's liability exceed the value of the products sold. Power Monkey shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Warning
Use and misuse of products sold through Power Monkey's websites, catalogs, or otherwise, including but not limited to its retail showroom or display in any other arena, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Power Monkey cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Power Monkey's websites, catalogs, or otherwise, including but not limited to its retail showroom or display in any other arena.
Inspect Before Each Use
This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Power Monkey for a replacement.
Use of the Power Monkey Training App
Your use of the Power Monkey Training App is subject to acceptance of all the above Terms and Conditions. Your use of the App is deemed understanding and acceptance of said Terms and Conditions. In addition to the above, you also agree to abide by the terms of the relevant Standard End User License Agreements supplied by either Apple for App Store Purchases or Google for Google Play purchases. The refund policy for the Power Monkey Training App will follow Apple’s refund policy for App Store purchases, or Google’s refund policy for Google Play purchases.
Power Monkey Fitness reserves the right to terminate your account on our website and/or App, as well as your access to our website and/or App in the case of abuse of this Terms and Conditions or in Power Monkey Fitness’ sole and absolute discretion.
App users may not modify, attempt to modify, reverse engineer, or in any way attempt to copy or replicate any code, software, or materials in the App. All content of the App including any code, software, or engineering used to develop the App is the intellectual property of Power Monkey Fitness and cannot be used, replicated, copied, or distributed in any way with the express written permission of Power Monkey Fitness.