Welcome to the website and online store of The Gym Peoples. By accessing or using our site, mobile apps, or any related products or services (collectively referred to as the “Services”), you agree to be bound by these Conditions of Use and our Privacy Policy and Consent.
Please review these terms carefully before using the Services. By using the Services, you agree to these terms. If you do not agree, do not use the Services.
1. Overview
The Gym Peoples provides an ecommerce website and mobile apps selling athletic apparel, gear, and other products to help our customers reach their fitness goals. These Conditions of Use govern your access to and use of the Services.
2. Accepting These Terms
By accessing the Services, you confirm:
- You have read and understand these terms.
- You have the authority to enter into these terms or are over the age of majority and have consent from your parent or guardian.
- You will use the Services in accordance with these terms and all applicable laws.
If you do not agree to these terms, you may not use the Services.
3. Changes to These Terms
The Gym Peoples may modify these Terms of Use at any time by posting the revised terms on the website. Your continued use of the Services after revised terms are posted constitutes acceptance. It is your responsibility to check the website for changes.
4. Account Registration
You may need to create an account to use certain features or functions. When registering, you agree:
- To provide accurate, current and complete information.
- To protect account passwords and immediately notify us of any unauthorized use.
- That we may take steps to verify your identity before granting account access.
- That account usernames may not impersonate or misrepresent any person or entity.
5. Ordering Products
When placing orders through the Services, you agree:
- Product details, availability and prices are subject to change without notice. Display of an item on the website is not a guarantee of availability.
- Orders are subject to acceptance, which we indicate through order confirmation. We reserve the right to refuse service to any customer for any lawful reason.
- Charges and billing correspond with the price as listed at time of purchase plus any applicable sales tax.
- You are authorized to provide the payment information supplied during checkout.
6. User Content
“User content” means any material posted or shared through your use of the Services. You are solely responsible for user content you submit.
By posting user content, you grant The Gym Peoples permission to use it in connection with operating and promoting the Services. You retain ownership of and responsibility for your user content.
You may not submit or share content that is illegal, offensive, threatening, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of another’s privacy. We may moderate or remove user content at our discretion.
7. Copyright and Trademark
The Gym Peoples respects intellectual property rights. Users may not copy, distribute, modify or create derivative works from content without express authorization.
The Gym Peoples logos and brand elements are trademarks. All other product and company names are trademarks of their respective owners. You may not use our trademarks without advance written permission.
8. Return Policy and Warranty
Details about eligible returns and exchanges are outlined in our Return Policy.
Warranty coverage for products is outlined in our Warranty Policy. Please inspect merchandise upon receipt and contact us with any problems following the process in the policy.
9. Disclaimer of Warranties
The services are provided on an “as is” and “as available” basis without warranties of any kind. The Gym Peoples expressly disclaims all warranties, whether express, implied or statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose.
The Gym Peoples does not represent or warrant services will meet your expectations or requirements, or that access will be uninterrupted or error-free. We cannot and do not guarantee accuracy of information. You assume full risk and responsibility for your use of the services.
10. Limitation of Liability
The Gym Peoples shall not be liable for any indirect, incidental, special, punitive or consequential damages arising from use of the services.
This limitation applies regardless of legal theory and whether damages were foreseeable or not. In jurisdictions limiting liability such as liability for consequential damages, our liability is limited to the greatest extent permitted by law.
11. Indemnification
You agree to release, defend, indemnify and hold The Gym Peoples harmless from all third party claims and expenses, including reasonable attorneys’ fees, arising from:
- Your breach of these terms
- Your violations of any laws
- Your negligence or misconduct
- Any user content you provide
- Your violation of any third party rights
We reserve the right to assume exclusive defense and control in any matter covered by this section. You agree to cooperate with us upon request in defending lawsuits.
12. Termination
We reserve the right to suspend, deactivate or terminate your account if you materially breach these terms, upon reasonable notice, or immediately for severe violations. You may cancel your account at any time by contacting us.
If accessing the Services on a free trial basis, your access may be terminated at the end of the trial period. We reserve the right to modify or discontinue the Services without notice and shall have no liability for service suspension or termination.
13. Governing Law
These Terms shall be governed by the laws of the State of Ohio. You agree to submit to personal jurisdiction and venue in the state and federal courts in Hamilton County, Ohio.
14. Complete Agreement
These terms constitute the entire agreement between you and The Gym Peoples related to use of the Services. They supersede any prior agreements or understandings not incorporated herein.
Thank you for being a customer of The Gym Peoples! Please contact us if you have any questions.