TERMS OF SERVICE
The Shaw Elite Club (“Shaw Elite”, “we”, “our”, or “us”) provides its strength networking platform to you through its website located at club.shawstrength.com (collectively, the “Website”). Please read the following Terms of Service (“Terms”) carefully before using the Website.
THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH SHAW ELITE REGARDING YOUR USE OF THE WEBSITE AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
- Your Use of the Website
We hereby grant you a non-exclusive, personal, non-transferrable, limited license to use and access the Website in accordance with these Terms. The Website is provided to you as a convenience and for your information only. Shaw Elite does not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Shaw Elite has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and (vii) any information obtained in response to questions asked through the Website is accurate or complete. Your use of the Website is solely at your own risk.
- Use Restrictions
You may not use the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website or any Website Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
- Your Registration Obligation
You will be required to register with Shaw Elite in order to access and use certain features of the Website (“Registration Information”). If you choose to register, you agree, represent, and warrant that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering an account. If any of your Registration Information changes, you must promptly update it. We shall have no liability associated with or arising from your failure to maintain accurate, complete or up-to-date Registration Information. We are not responsible for verifying your Registration Information.
- Modifications to the Website
Shaw Elite reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Shaw Elite will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
- Monthly Subscription
To register for Shaw Elite, you will be required to pay a monthly subscription fee as set forth on Shaw Elite’s registration page. The monthly subscription fee is subject to change at our discretion. At the time of registration, you agree to pay the monthly subscription fee and any applicable taxes associated with it. You may cancel your monthly subscription to Shaw Elite at any time. To avoid additional charges, you must cancel your monthly subscription prior to the start of your next billing cycle. You can cancel your membership by within your profile at any time. Shaw Elite does not provide refunds for its monthly subscription charges,
- Website Ordering
Shaw Elite products offered for sale on the Website are available while supplies last. These products have limited quantities and are subject to return or exchange only according to our Return and Exchange Policy below. Shaw Elite makes every effort to display as accurately as possible the colors and images of our products. The images and photographs are meant to assist you and are for informational purposes only. Shaw Elite reserves the right, in our sole discretion, to change or discontinue any product. Shaw Elite further reserves the right, but is not obligated, to limit the sales of our products to any person, by any quantity, and to any geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product made on our Website is void where prohibited. We do not warrant that the quality of any products purchased or obtained by you will meet your expectations.
Shaw Elite’s monthly subscription fee and Website purchases are payable to Shaw Elite through our third-party payment processor, Stripe. By placing an order on our Website, you represent that you have read and agree to Shaw Elite’s Privacy Notice and these Terms. You understand that you will be liable for payment of the monthly subscription or for any product that is shipped to you.
When you make a payment, we will transfer you to a secure network provided by Stripe through which all transactions are processed. We do not retain any of your payment information. You agree to provide accurate purchase information so that we can (and Stripe) can complete your purchase. By providing us, or Stripe with a payment method, you (i) represent that you have authorized us to use that payment method; (ii) represent that any payment information you provide is true and accurate; and (iii) authorize us to charge you by using your selected payment method. Unless otherwise provided by law or pursuant to our Return and Exchange Policy, all purchases are final and non-refundable.
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase information for all purchases made through our Website. If your purchase information changes prior to the processing and receipt of your order, please contact us using the Contact Us details below.
- Return and Exchange Policy
Shaw Elite does not refund monthly subscription fees. Items purchased from the Website may be returned within thirty (30) days of purchase if unworn and in the original packaging. To initiate a return, please send back the item as directed on your invoice with a note indicating the reason for your return and your request for a refund. Refunds will not include shipping charges. All refunds will be given on the original purchase card.
- Shipping Terms
The accuracy of your shipping address must be confirmed before you submit your purchase. Incorrect or partial addresses could result in delays or lost shipments. Shaw Elite is not responsible for purchases lost due to incorrect or partial addresses. Shaw Elite is also not responsible for shipping delays caused by carriers. You are responsible for all shipping costs, taxes, or other obligations or costs relating to the delivery of your purchase.
- User-Provided Website Content
The Website permits the submission of content, including, reviews, feedback, questions, comments, and suggestions (“User Website Content”). You hereby grant (and you represent and warrant that you have the right to grant) to Shaw Elite an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Website Content. You assume all risks associated with your User Website Content and shall be solely responsible for the User Website Content and the consequences of submitting it. Shaw Elite cannot guarantee any confidentiality with respect to any User Website Content.
In submitting your User Website Content, such User Website Content may not include the following topics: politics, drugs, religion, sex, and any topic that may harass, insult, harm, slander, intimidate, or discriminate against other users of the Website. If you submit User Website Content that includes any such topic, Shaw Elite reserves the right, in its sole discretion, to terminate your access to the Website effective immediately with no refund to you.
- Medical Disclaimer
The Website does not contain or constitute and should not be interpreted as medical advice or opinion. You are responsible for ensuring that you are capable of safely using the Website or any product purchased thereon. You should consult a medical professional before using the Website or any product purchased thereon. You assume all risks of injury and any health-related issue.
- No Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE PRODUCTS THEREON ARE AT YOUR SOLE RISK. THE WEBSITE, WEBSITE CONTENT, AND USER WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO WARRANTY THAT WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, IS OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
You agree to defend, indemnify, and hold harmless Shaw Elite and our employees, service providers, clients, affiliates, subsidiaries, parents, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your use of the Website, Website Content, or User Website Content; (ii) your failure to comply with these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) any dispute between you and a third party; and (v) your willful misconduct.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHAW ELITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE WEBSITE, WEBSITE CONTENT, OR USER WEBSITE CONTENT, OR YOUR USE OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT, AND/OR USER WEBSITE CONTENT HOWEVER CAUSED AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY. SHAW ELITE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS, FOR INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE WEBSITE; DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE WEBSITE OR WEBSITE CONTENT; OR LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Intellectual Property
The Website and Website Content are owned and controlled by Shaw Elite. We expressly reserve all of our intellectual property rights in and to the Website and Website Content. No portion of the Website Content may be reproduced in any form or by any means, except as provided elsewhere in these Terms. We are the owner of, or are otherwise permitted to the use, all trademarks, service marks, and logos used and displayed on the Website. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Shaw Elite’s trademarks, service marks, or copyrights without our prior written permission. You may copy or print a single copy of any page from one of our Website for non-commercial purposes if you do not remove, modify or alter any copyright or proprietary rights notices that may be present. You may not otherwise: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of our Website; or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Website Content except as expressly permitted by Shaw Elite. Any violation of the Section 15 shall result in immediate removal from the Website without refund.
If you believe that another user of the Website is unlawfully infringing copyrighted material(s), and wish to have the allegedly infringing material(s) removed, you must provide the following in the form of a notification pursuant to the Digital Millennium Copyright Act (DMCA):
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the supposedly infringing material that is to be removed;
- Information reasonably sufficient to permit us to locate the material on the Website;
- Your address, telephone number, or email address;
- A statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
- A statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and
- Your physical or electronic signature.
The notification must be submitted to our Copyright Agent at: [email protected]
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a written communication containing the following:
- Identification of the supposedly infringing material that is to be removed;
- A statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that You will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- The signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
- Errors, Inaccuracies, and Omissions
Occasionally Website Content may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel enrollments if any information on the Website is inaccurate at any time without prior notice (including after you have enrolled). We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law.
- Governing Law
You agree that all matters relating to your access to or use of the Website will be governed by the laws of the State of Colorado without regard to any conflict of laws principles.
- Dispute Resolution
In the event the parties are not able to resolve any dispute between them arising out of our concerning these Terms, then any such dispute, claim, controversy, action, or proceeding arising out of or relating to the Website (a “Dispute”) will be determined by final and binding arbitration in Brighton, Colorado before a single arbitrator. The American Arbitration Association (“AAA”) will administer the arbitration in accordance with the AAA rules. The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration. You and Shaw Elite will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, Shaw Elite, nor the arbitrator may disclose the existence, contents, or results of any arbitration under these Terms without the prior written consent of you and Shaw Elite. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. This Section 19 will not preclude you or Shaw Elite from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding Section 18 above with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein.
Notwithstanding anything herein to the contrary, Shaw Elite reserves the right to seek injunctive relief if you use the Website in violation of the rights granted herein or infringe upon or misappropriate any intellectual property rights of Shaw Elite.
- Termination of Service
We may suspend or terminate your right to access the Website, at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Shaw Elite, to the business of our Internet service provider, or as we otherwise deem appropriate, in our sole discretion.
- Age Restrictions
You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms.
Shaw Elite collects and uses personal information about you when you access and use the Website in accordance with our Privacy Notice [hyperlink].
- Electronic Communications
By using the Website, you consent to receive electronic communications from Shaw Elite unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Third-Party Links
The Website may include links and Website Content provided by third parties (“Third-Party Website Content”). Third-Party Website Content is provided for your convenience and information only. Third-Party Website Content is not under our control and Shaw Elite is not responsible for the content of any Third Party Website Content. The inclusion of Third Party Website Content does not imply endorsement, affiliation, partnership, or sponsorship by Shaw Elite. Use of any Third Party Website Content is at your own risk.
- Local Laws
Shaw Elite makes no representation that the Website or Website Content are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
- Export Restrictions
The Website or Website Content may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website or Website Content, or any products utilizing such data, in violation of the United States export laws or regulations.
In the event that any provision of these Terms is determined to be unlawful, void, or enforceable by a court of competent jurisdiction, all remaining provisions shall remain in full force and effect.
- Changes To These Terms
Shaw Elite may revise these Terms, the Website, the Website Content, or stop providing the Website and/or Website Content at any time and without notice to you. We encourage you to review these Terms frequently, the date of the most recent revision to these Terms appears at the end of these Terms. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
If you have any questions about these Terms, please contact us at [email protected].
Effective as of September 10, 2020