NOTE: THIS SITE IS LOCATED IN THE UNITED STATES OF AMERICA, AND U.S. LAWS WILL APPLY
ACCEPTANCE OF TERMS THROUGH USE
Carolina Creative Creations, LLC (collectively, Carolina Creative Creations, ‘we’, or ‘us’, or ‘our’) provides products, services, content and features through our website
(including) (the ‘Site’), through our equipment interfaces, mobile and desktop or device applications (collectively, the ‘Service’). By registering with us, or by visiting, browsing, or using the Service in any way, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use (“Terms”) please do not use the Service. We reserve the right to change these Terms, and your continued use of the Service constitutes agreement to all such changes. Please check the Terms periodically for changes.
If you engage with us through a social media platform these Terms are in addition to any terms and conditions governing the relevant social media platform. If you access the Services through an application platform on your device (such as Google Play or Apple’s App Store) these Terms are in addition to any terms and conditions governing the relevant application platform, including, without limitation, any terms applicable to subscription Services accessed through such application platforms. We have no liability or responsibility for the third-party content, products or services available on any third-party platform or the actions or inactions of any third-party platform or any other user of such third-party platform.
All content on this site, including text, pictures, forms, and videos, is for illustrative purposes only. You agree to use appropriate support during all utilization of any material on the Site or our products. In the event of an emergency, cease using the Site immediately and call 911 for help.
LICENSE AND USE OF THE SERVICE
The Service is intended for personal, non-commercial use. Subject to your compliance with these Terms, we grant you a limited non-transferable, non-exclusive, revocable license to access and make personal use of the Service for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
This license includes the right to view content available on the Service. You may print, copy and download any content available on the Service for your personal use only. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading or copying of information for the benefit of a merchant or third party; or any use of data mining, robots, or similar data gathering and extraction tools without our express written consent.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray us or the Service in a false, misleading, derogatory, or otherwise offensive matter.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use for commercial or public purposes in whole or in part any portion of the Service, except for the purposes expressly provided herein, without our prior written approval.
To make purchases through the Service, or for access to certain features of the Service, you may be required to register and/or create an account, or to provide information about yourself (such as payment, identification or contact details). You agree that any information you provide to us will always be accurate, correct and up to date. If you create or are provided a password in connection with your use of the Service, you are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately. You hereby certify that any email account you provide to us is registered to you.
A breach or violation of any of these Terms, as determined in the sole discretion of us, may result in an immediate termination of your account and/or access to the Service. In addition, we may immediately terminate or suspend any paid subscription portion of the Service, without notice, if subscription fees are overdue.
Unauthorized use of the Service, including, but not limited to, unauthorized entry into our systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Service in any manner that could damage, disable, overburden, or impair any element of the Service or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks connected the Service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Service that are contrary to applicable laws or regulations. Any unauthorized use of the Service terminates the permissions and license granted hereunder.
You acknowledge and agree that if we disable access to your account, for any reason, you may be prevented from accessing certain features of the Service, your account details or any files or other content which is contained in your account. We may, but have no obligation to, remove content or accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Except as expressly set out in these Terms, under no circumstances will we have any liability to provide access to your account details, files, data, or content which is contained in your account, or for any such data or content being lost or destroyed.
USE BY MINORS
The Service is intended for use by users who are eighteen (18) years of age or older. Access to or use of the Service by anyone under eighteen (18) without the express permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms. By using the Service, you represent and warrant that you are eighteen (18) or older, or that your parent or guardian has registered you through the Service and has expressly given you permission to use the Service and that you agree to abide by these Terms. Use of the Service by anyone under the age of fourteen (14) is strictly prohibited.
DISCLAIMER OF WARRANTIES
We hereby warrant that our products and the Service will be free from defects in material and workmanship for a period of thirty (30) days from the date of purchase or first access to the Site. Your sole and exclusive remedy for a breach of the foregoing warranty is replacement at no additional cost. The Service is provided on an “AS IS,” and “AS AVAILABLE” basis. You therefore use the Service at your own risk. Other than expressly provided in writing by us in connection with your purchase of our product (for example, our exercise equipment), we do not warrant the Service, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. We will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you as part of the Service. We cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither we, nor any of our directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Service, or resulting from the act or omission of any other party involved in creating the Service, including the data contained in, or the products or services offered as part of, the Service, or from any other cause relating to your access to, inability to access, or use of the Service, whether or not the circumstances giving rise to such cause may have been within the control of us or of any third party vendor. This includes, but is not limited to, failure of mechanical or electronic device, equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these Terms. We do not represent or warrant to you that: (a) your use of the Service will meet your requirements; (b) your use of the Service will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the
Service will be accurate or reliable; or (d) that defects in the operation of functionality of any Software provided to you as a part of the Service will be corrected.
DISCLAIMER REGARDING MEDICAL AND PROFESSIONAL ADVICE
Our products and the Service and material provided on the Service are for general informational purposes only and we are not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or treatment on a medical condition. We are not intended to be a substitute for professional medical or psychological advice, diagnosis, or treatment. You are responsible for your own health, research and decisions. By using or registering to use the Service, you certify that you are a healthy individual or have received consent from your physician to use our products, and participate in the programs, workouts, and exercises that you participate in in connection with the Service. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury or death.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Service, or any health problems that may result from the products or events you learn about through the Service or us. If you engage in any exercise program you receive through the Service, you agree that you do so at your own risk and are voluntarily participating in these activities. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
Attention: Not all workout routines, exercises and/or activities are suitable for everyone. Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert.
INTELLECTUAL PROPERTY
All content, Software, and other materials included on the Service, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is our property or our licensors or users and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The compilation of all content on the Service is the exclusive property of us and protected by U.S. and international copyright laws.
The ToneBow logo and any other product or service name or slogan contained on the products or Service are trademarks and/or service marks of us, our suppliers, partners, or licensors, or other third party.
You are prohibited from using any such marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of us or such third party, which may own the marks.
You may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent.
If you copy or download any information or content from the Service, you agree that you will not remove or obscure any copyright or trademark or other notices or legends contained in any such information.
All rights not expressly granted in these Terms are reserved.
LINKS
The Service contains links to third party Web sites and services. These links are provided only as a convenience. Further, third party Web sites and services may link to our Sites through our affiliate marketing program or otherwise. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any third party Web site or services. In no event shall we be responsible for the information contained on such sites or services, or your use of or inability to use such site or services. You should also be aware that the terms and conditions of such site or services and the third party’s privacy policy may be different from those applicable to your use of the Service.
SUBMISSIONS
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Service or our other products or services that are provided by you to us are non-confidential and shall become the sole property of ours. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to the Sites; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity
ACCEPTABLE USE
You are responsible for your use of the Service, and for any use of the Service made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Service, you may not:
violate any law or regulation; violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; send unsolicited or unauthorized advertising or commercial communications, such as spam; engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service; transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; stalk, harass, or harm another individual; impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; use any means to scrape or crawl any Web pages contained in the Service; attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the
Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service; or advocate, encourage, or assist any third party in doing any of the foregoing.
PRODUCT REVIEWS AND USER CONTENT
The Service may include a product review feature, and the Service includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items CUser Content’) on the Service. User Content also includes any content you post on our controlled social media sites. As between us and you, you retain ownership of any intellectual property rights that you hold in that User Content.
Where we have made settings available, we will honor the choices you make about who can see content or information. Except where limited by such settings, when you upload, submit, send, or receive User Content to or through the Service, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations or adaptations), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Service, to develop new products and services, and for other business or marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your user Content may be viewed by you or others, and we may use your User Content to advertise and promote us or the Service. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Service.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Service for any reason.
DMCA/COPYRIGHT POLICY
We respect the intellectual property of others and expects our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
We will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Service, then send us a written notice that includes all the following:
a legend or subject line that says: “DMCA Copyright Infringement Notice”; a description of the copyrighted work that you claim has been infringed; the URL of the site and a description of where the material that you claim is infringing is located on that site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, your electronic or physical signature.
We will only receive DMCA notices by mail or email directed to our Designated Agent at the addresses below:
By Mail:
We may elect to not respond to DMCA notices that do not comply with all the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
PRODUCT AND SERVICE DESCRIPTIONS
We attempt to be as accurate as possible. However, we do not warrant that product and service descriptions or other content available on the Service is accurate, complete, reliable, current, or error-free.
SHIPPING AND RISK OF LOSS
All items purchased from the Service are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRICING
Despite our best efforts, a small number of the items or features on the Service may be mispriced due to system or typographical errors. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If we discover a mispricing on items available for sale on the Service, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices.
INTERNATIONAL USE
The Service is controlled and operated from the United States of America. If you access the Service from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. We make no representation that materials on the Service are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws.
INDEMNIFICATION; WAIVER AND RELEASE
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, shareholders, consultants, information providers and suppliers from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through our Service or your use of or inability to use the Service, including without limitation any actual or threatened suit, demand or claim made against us and/or our independent contractors, service providers, employees, directors or consultants, arising out of or relating to the content, your conduct, your violation of these Terms or your violation of the rights of any third party.
You hereby release and forever waive any and all claims you may have against us, our officers, directors, employees, agents, shareholders, consultants, information providers or suppliers for losses or damages you or others sustain in connection with your use of the Service.
LIMITATION OF LIABILITY
NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SHAREHOLDERS, CONSULTANTS, INFORMATION PROVIDERS OR SUPPLIERS, SHALL HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER,
INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL,
ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA
AND THE LIKE) ARISING OUT OF THE SERVICE OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT PROVIDED ON THE
SERVICE OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY IN USE OR
ACCESS TO THE SERVICE OR CONTENT PROVIDED THROUGH THE SERVICE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICE OR
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE
GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY,
NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE
TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE
OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY
THE TOTAL LIABILITY OF US OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SHAREHOLDERS, CONSULTANTS, INFORMATION PROVIDERS OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE
GREATER OF $50.00 OR AN AMOUNT EQUAL TO ANY FEES PAID BY YOU TO US FOR THE SERVICE (AND NOT FOR PURCHASE OF EQUIPMENT OR OTHER PHYSICAL PRODUCTS) DURING THE PRECEDING 3 MONTHS.
ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or features of the Service. For example, additional terms may be set out for a particular feature or application or included in product manuals or brochures when you purchase products using our Service. If there is a conflict between these Terms and any additional terms, the additional terms will control.
APPLICABLE LAW
Except as otherwise stated herein, these Terms constitute the entire agreement between you and us concerning your use of the Service, superseding any prior agreements between you and us with respect to the Service. These Terms and the relationship between you and us shall be subject to the internal laws of the State of North Carolina without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.
SEVERABILITY
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
WAIVER OF RIGHTS
Our failure or delay in enforcing an obligation, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Us waiving a breach of a term does not amount to a waiver of a breach of any other term in this agreement. A waiver by us of a particular obligation in one circumstance will not prevent us from subsequently requiring compliance with the obligation on other occasions.
TERMINATION
Notwithstanding these Terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent future your access to and use of the Service.
QUESTIONS
For questions regarding these Terms or the Services please contact Customer Service at Tonebow.com question page..