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Terms of Service

TERMS OF USE

Welcome to the Valor Fitness website (the "Site"). Valor Athletics Inc. d/b/a Valor Fitness (“Valor Fitness”) provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition or to ensure that you are well enough for physical activities. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site of products that are not manufactured by Valor Fitness are that of the vendor and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

MOBILE TERMS & CONDITIONS

Valor Fitness offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 58549. By participating in the Service, you are agreeing to these Terms and to the valorfitness.com/policies/privacy-policy. 

Signing Up and Opting-In to the Service 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Valor Fitness reserves the right to stop offering the Service at any time with or without notice. Valor Fitness also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

By opting into the Service, you: 

  1. Authorize Valor Fitness to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, valorfitness.com/pages/contact-us. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive 

Once you affirm your choice to opt-in to the Service on 58549, your message frequency may vary. You may receive alerts about: 

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Charges and Carriers 

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Valor Fitness may add or remove any wireless carrier from the Service at any time without notice. Valor Fitness and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

To Stop the Service 

To stop receiving text messages from Valor Fitness, text the word STOP to 58549 any time or reply STOP to any of the text messages you have received from Valor Fitness.  This is the exclusive method for opting out.  After texting STOP to 58549, you will receive one additional message confirming that your request has been processed.

Questions 

You can text HELP for help at any time to 58549. This will provide you with info@valorfitness.com. You can also contact us by phone at (727) 895-9525 or by mail at 10351 72nd Street N, Seminole, FL 33777. 

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice. 

 

    REVIEWS & COMMENTS

    Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

    In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove, or edit any Submissions (including comments or reviews) for any reason.

    INTELLECTUAL PROPERTY

    All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Valor Fitness, or its affiliates, or is being used by Valor Fitness under license. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Valor Fitness or its affiliates. All software used on this Site (the "Software") is the property of Valor Fitness, its affiliates, or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. VALOR FITNESS FITNESS, VALOR FITNESS (& design), the Valor Fitness R (& design), and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Valor Fitness, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

    PRIVACY POLICY

    Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Read our Privacy Policy.

    RISK OF LOSS; USE OF ACCOUNT

    The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. If you use a Valor Fitness account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Valor Fitness does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Valor Fitness services only with involvement of a parent or guardian. Valor Fitness reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion.

    TERMINATION & EFFECT OF TERMINATION

    In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

    INTERNATIONAL ACCESS

    This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.

    DISCLAIMER AND LIMITATION OF LIABILITY

    EXCEPT AS OTHERWISE SET FORTH ON THIS SITE, INCLUDING WITHOUT LIMITATION THE PRODUCT DESCRIPTIONS OF SPECIFIC PRODUCTS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

     

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

    TYPOGRAPHICAL ERRORS

    In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether 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, we shall immediately issue a credit to your credit card account in the amount of the charge.

    LINKS

    This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

    COPYRIGHT COMPLAINTS

    We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at the bottom of this page.

    REMEDIES

    You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

    No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees, and expenses.

    No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.

    APPLICABLE LAW

    This site is created and controlled by us in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

    DISPUTES

    Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Columbus, Florida, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Florida. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

    SERVERABILITY

    If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

    OUR ADDRESS

    Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

    Valor Fitness

    10351 72nd St, Seminole, FL 33777

    NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed.

          • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
          • A description of the copyrighted work that you claim has been infringed upon.
          • A description of where the material that you claim is infringing is located on the site.
          • Your address, telephone number, and e-mail address.
          • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
          • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Our Copyright Agent for notice of claims of copyright infringement on its site is:

    Valor Fitness

    Attn: Intellectual Property

    10351 72nd St, Seminole, FL 33777

    info@Valorfitness.com

    VALOR FITNESS APP TERMS OF USE

    Applicable from: 9 November 2016.

    The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Coulter Ventures Inc., dba Valor Fitness, and its affiliates (“Valor Fitness”). This EULA governs your use of Software and Services (as specified below). By installing or using the Software you agree to be bound by the terms of this EULA. If you do not accept the terms of this EULA, do not install, use, or access the Software.

    For purposes of this EULA "Software" means the Valor Fitness mobile application software and all data or content that is accessed or utilized by the Valor Fitness mobile application software. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials (collectively, the “Services”.)

    THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE VALOR FITNESS SOFTWARE OR SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE VALOR FITNESS SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.

    1. LICENSES

      SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Valor Fitness hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single iPhone, iPod Touch or iPad you own, and to maintain a single copy as backup on your personal computer, solely in machine executable code and solely for your personal use. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software. Subject to this EULA and its terms and conditions, Valor Fitness hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Valor Fitness, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

      LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Valor Fitness's termination of this EULA. Your license terminates immediately if you violate any of the terms of this EULA.

      OWNERSHIP; NO OTHER LICENSES. Valor Fitness licenses, and does not sell, the Software to you pursuant to the terms of this Agreement. Valor Fitness retains all right, title, and interest in and to the Software, including any changes, updates, corrections, or modifications to the Software. The Software is protected by applicable laws and treaties throughout the world, and may not be copied, reproduced, translated, or distributed in any manner or medium, in whole or in part, without prior written consent from Valor Fitness. All rights not expressly granted to you herein are reserved by Valor Fitness.

      2. GENERAL LICENSE CONDITIONS

      You agree not to: (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Software, any copies thereof, or any passwords or usernames of Valor Fitness Services, without the express prior written consent of Valor Fitness or as set forth in this EULA; (iii) make a copy of the Software (other than as set forth herein); (iv) make the Software publicly available or available on a network for use or download by multiple users; (v) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software, in whole or in part; (vi) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (vii) scrape, build databases or otherwise create permanent copies of content returned from the Valor Fitness Services.

      The Software may require an internet connection to access the Software or its internet-based features, authenticate the Software, or perform other functions. For certain features of the Software to operate properly, you may be required to have and maintain an adequate internet connection. By using the Software, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information.

      3. PERSONAL INFORMATION; PRIVACY POLICY

        By installing, accessing, or using the Software you consent to the collection, retention, and processing of your personal information (which may include the location of your device). By using the Software, you acknowledge and agree that you consent to Valor Fitness’s privacy policy as set forth http://www.Valorfitness.com/privacy-policy

        4. WARRANTY

          TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. VALOR FITNESS AND VALOR FITNESS’S LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. VALOR FITNESS AND VALOR FITNESS’S LICENCORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE VALOR FITNESS SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE VALOR FITNESS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE VALOR FITNESS SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER VALOR FITNESS SERVICES OR THAT ANY ERRORS IN THE VALOR FITNESS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY VALOR FITNESS OR VALOR FITNESS’S LICENCORS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

          5. LIMITATIONS OF LIABILITY

            IN NO EVENT WILL VALOR FITNESS, VALOR FITNESS’S AFFILIATES OR VALOR FITNESS’S LICENCORS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT VALOR FITNESS OR VALOR FITNESS’S LICENCORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, VALOR FITNESS’S LICENCORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

            BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PER-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

            IN NO EVENT SHALL VALOR FITNESS’S, VALOR FITNESS’S AFFILIATES’, VALOR FITNESS’S LICENCORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED FIFTY DOLLARS.

            6. OTHER TERMS AND CONDITIONS

              SUGGESTIONS: Valor Fitness appreciates the interest shown by its customers and users who send Valor Fitness unsolicited ideas and suggestions. If you have sent, or are considering, sending an idea to Valor Fitness be aware that your idea or suggestion may have already been considered by Valor Fitness and not been pursued, currently be under development, been targeted for patent protection, already be in commercial production, or be the subject of some other action already taken by Valor Fitness. If you decide to send or make available to Valor Fitness any idea or suggestion or other feedback related to Valor Fitness’s products or otherwise, you agree to be bound by Valor Fitness’s submission policy as set forth here HTTP://Colorfastness/forms/the-suggestion-box

              EXPORT LAWS: You acknowledge and agree that the laws and regulations of the United States restrict the export or re-export of certain commodities and technical data originated in the United States. You hereby agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any other jurisdiction. By installing or using the Software you represent and warrant to Valor Fitness that you are not (i) a national or resident of any country or jurisdiction to which the United States has embargoed goods, or (ii) on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders.

              GOVERNMENT END USERS: This Software and related documents are “Commercial Items” as defined in 48 CFR Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as defined in 48 CFR Sections 12.212 or 227.7202. The Software and related documentation are being licensed to U.S. Government end users solely as “Commercial Items” and with only the rights granted to all end-users pursuant to this EULA.

              TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all its component parts and cease and desist from accessing any Valor Fitness Services.

              EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, Valor Fitness will be irreparably damaged, and therefore you agree that Valor Fitness shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.

              INDEMNITY: You agree to indemnify, defend and hold Valor Fitness, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Valor Fitness Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.

              GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of the State of Florida, as applied between Florida residents within the jurisdiction of the State of Florida, without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply, and it is expressly excluded from this EULA.

              END USER TERMS REQUIRED BY APPLE: You hereby acknowledge and agree that: (i) this EULA is concluded between you and Valor Fitness, and not Apple, Inc .(“Apple”); (ii) Valor Fitness and its licencors (and not Apple) are solely responsible for the Software, and any related maintenance or support; (iii) Apple has no responsibility to provide maintenance or support related to the Software; (iv) in the event that the Software fails to conform to any applicable warranty you may apply to Apple for a refund of any purchase price paid for the Software; (v) to the maximum extent permitted by applicable law Apple has no other warranty obligations whatsoever with respect to the Software; (vi) Apple is not responsible for addressing any claims that you may have arising out of your use of the Software; (vii) Apple has no responsibility for investigating, defending, settling or discharging any third-party claim that the Software infringes such third-party’s intellectual property rights; and (viii) Apple and its subsidiaries are third-party beneficiaries of this EULA, and that by accepting this EULA you acknowledge and agree that Apple has the right, and will be deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated as a “terrorist supporting country” by the U.S. government; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT info@Valorfitness.com or www.Valofitness.com