Terms Of Service

OVERVIEW

These Terms of Service ("Terms") govern your access to and use of the website www.powergymstore.com (the "Site") and all related information, tools, products, and services available from the Site (collectively, the "Services"). The Site and Services are operated by Bibo LLC ("we," "us," or "our").

By visiting our Site, accessing the Services, or purchasing anything from us, you engage in our "Service" and agree to be bound by these Terms. These Terms incorporate any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the Site, including without limitation browsers, vendors, customers, merchants, and content contributors.

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Bibo LLC. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Any new features or tools added to the current store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It's your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that enables us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you confirm you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.

The Services are not designed to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Gramm-Leach-Bliley Act (GLBA)). If your interactions would be subject to such laws, you must not use the Services.

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted across various networks and may be changed to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain historical information, which is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it's your responsibility to monitor changes to our Site.

SECTION 4 - INTELLECTUAL PROPERTY RIGHTS

Our Proprietary Rights

We own or license all intellectual property rights in our Services, including all content, features, designs, software, and other proprietary materials ("Our Content"), as well as our trademarks, service marks, logos, and trade dress ("Our Marks"). Our Content and Our Marks are protected by copyright, trademark, and other intellectual property laws worldwide.

Our Content and Our Marks are provided to you on an "as-is" basis for your personal, non-commercial use only through the Services.

Your Use of Our Services

Subject to your compliance with these Terms, including the "Prohibited Uses" section, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services, and to download or print portions of Our Content, strictly for your personal, non-commercial purposes.

Unless expressly permitted in these Terms or with our prior written consent, you may not copy, reproduce, display, distribute, sell, license, or otherwise exploit any part of the Services, Our Content, or Our Marks for any commercial purpose.

If you wish to use Our Content or Our Marks beyond what's permitted here, please contact us at support@powergymstore.com. If we grant permission to use any part of Our Content, you must properly credit us as the owner and ensure any copyright or proprietary notices remain visible.

Any violation of these Intellectual Property Rights will be considered a serious breach of these Terms, and your right to use our Services will be immediately terminated.

Your Submissions and Contributions

This section outlines your responsibilities and the rights you grant us when you provide content through our Services. Please review it carefully, along with the "Prohibited Uses" section.

Submissions: If you send us any questions, comments, suggestions, ideas, or feedback about the Services ("Submissions"), you automatically assign all intellectual property rights in that Submission to us. We will then own these Submissions and can use and distribute them for any lawful purpose, commercial or otherwise, without any obligation to acknowledge you or provide compensation.
Contributions: Our Services may allow you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials, including text, images, videos, audio, and reviews ("Contributions"), through features like blogs, forums, or messaging. Any Submission that you publicly post will also be considered a Contribution. You understand that your Contributions may be visible to other users.
License Grant for Contributions: By posting any Contributions, you grant us a worldwide, unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid license to use, copy, reproduce, distribute, publish, display, perform, reformat, translate, excerpt, and create derivative works from your Contributions (including your image, name, and voice). This license extends to any purpose, commercial, advertising, or otherwise, and allows us to sublicense these rights. Our use and distribution can occur in any media formats and channels. This includes use of your name, company name (if applicable), and any associated trademarks or logos you provide.
Your Responsibility for Content: By providing Submissions or Contributions, you affirm that:

You have read and agree to our "Prohibited Uses" and will not post anything illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
To the extent allowed by applicable law, you waive any "moral rights" you may have in your Submissions and/or Contributions.
Your Submissions and/or Contributions are original to you, or you have the necessary rights and licenses to grant us the rights mentioned above, and that you have full authority to do so.
Your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and Contributions. You expressly agree to reimburse us for any losses we may suffer due to your breach of this section, infringement of any third party’s intellectual property rights, or violation of applicable law.

Our Right to Manage Content: While we are not obligated to monitor any Contributions, we have the right to remove or edit any Contributions at any time without notice if we reasonably believe such Contributions are harmful or breach these Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright Infringement Claims

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to our "Digital Millennium Copyright Act (DMCA) Notice and Policy" section below (or hyperlink to your separate DMCA Policy).

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://powergymstore.com/pages/returns-exchange-policy.

We strive to accurately present the colors, features, specifications, and details of products available on our Services. However, we cannot guarantee that these aspects will always be entirely accurate, complete, reliable, current, or error-free. Your electronic display might not perfectly reflect actual colors and details. All products are subject to availability, and we don't guarantee items will be in stock. We reserve the right to discontinue any products at any time for any reason. Product prices are also subject to change without notice.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services that we offer. 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 or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We accept various payment methods, including Visa, Mastercard, American Express, Discover, PayPal, Shopify Payments, Shop Pay, Apple Pay, Google Pay, Afterpay, and Klarna.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

SECTION 8 - THIRD-PARTY TOOLS AND LINKS

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion. You should ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services will also be subject to these Terms.

Third-Party Links

Certain content, products, and Services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and will be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://powergymstore.com/pages/privacy-policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) using or promoting your affiliate account on coupon clipping sites and use of general coupon codes (e.g., PWG10, PowerGymStore, etc.).

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES WHATSOEVER.

To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

In no case shall Bibo LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to defend, indemnify, and hold Bibo LLC harmless, along with our subsidiaries, affiliates, and our respective officers, agents, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses, asserted by any third party. This indemnification covers claims arising out of or related to: (1) your User Content or Contributions; (2) your use of the Services; (3) your breach of these Terms; (4) any breach of your representations and warranties stated in these Terms; (5) your violation of the rights of any third party, including but not limited to intellectual property rights or privacy rights; or (6) any willful misconduct or grossly negligent act by you toward any other user of the Services with whom you connected via the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully, at your expense, with our defense of such claims. We'll make reasonable efforts to notify you of any such claim, action, or proceeding that falls under this indemnification as soon as we become aware of it.

SECTION 15 - DISPUTE RESOLUTION

Informal Negotiations

To facilitate efficient and cost-effective resolution of any dispute, controversy, or claim arising from or relating to these Terms (each, a "Dispute" and collectively, the "Disputes") between you and us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first engage in good faith informal negotiations for at least sixty (60) days before initiating any formal proceeding. Such informal negotiations shall commence upon written notice from the Party asserting the Dispute to the other Party. This informal negotiation requirement does not apply to Disputes concerning intellectual property rights or requests for injunctive relief.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, where applicable, the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"). You acknowledge and understand that by agreeing to this provision, you are waiving your right to a trial by jury or to participate in a class action.

The arbitration shall take place in Wilmington, Delaware. The arbitrator will issue a written decision and award, which shall be final and binding upon the Parties. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration may be conducted in person, by document submission, by phone, or online, as determined by the arbitrator and in accordance with the AAA Rules. Your arbitration fees and arbitrator compensation shall be governed by the AAA Rules and, where applicable, limited by the AAA Consumer Rules.

The Parties retain the right to seek judicial intervention to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator.

Governing Law and Jurisdiction

These Terms and any Disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is expressly excluded.

Should any Dispute proceed in a court of law rather than through arbitration, such Dispute shall be commenced and prosecuted exclusively in the state and federal courts located in Wilmington, Delaware. The Parties irrevocably consent to the personal jurisdiction of such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in these courts.

Time Limitation on Actions

Any Dispute brought by either Party related in any way to the Services or these Terms must be commenced within two (2) years after the cause of action accrues. If this provision is deemed illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that unenforceable portion, and such Dispute shall be decided by a court of competent jurisdiction within the courts specified above, with the Parties agreeing to submit to the personal jurisdiction of that court.

Restrictions on Class Actions and Consolidated Proceedings

The Parties expressly agree that any arbitration or other dispute resolution proceeding shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined or consolidated with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

SECTION 16 - ACCESSIBILITY

We are committed to making our Services accessible to all users, including those with disabilities. We strive to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards to ensure that our Site and Services are perceivable, operable, understandable, and robust for everyone.

If you encounter any accessibility barriers while using our Services, or have suggestions on how we can improve accessibility, please contact us immediately at support@powergymstore.com. We take all feedback seriously and will make reasonable efforts to address your concerns and enhance the accessibility of our platform.

SECTION 17 - MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or we may accordingly deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms, along with any policies or operating rules posted by us on this Site or in respect to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party. You agree that these Terms will not be construed against us by virtue of having drafted them. You also waive any defenses based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms should be sent to us at support@powergymstore.com.

Our contact information is:

Bibo LLC

16192 Coastal Highway

Lewes, DE, 19958

support@powergymstore.com