Terms of Use

This web page represents a legal document and is the Terms of Use (Agreement) for our website, https://shopgymwear.com. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. 

Definitions

The terms "us" or "we" or "our" refers to Shop Gym Wear, the owner of this Website. A "Visitor" is someone that merely browses our Website. A "Member" is someone who has registered with our Website to use our Services. The term "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our "Content". We distinguish content posted by our Members as "Member Content".

Acceptance of Agreement

This Agreement is between you and Shop Gym Wear. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Shop Gym Wear, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions as well as the Frequently Asked Questions section will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Any violation of this Agreement will subject you to an immediate termination of your product marketing campaign, potential forfeiture of any and all profit, and potential suspension or termination of your Membership.

If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default or violation of this Agreement by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Limited License

Shop Gym Wear grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Shop Gym Wear.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Shop Gym Wear or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Shop Gym Wear AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN..

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Shop Gym Wear is not responsible for the monitoring or filtering of any Member content.

If any Member Content is reported to Shop Gym Wear as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Shop Gym Wear. Should the Member fail to meet such a request, Shop Gym Wear has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights. As a Member, you agree not to use our Services to do any of the following:

  1. Upload, post or otherwise transmit any Member Content or design a product that:
  2. Violates any local, state, federal, or international laws.
  3. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  4. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable such as designing a Product that refers to the death of any individual.
  5. Links directly or indirectly to any materials to which you do not have a right to link.
  6. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
  8. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  9. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  10. In the sole judgment of Shop Gym Wear, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Shop Gym Wear, our affiliates, or our Users to any harm or liability of any type.
  11. User our content to:
  12. Develop a competing website.
  13. Create compilations or derivative works as defined under United States copyright laws.
  14. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  15. Decompile, disassemble or reverse engineer our Website, Services, and any related software.
  16. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
  17. Use our Website or create a Product Marketing Campaign that attempts, either directly or indirectly, to offer anything for sale other than the Product that you designed on our Website, or attempts to contact potential buyers in any way, or gather information about potential buyers.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. We may, in our sole discretion, release your contact information to a third party that alleges unauthorized use of its intellectual property. Further, upon receipt of such complaint or allegation, in our sole discretion, your product marketing campaign may be subject to immediate cancellation, possible forfeiture of any and all profits, and your membership account may be suspended or terminated.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Return policy

We want you to be satisfied with your Shop Gym Wear purchase. If in the unlikely event there is a manufacturer defect or any other quality concerns beyond the customer's control, please contact us within 30 days of delivery to receive a refund or exchange. After 30 days the product is nonrefundable.

If you simply wish to return or exchange unopened products and unworn, you can do so for up to 30 days (from delivery) for a full refund or exchange. After 30 days, the products are nonrefundable. Shop Gym Wear is not responsible for these types of return shipment fees.

To start your return or exchange process, please contact Customer Service at info@shopgymwear.com with your order number and reason for return/exchange. 

Please note that returns and exchanges will be processed within one week from the time that the items are received at the warehouse.

Refunds will be made using the original method of payment. If the original method of payment is unavailable, a merchandise credit will be issued.

 

Terms of Use

This web page represents a legal document and is the Terms of Use (Agreement) for our website, https://shopgymwear.com. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. 

Definitions

The terms "us" or "we" or "our" refers to Shop Gym Wear, the owner of this Website. A "Visitor" is someone that merely browses our Website. A "Member" is someone who has registered with our Website to use our Services. The term "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our "Content". We distinguish content posted by our Members as "Member Content".

Acceptance of Agreement

This Agreement is between you and Shop Gym Wear. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Shop Gym Wear, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions as well as the Frequently Asked Questions section will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Any violation of this Agreement will subject you to an immediate termination of your product marketing campaign, potential forfeiture of any and all profit, and potential suspension or termination of your Membership.

If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default or violation of this Agreement by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Limited License

Shop Gym Wear grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Shop Gym Wear.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Shop Gym Wear or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Shop Gym Wear AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN..

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Shop Gym Wear is not responsible for the monitoring or filtering of any Member content.

If any Member Content is reported to Shop Gym Wear as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Shop Gym Wear. Should the Member fail to meet such a request, Shop Gym Wear has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights. As a Member, you agree not to use our Services to do any of the following:

  1. Upload, post or otherwise transmit any Member Content or design a product that:
  2. Violates any local, state, federal, or international laws.
  3. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  4. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable such as designing a Product that refers to the death of any individual.
  5. Links directly or indirectly to any materials to which you do not have a right to link.
  6. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
  8. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  9. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
  10. In the sole judgment of Shop Gym Wear, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Shop Gym Wear, our affiliates, or our Users to any harm or liability of any type.
  11. User our content to:
  12. Develop a competing website.
  13. Create compilations or derivative works as defined under United States copyright laws.
  14. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  15. Decompile, disassemble or reverse engineer our Website, Services, and any related software.
  16. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
  17. Use our Website or create a Product Marketing Campaign that attempts, either directly or indirectly, to offer anything for sale other than the Product that you designed on our Website, or attempts to contact potential buyers in any way, or gather information about potential buyers.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. We may, in our sole discretion, release your contact information to a third party that alleges unauthorized use of its intellectual property. Further, upon receipt of such complaint or allegation, in our sole discretion, your product marketing campaign may be subject to immediate cancellation, possible forfeiture of any and all profits, and your membership account may be suspended or terminated.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Return policy

We want you to be satisfied with your Shop Gym Wear purchase. If in the unlikely event there is a manufacturer defect or any other quality concerns beyond the customer's control, please contact us within 30 days of delivery to receive a refund or exchange. After 30 days the product is nonrefundable.

If you simply wish to return or exchange unopened products and unworn, you can do so for up to 30 days (from delivery) for a full refund or exchange. After 30 days, the products are nonrefundable. Shop Gym Wear is not responsible for these types of return shipment fees.

To start your return or exchange process, please contact Customer Service at info@shopgymwear.com with your order number and reason for return/exchange. 

Please note that returns and exchanges will be processed within one week from the time that the items are received at the warehouse.

Refunds will be made using the original method of payment. If the original method of payment is unavailable, a merchandise credit will be issued.