Terms & Conditions


TERMS OF SERVICE

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OVERVIEW

Please Read Carefully Before Using the WEBSITE: These Terms of Use (the “Terms”) set forth the terms and conditions that apply to your use of the website, www.gripbell.com (the “Website”) offered by Barxbell, Inc., a Nevada corporation, dba “Gripbell,” on behalf of itself and for its subsidiaries and affiliates (collectively, “Gripbell” “We” or “Us”), and any products offered or sold thereon.

 

By accessing, using, registering for, or purchasing merchandise from the Website, you agree to be bound by these Terms.  All visitors to and users of any aspects of the Website (collectively, “Users”) are bound by these Terms. Gripbell reserves the right to modify the Terms at any time without prior notice to you, and therefore, Gripbell recommends that you read these Terms carefully each time you use the Website. Any modified Terms will become effective and will apply to your use of the Website upon our posting such Terms to the Website. It is your sole obligation to review the Terms and to be aware of any modifications. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Website.

 

Eligibility:  The Website is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Website. In the event we become aware you are under 18, we will terminate your registration.

 

Privacy: Gripbell believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

 

User Content:   Subject to the restrictions contained in these Terms, registered Users may post, upload or transmit content on the Website (all such items provided by or on behalf of Users, collectively, “User Content”). Without limiting the generality of any other provisions of these Terms, you agree: (a) you may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent; (b) you understand and agree that Gripbell does not actively monitor, and undertakes no obligation to monitor User Content. Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the Website; (c) you acknowledge and agree that Gripbell does not control the User Content posted to the Website, or any links to other websites, and that we do not guarantee the accuracy, integrity or quality of any User Content; (d) you are solely responsible for any User Content you post, publish or display on the Website or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Website. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual; (e) you will post only User Content you believe in good faith to be true and accurate, and you will not post to the Website any User Content that is fals, inaccurate, misleading or fraudulent; (f) by uploading User Content to the Website, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant: (i) Gripbell, its affiliates, our respective contractors, and our business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights you may have in or with respect to any User Content you post to the Website.

 

You may not post any User Content that: (a) is patently offensive to Users, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person or User; (c) promotes illegal activities or conduct that is abusive; (d) is threatening, obscene, defamatory or libelous; (d) is pornographic or sexually explicit in nature; or (e) seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

 

Registration: In order to access some features of the Website, you may be required to register and to select a password and user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion. You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Website shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

 

Use of the Website:  Gripbell grants you a limited license to make personal use of the Website. This license grant does not include: (a) any resale or commercial use of the Website or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Website and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Website. Except as noted above, Users of the Website are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Gripbell or any third party.

 

You may not use, frame or utilize framing techniques to enclose any Gripbell trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Gripbell’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Gripbell name, trademark, or product name without Gripbell’s express written consent.

 

Any unauthorized use of the Website will terminate the permission or license granted by these Terms and may violate copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

 

Restrictions on Rights to Use:  Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to): (a) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Website, except and to the extent expressly permitted under these Terms; (b) remove any copyright, trademark or other proprietary rights notice contained in or on the Website; (c) use any robot, spider, site search/retrieval Website, or other device to retrieve or index any portion of the Website; (d) collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users; (e) reformat or frame any portion of any Web pages that are part of the Website; (f) create user accounts by automated means or under false or fraudulent pretenses; (g) create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users' enjoyment of the Website; (h) submit to the Website any content that falsely states or implies that such content is sponsored or endorsed by us; (i) transmit or upload to the Website any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Website, any other Web site, or any computer or other device or system, or the enjoyment of the Website by any User; (j) use the Website to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); (k) submit to the Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Website to transfer or store illegal material, including any material deemed threatening or obscene; (l) copy or store any User Content offered on the Website other than for your personal, non-commercial use; (m) use the Website and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or (n) collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

 

OWNERSHIP:  As between you and us, the Website, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Website, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

 

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Website are the proprietary property of Gripbell or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Website without the express written permission of the trademark owner.

 

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Gripbell.

 

Third Party Advertisements and Links to Third Party Sites:  Gripbell may display advertisements from third parties on the Website, such as banner advertisements, pop-up texts, and links to third party sites. Gripbell is not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein.

 

DISCLAIMER OF WARRANTIES:

 

GRIPBELL MAKES NO REPRESENTATIONS, AND/OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE PRODUCTS OFFERED AND SOLD THEREON.  THE WEBSITE AND ALL PRODUCTS OFFERED AND SOLD THEREON ARE sold with all faults and without any warranty of fitness for any purpose.  THE WEBSITE AND ALL PRODUCTS OFFERED AND SOLD THEREON ARE provided “As Is” without any warranty of any kind, and, to the maximum extent allowed by applicable law.  GRIPBELL disclaims any and all other warranties of any kind, whether express, implied or statutory, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO MERCHANTABILITY, QUALITY, title, non-infringement, fitness of a particular purpose, quiet enjoyment or any implied warranties arising from usage of trade, course of dealing or course of performance.  GRIPBELL SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OF OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT YOUR FULL REMEDY AGAINST GRIPBELL FOR ANY LIABILITY, CLAIMS OR DAMAGES, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT, AND YOUR IRREVOCABLY WAIVE ALL CLAIMS FOR ANY OTHER DAMAGES THAT YOU MAY HAVE.  Without limiting the generality of the foregoing, GRIPBELL specifically does not represent or warrant that THE WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON will meet user requirements or that it will be effective or operate without error.  To the extent that GRIPBELL may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law.

 

Limitation of LiabilitY:

 

By using this WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON, or allowing it to be used by others, YOU waive any liability for personal injuries, OR other damages arising from such use.  Any promises or representations inconsistent with, or in addition to, this statement of warranty are not authorized by GRIPBELL and shall be not binding.

 

GRIPBELL disclaims any liability or responsibility for injuries or damages resulting from any use of the WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON, whether it results from proper use, improper use, faulty or inappropriate preparation, abuse, vandalism, excessive wear and tear or abrasion, improper maintenance, or any use outside those defined in the PRODUCT’s documentation

 

Gripbell has no control over the use of thE WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON and the person purchasing and/or using thE WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON assumes all risk of damage or injury.

 

gripbell disclaims any liability in tort for damages, direct or consequential, including personal injuries, resulting from a malfunction or a defect in design, manufacturing, materials or workmanship, whether caused by negligence on the part of GRIPBELL or otherwise.  By using this WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON or allowing any product to be used by others, you waive any liability on the part of gripbell for personal injuries or other damages arising from such use. 

 

NEITHER GRIPBELL NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF THE WEBSITE NOR ANY PRODUCT OFFERED OR SOLD THEREON and assumeS no responsibility for anyone’s use of the WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON.  In no event shall gripbell be liable for any direct, indirect, incidental, special, exemplary, consequential or punitive damages (including, but not limited to, personal injury or death; procurement of substitute goods or services; loss of use, data, goodwill, profits or savings; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the WEBSITE OR ANY PRODUCT OFFERED OR SOLD THEREON, even if advised of the possibility of such consequential damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation whether for breach of contract, tortious behavior, negligence or under any other cause of action.

 

you, on behalf of yourself, your agents, representatives, attorneys, administrators, successors and assigns, hereby agree to indemnify, hold harmless, and defend gripbell and its agents, members, managers, employees, representatives, attorneys, administrators, successors and assigns (collectively, the “gripbell Indemnitees”) from and against any and all claims, liabilities, losses, damages, costs and expenses, (including reasonable attorneys’ fees and costs, whether or not suit is filed), demands, obligations, judgments, fines, settlements and other amounts, without monetary limitation (collectively “Liabilities”), incurred by any of the gripbell indemnitees that arise out of or in connection with your purchase or use (including third party use) of the website or any product OFFERED OR SOLD THEREON, INCLUDING CLAIMS BROUGHT BY A THIRD PARTY IN CONNECTION WITH USE OF THE same. 

 

ADDITIONAL PRODUCT DISCLAIMERUSE AT YOUR OWN RISK: This Website is for informational purposes only.  You should consult a physician before using any Gripbell products or or performing any exercise program. It is your responsibility to evaluate your own medical and physical condition, and to independently determine whether to perform or use any product, information or content on this Website. Any exercise program may result in injury. By voluntarily undertaking any exercise displayed on this Website or in any Gripbell video or demonstration, you assume the risk of any resulting injury.

 

ARBITRATION:  Except as provided below, all legal claims arising out of or relating to these Terms and/or the Website shall be settled solely by binding arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Reno, Nevada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction as necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of their fees and costs, including reasonable attorney fees.   

 

Notwithstanding the foregoing, either party may assert claims, if they qualify, in small claims court in any United States county where you live or work.  In addition, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. 

 

If, ultimately, the arbitration provision of these Terms is held inapplicable to you or your claim, you agree to submit your dispute to the exclusive jurisdiction of the state and federal courts in Nevada County, Nevada for resolution.

 

YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST GRIPBELL IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE WEBSITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE WEBSITE, GRIPBELL’S ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES GRIPBELL SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND GRIPBELL.

 

Applicable law:  By visiting the Website, you agree that the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Gripbell.

 

Miscellaneous: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Gripbell in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website. These Terms, which shall be deemed accepted by you upon your use of the Website, constitute the entire agreement among you and Gripbell regarding use of the Website. Gripbell’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the Website and any notices regarding the Website.

 

Contact and Violations:  Please contact us with any questions regarding these Terms. Please report any violations of the Terms to customer@gripbell.com.

 

COPYRIGHT INFRINGEMENT CLAIMS - Digital Millennium Copyright Act Notice:  If you believe that any material or content distributed by Gripbell constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;  (b) identification of the copyrighted work that you claim has been infringed; (c) identification of where, within the Website, the offending material is located; (d) your address, telephone number and email address; (e) a written 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; and (f) 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. 

 

The above information should be submitted to Gripbell at:

 

Barxbell, Inc., dba Gripbell

P.O Box 890

Reno, NV 89504




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