This Website is operated by General Marketing Solutions, LLC. (“GMS,” “we,” “us,” “our”), owner of MaxiClimber, Full Body Workout & Exercise Vertical Climber and auxiliary products and services, including our Free Fitness App (collectively,(“MaxiClimber). These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage shall govern your use of MaxiClimber, this website, including all pages within this website, and the MaxiClimber Fitness App (collectively referred to herein below as this “Website” or “Website and MaxiClimber App”). These Terms apply in full force and effect to your use of MaxiClimber and this Website and MaxiClimber App and by using MaxiClimber and this Website and MaxiClimber App, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms and Conditions.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, GMS and/or its licensors own all rights to the intellectual property associated with MaxiClimber and to the intellectual property and material contained in this Website and MaxiClimber App, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- Publishing any Website or MaxiClimber App material in any media;
- Selling, sublicensing and/or otherwise commercializing any Website or MaxiClimber App material;
- Publicly performing and/or showing any Website or MaxiClimber App material;
- Using this Website in any way that is, or may be, damaging to this Website, MaxiClimber App, or GMS;
- Using this Website and MaxiClimber App in any way that impacts user access to this Website or MaxiClimber App;
- Using this Website and MaxiClimber App contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, MaxiClimber App, GMS, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website and MaxiClimber App, or while using this Website and MaxiClimber App;
- Using this Website or MaxiClimber App to engage in any advertising or marketing;
Certain areas of this Website are or may be restricted from access by you and GMS may further restrict access to you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
GMS may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, comments, and other information and content (“Your Content”) to and via the Website and MaxiClimber App. You retain all rights to Your Content that you post to the Website and MaxiClimber App. By making Your Content available on or through the Website and MaxiCimber App, you hereby grant to GMS a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 4 are only for the limited purpose of offering and improving the MaxiClimber, Website, and MaxiClimber App.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Website and MaxiClimber App, and your use of the Website and MaxiClimber App will not: (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to: (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Website and MaxiClimber App in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Website and MaxiClimber App, or which may expose us or our users to any harm or liability of any type.
GMS may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Website and MaxiClimber App.
5. Pricing, Returns and Refunds
The prices posted on the Website are the fees we charge for MaxiClimber and are subject to change at any time within our sole discretion. Every MaxiClimber purchase is protected by our 30-day, money-back guarantee. If for any reason you don’t love it, you’re entitled to a refund or exchange, no questions asked.
This Website is provided “as is,” with all faults, and GMS makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website or in or via the MaxiClimber App shall be construed as providing consultation or advice to you.
GMS offers a one-year limited warranty on MaxiClimber. If you have any issues, or have questions please contact customer service directly at (888) 433-9083 or write to [email protected]
You can find your warranty in the User Manual below:
7. Consult a Qualified Health Care Provider Before Using the MaxiClimber
MaxiClimber is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor or other qualified health care provider before using MaxiClimber, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using MaxiClimber and consult with a medical professional. We are not responsible for any health problems that may result from your use of MaxiClimber or any training programs, consultations, products, or events you learn about through or in connection with MaxiClimber. If you engage in any exercise program involving the use of MaxiClimber you agree that you do so at your own risk and are voluntarily participating in these activities.
8. Limitation of liability
You agree that GMS’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees, agents, attorneys, vendors and suppliers, for any claim made by you arising out of your use of the website or purchase and use of MaxiClimber shall be limited to the amount you paid to GMS, except as provided in the arbitration agreement below. Under no circumstances will special, incidental, consequential or punitive damages be awarded, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion may not apply to you.
You agree to defend, indemnify and hold GMS, its affiliates, subsidiaries, successors, assigns, directors, officers, employees, agents, attorneys, suppliers and vendors, harmless from any claim or demand, including reasonable attorneys’ fees and legal costs, made by any third party due to or arising out of your use of MaxiClimber and/or the Website, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations and warranties herein.
You acknowledge that GMS has set its prices and has provided access to the website in reliance on these limitations of liability and damages and the indemnity in these terms, and that those limitations are an essential basis upon which GMS provides its website and offers its products and services, including MaxiClimber. You agree that the limitations of liability and damages and the indemnity in these terms survive and apply even if found to have failed of their essential purpose.
10. Links to Third Party Sites
The Website may link to other websites that are independent of GMS. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that GMS is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s).
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
12. Variation of Terms
GMS is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
GMS shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14. Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Material or content on this Website or in the MaxiClimber App infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) to GMS’s DMCA Agent at [email protected] by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between GMS and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
16. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.
DISPUTE RESOLUTION BY BINDING ARBITRATION/CLASS ACTION WAIVER:
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary: Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 888-433-9089. Or via email to [email protected] In the unlikely event that GMS’s customer service department is unable to resolve a complaint to your satisfaction (or if GMS has not been able to resolve a dispute between us after attempting to do so informally or through mediation), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a NEUTRAL ARBITRATOR instead of a judge or jury. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).
You are entitled to LEGAL REPRESENTATION and a FAIR HEARING, BUT the arbitration procedures, including discovery, are SIMPLER, MORE LIMITED AND USUALLY FASTER THAN PROCEEDINGS IN COURT.
Arbitration decisions are as enforceable as any court order BUT ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. Arbitrators can award the same damages and relief that a court can award.
Any arbitration under this Agreement will take place on an INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE EXPRESSLY WAIVED BY YOU AND PROHIBITED.
For any non-frivolous claim that does not exceed $75,000, GMS will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover reasonable attorneys’ fees from GMS to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), GMS will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) more than his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what GMS has offered you to settle the dispute.
18. Mobile Services
(1) GMS and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to “GMS and “you” and ”us” include our respective subsidiaries, affiliates, officers, directors, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of products and services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission or Consumer Product Safety Commission. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this Agreement, you and GMS are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to GMS should be addressed to: Office for Dispute Resolution, MaxiClimber, 4095 State Road 7 Ste L216, Wellington, FL 33449 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If GMS and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or GMS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by GMS or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GMS is entitled.
(3) After GMS receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The consumer filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, GMS will pay it directly upon receiving a written request at the Notice Address.)
The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including the issue of arbitrability of an issue, claim or defense.
Unless GMS and you agree otherwise, or the arbitrator directs otherwise, any arbitration hearings will take place in the county of your primary residence. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award may be enforced by a court of competent jurisdiction.
Except as otherwise provided for herein, GMS will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above that is for a claim of less than $75,000. (Each party shall pay the fees and costs of its own counsel, experts and witnesses.) If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse GMS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of GMS´s last written settlement offer made before an arbitrator was selected, then GMS will:
- pay you the amount of the award or $5,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
If GMS did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(5) The right to attorney’s fees and expenses discussed in paragraph (4) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws GMS may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration, GMS agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND GMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GMS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If you have any questions or concerns about these Website Terms and Conditions, you may write to us at:
Please provide complete information to facilitate your request, as well as your complete contact information.