Terms & Conditions
TERMS & CONDITIONS
The use of Pumptitude™’s web site (“Site”) indicates your unconditional acceptance of these terms of use. We reserve the right, in our sole discretion to update or revise these terms of use (“Terms of Use”). Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.
1. USE OF THE SITE
You may use the site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of Pumptitude™ or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:
· Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
· Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
· Obtain unauthorized access to any computer system, including without limitation access to any API that may be provided by Pumptitude™ in a manner not authorized by Pumptitude™.
· Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
· Impersonate any other person including but not limited to, a registered user of this Site or an employee of Pumptitude™.
· Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
· Misrepresent the identity of a user or use a false e-mail address.
· Tamper with or obtain access to this Site or any component of this Site.
· Conduct fraudulent activities
· Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
· Abuse special discounts, awards or incentives offered by Pumptitude™. Unless otherwise specified, only one offer is valid per person, maximum two per household.
2. ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions may apply to specific portions of the Site or your membership which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.
3. PROPRIETARY RIGHTS
: You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Pumptitude™ and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.
4. PROHIBITED USE
· You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.
· Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.
· You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.
· You may not copy, frameset, enclose or otherwise distribute any part of the Site.
5. PURCHASING
he Life Chest strives for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. Pumptitude™ has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, Pumptitude™ will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
6. SUGGESTED RETAIL PRICING
Pumptitude™ displays suggested retail prices for goods offered on the Site based on pricing information provided by vendors and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Site.
7. LINKS TO THIRD PARTY WEBSITES
This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.
8. INDEMNIFICATION
By using this Site, you agree to indemnify, hold harmless and defend Pumptitude™ their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Pumptitude™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.
9. DISCLAIMER OF WARRANTY
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, PUMPTITUDE™ DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL PUMPTITUDE™ OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF THE LIFE CEHST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF PUMPTITUDE™ OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO PUMPTITUDE™ IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PUMPTITUDE™ OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF PUMPTITUDE™.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
11. NOT INTENDED FOR INTERNATIONAL USE
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. RISK OF LOSS
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
13. THIRD PARTY VENDORS
Pumptitude™ is not affiliated with websites or third parties that sell or advertise our products or the Site. Pumptitude™ reserves the right to void all service, return, and other policies for orders and Pumptitude™ products that were purchased through unauthorized sellers or sellers that violate Pumptitude™ policies. Pumptitude™ is not responsible for any representations by third party vendors.
14. UNAVAILABILITY OF SITE
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Pumptitude™ or its suppliers be held liable for any damages due to such interruptions or lack of availability.
15. COPYRIGHT INFRINGEMENT
Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Site is: Donna Yost, Pumptitude™, 3331 W. Big Beaver, Suite 118, Troy, Michigan 48084. donnayost@life2000ltd.com
16. CHOICE OF LAW AND FORUM
These Terms of Use and any dispute of any sort that might arise between you and Pumptitude™ or its subsidiaries, agents employees or affiliates shall be governed by and construed in accordance with the laws of the state of Michigan, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as amended from time to time. You and Pumptitude™ agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Troy, Michigan, and you and Pumptitude™ agree to submit to the personal and exclusive jurisdiction of such courts. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non convenience which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT IF YOU WANT TO SUE PUMPTITUDE™ OR SUBSIDIARIES, AGENTS, EMPLOYEES OR AFFILIATES, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
17. MISCELLANEOUS
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Pumptitude™ with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Pumptitude™ with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Pumptitude™ to act with respect to a breach by you or others does not waive Pumptitude™’s right to act with respect to subsequent or similar breaches. Pumptitude™’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.