Terms of Sale
By purchasing a product from My Container Gym, LLC (“MCG”), you are agreeing to be bound by these Terms & Conditions of Sale (“Terms & Conditions”). Note that we reserve the right to change these Terms & Conditions at any time. Read carefully and if you have any questions regarding these Terms & Conditions, please contact us.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER WITH MCG, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT IN CONNECTION WITH THE PURCHASE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF AND ANY SUCH ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO PURCHASE AND USE MCG’S PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU MUST NOT PURCHASE MCG’S PRODUCTS.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction. Nothing in these Terms & Conditions will affect those other superseding legal rights.
Your Use of MCG’s Product
You must be at least 18 years old to use MCG’s training equipment (“Product”).
Pricing
Prior to payment of an agreed upon deposit, MCG’s pricing and the availability of the Product can change at any time without notice. Prices indicated are in U.S. dollars and we will indicate to you other applicable shipping charges and taxes within seven business days of ordering. In addition to the Product purchase price, you are responsible for paying such charges and taxes. By your purchase, you agree to indemnify and hold MCG harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes.
By making a deposit to MCG, you secure an approximate priority to purchase a Product if and when it becomes available in your market. Your deposit is non-refundable and will apply to the final purchase price. You understand that your deposit will not be held in an escrow or trust fund and MCG will not pay interest on a deposit. The deposit is not transferable or assignable to any third party.
Shipping
The Product is not offered or intended for sale outside of the 48 continental United States. MCG will not ship any Product outside of this area, and you will be solely and completely responsible for any purchase or use of the Product outside of this area. To the extent permitted by applicable law, MCG will accept no responsibility or liability associated with any loss, damage, or other injury caused by your purchase or use of the Product outside of this area. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined or in which the Product is used. We are not liable or responsible if you violate any such law.
Title to the Product and risk of loss will pass to you upon delivery of the Product to a carrier. You acknowledge that all scheduled shipment dates are estimates only. MCG will make reasonable efforts to meet the scheduled shipment dates, but in no event will MCG be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
Any estimated arrival or delivery date provided by MCG is not a guarantee. Although MCG will make reasonable effort to meet estimated dates, delivery of the Product may take more or less time than estimated and MCG disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. Deliveries that are refused may be returned to us, and it may take up to 45 days for returned Products to be processed. No refunds will be provided for any refused items.
Installation
By purchasing the Product, you agree to allow and provide MCG or its designees access to your designated location of installation of the Product for purposes of MCG installing, maintaining, repairing, or uninstalling and removing the Product as necessary if and to the extent that MCG agrees to undertake such activities. MCG is not responsible for choice of location of installation and is not responsible for damage or injury resulting from installation at an improper location, such as one without adequate structural support or adequate or safe power supply. You are solely responsible for determining whether the Product is appropriate for your location, and you accept that inability to install the Product or improper Product function as the result of your choice of location of installation are not valid claims under any circumstances. MCG is not responsible for any damage, nor is MCG responsible for any damage or injury.
Returns
MCG does not permit returns of its products under any circumstances.
Resale Not Authorized
Resale of the Product is not authorized by MCG.
Governing Law
These Terms & Conditions are governed by the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
Arbitration Clause & Class Action Waiver
If a dispute arises between you and MCG, we would like to talk to you about it. Contact us at customercare@mycontainergym.com. If we are unable to resolve the dispute, you agree to submit the dispute to binding arbitration as described below. Please read this section carefully as it affects your legal rights.
Agreement to Binding Arbitration and Class Action Waiver. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS OR USE OF THE PRODUCT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MCG, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT MCG AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS & CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Arbitration Procedures. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms & Conditions. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms & Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms & Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms & Conditions will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
Warranties and Disclaimers
As far as permitted by applicable law, the Product and all other products and services provided by MCG are provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose unless otherwise expressly noted.
Your use of the Product is at your own discretion and risk. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment or disability that may prevent or limit your ability to use the Product. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Product solely in accordance with your personal physician’s advice.
You are solely responsible for any and all loss, liability, or damages resulting from any use of the Product, including death, injury, damage or loss to your person, other persons, your location, the Product, accessories to the Product, and all other items and pets in your home. MCG disclaims all and any such loss, liability, or damages.
Limitation of Liability
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) MCG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF ENJOYMENT, LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR OTHER DAMAGES WHATSOEVER IN CONNECTION WITH THE PURCHASE, USE, REPAIR, MAINTENANCE, MODIFICATION, OR MOVEMENT OF THE PRODUCT OR PARTS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, MCG WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR OR A THIRD PARTY’S USE OF OR INABILITY TO USE THE PRODUCT; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PRODUCT IS TO STOP USING THE PRODUCT; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF MCG FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MCG FOR THE PRODUCT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS TERMS & CONDITIONS) ARE MADE FOR THE BENEFIT OF BOTH MCG AND MCG’S AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Indemnification
You agree to indemnify, defend, and hold harmless MCG and its affiliates, and its and their directors, officers, employees, and agents, from and against all direct or indirect claims, damages, losses and costs that arise from or relate to your or third-party use of the Product or your violation of these Terms & Conditions.
Data Protection
You can place orders for the Product through MCG’s online store. When you place an order, you will enter certain identifying information such as name, phone number, e-mail address, and shipping and billing address, so we can fulfill your order. You agree and understand that MCG or a third-party provider may store, process, and use that information for purposes of fulfilling your order. You also agree that the information you provide is true and complete and that you will pay the price and charges identified.
Notifications
MCG may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with purchase, hard copy, or posting of such notice on the MCG website. MCG is not responsible for any automatic filtering you or your network provider may apply to email notifications.
Miscellaneous
These Terms & Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and MCG. If any provision of these Terms & Conditions is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms & Conditions and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms & Conditions without restriction. No waiver by either party of any breach or default under these Terms & Conditions will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms & Conditions shall be construed as if followed by the phrase “without limitation.” These Terms & Conditions, including any terms and conditions incorporated herein, is the entire agreement between you and MCG relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and MCG relating to such subject matter. Without limitation, a printed version of these Terms & Conditions shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Failure or delay by us to enforce any of these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
MCG will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. MCG will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an act or event beyond our reasonable control, including acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.