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Terms of Service

©2022 Hammer Health and Fitness, Inc.

Terms of Service

Welcome to our website, a service provided to you by Hammer Health & Fitness, Inc. (“Hammer Health,”, “we”, “us”, or “our”), a Florida corporation.   Please read these terms of service (hereinafter, the “Terms”) before you (‘You” or “Your”) use this website. By using this website, you agree to be bound by these Terms.  These Terms apply to the websites at http://www.hammerhealthandfitness.com and http://www.themaxpac.com (collectively, the “Website” or “Site”).

You must be of legal age to enter into a binding agreement in order to accept these Terms.  If you do not agree to the Terms, are not of legal age in your jurisdiction of residence, or do not have the authority to enter into this agreement on behalf of the organization you represent, do not enter or proceed with use of the Website.  By entering or using the Website, you agree to the Terms, that you are of legal age, and do have the authority to enter into this agreement on behalf of any organization for which you represent.

You understand that We reserve the right to modify these Terms or its policies relating to the Website or any products or services described therein or available for sale (collectively, the “Services”) at any time upon posting an updated version of these Terms on the Website.  You are responsible for regularly reviewing the Terms (as may be updated or amended from time to time).  Your continued use of the Website after any such change(s) shall constitute your consent and agreement to such changes.

You may access content and information on the Website, such as text, graphics, images, and other material contained on the Website (“Content”) that are owned by Us, by other companies that give Us the right to disseminate their Content or by other users of the Website.  By entering and/or using the Website, You acknowledge and agree that the Content and Website is for informational purposes only and in no way constitutes medical advice nor is intended as a substitute for professional medical advice, diagnosis, or treatment.  You understand that We make no representations with respect to any Content and You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.  Nothing contained herein and that the information or Services herein are intended as a replacement for any medical advice, diagnosis or treatment that You have previously received or which You may receive in the future.  You agree and acknowledge that you have been advised to consult your health care provider or professional before considering any of the Services or engaging in any activities described in or by the Content.  You further acknowledge and agree that the Services and Content listed on the Website are only opinions and have not been evaluated, recommended or endorsed by the Food and Drug Administration or any other government organization or regulatory agency.  Therefore, before you act on any information you find on this Website, you should independently confirm any facts important to your decision.

We grant You a limited, non-exclusive, and non-assignable license to view the Content and to use the Website for personal, non-commercial purposes as set forth in these Terms.  Except for the limited licenses expressly granted to you in these Terms, Hammer Health and its licensors expressly reserve all other rights and licenses.=

Links to Third Party Sites

This Website may include links to third-party sites not controlled, owned, or operated by Us.  We are not responsible for the content of any non-Hammer Health sites that you may navigate to through links that appear on this Website.  We also do not guarantee the performance of any products and services provided by the owners or operators of sites that link to this Website.  A link to another website does not constitute Our endorsement of that site, nor of any product, service, or other material offered on that site.

Ordering Products and Services

You may be able to order certain Services through this Website.  All orders You make through this Website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order.  All products and services, their contents, availability, and pricing are subject to change at any time with or without notice.  Please fully read the terms and disclaimers accompanying any products or services that you order through this Website.

Copyright Infringement

We are committed to complying with U.S. copyright and related laws, and require that all users of this Website comply with these laws. Accordingly, you may not use this website to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Copyright owners who believe that their rights under U.S. copyright law have been infringed on this website may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.

Trademarks

For the avoidance of confusion or doubt, Hammer Health is the owner of The MaxPAC® and The MaxPAC® Trademarks, and all related designs, trademarks, copyrights, Patents, and other intellectual property appearing on this Website.  All other trademarks appearing on this Website are the property of Hammer Health or their respective owners.

Termination

We reserve the right at any time to terminate your Use of this Website if you fail to comply with these Terms, or any other terms, agreements, or policies that apply to this Website.  We also reserve the right to discontinue this Website at any time for any reason.

Exclusion of Warranties

BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THIS WEBSITE AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THIS WEBSITE, THE CONTENT OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”

NEITHER HAMMER HEALTH, ITS AGENTS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, PREDECESSORS OR SUCCESSORS WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH THIS WEBSITE NOR DO WE WARRANT THAT THE WEBSITE WILL  CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.  BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

  1. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “HAMMER HEALTH” REFERS TO NOT ONLY HAMMER HEALTHB & FITNESS, INC., BUT ALSO TO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
  2. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST HAMMER HEALTH NO MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
  3. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT SHALL HAMMER HEALTH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THIS WEBSITE. IN NO EVENT SHALL HAMMER HEALTH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER HAMMER HEALTH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, OR THE PURCHASE AND USE OF THE PRODUCTS. YOUR USE OF THE SITE, AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
  5. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless HAMMER HEALTH (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of these Terms.

Binding Arbitration

  1. For users of this Website, any Dispute (as defined below in these Terms) involving you and HAMMER HEALTH (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Binding Arbitration provision shall be broadly interpreted.
  2. The term “Dispute” means any and all claims or controversies related to this website, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.  As used in this Binding Arbitration provision, “HAMMER HEALTH” means Hammer Health & Fitness, Inc., and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to this website.
  3. NOTWITHSTANDING THE FOREGOING, DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS BINDING ARBITRATION PROVISION WILL NOT BE SUBJECT TO ARBITRATION.
  4. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. 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. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS BINDING ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS BINDING ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS BINDING ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
  5. This Binding Arbitration provision will survive the termination or expiration of these Terms.

Waiver of Jury Trial

WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.

Miscellaneous

To obtain access to certain services on our Website, you may be required to register. As part of any such registration process, you may be required to select a username and a password.  You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person.  We reserve the right to reject or terminate any username that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

The Terms constitute the entire legal agreement between You and Us and govern Your use of this website, and completely replace any prior agreements between you and Us in relation to this Website.  Upon termination of these Terms for any reason, We reserve the right to delete all your data, files, electronic messages, or other information that is stored on Our servers or systems.  We shall have no responsibility whatsoever for the loss of any such data.

You agree that if We do not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Our rights and that those rights or remedies will still be available to Us.

The Terms, and your relationship with Us under the Terms, shall be governed by the laws of the Florida, without regard to its conflict of laws provisions.  By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Broward County, Florida, in all disputes arising out of or relating to the Terms or this website that are not subject to the Binding Arbitration provision above.

At certain places on this Website there may be additional or other terms and policies that apply to your use of this website and the services on it. By using the Website or those services, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the website after we post any changes, you accept and agree to those terms and policies, as modified.

By using this website, you agree to abide by these Terms. We may change these Terms from time to time. By continuing to use the website after we post any changes, you accept and agree to these Terms as modified.

Effective Date: August 1, 2022

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