Terms of service

GYMIJET

TERMS OF USE


Effective Date: October 9, 2024


These Terms of Use (“Terms”) of Gymijet, LLC (“Gymijet,” “we,” “us,” and “our”) apply to all contents and information available within any Gymijet website (e.g., https://www.gymijet.com/), mobile application or other online applications on which these Terms are posted (collectively, the “Service”) and governs your use of the Service and any products purchased on the Service. 


PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND YOU HAVE THE AUTHORITY AND CAPACITY TO ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. 


MANDATORY BINDING ARBITRATION

THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND GYMIJET MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST GYMIJET TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 13 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH GYMIJET.


AUTOMATICALLY RENEWING SUBSCRIPTIONS

PLEASE SEE SECTION 5 OF THESE TERMS FOR TERMS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS.


HEALTH ACKNOWLEDGEMENT/NO MEDICAL ADVICE

Gymijet offers personalized workout plans and guidance designed to help users improve strength, endurance and overall fitness. PHYSICAL EXERCISE INVOLVES RISK OF INJURY. YOU AGREE THAT YOU WILL INSPECT THE GYMIJET BANDS AND OTHER EQUIPMENT PRIOR TO EACH USE FOR WEAR AND DAMAGE AND REPRESENT AND WARRANT THAT YOU WILL NOT USE THE GYMIJET BANDS OR OTHER EQUIPMENT IF THEY SHOW SIGNS OF DAMAGE OR EXCESSIVE WEAR. You understand and agree that it is your responsibility to speak with a healthcare provider as to whether your participation in any Gymijet fitness program or use of any exercise equipment is advisable in light of your health condition and background. You further acknowledge and agree that Gymijet is not a healthcare provider, and you understand that if you experience any injury, condition, or impairment that may cause you pain, fatigue, shortness of breath, or chest discomfort, then you should contact a healthcare provider for medical advice. You are responsible for providing accurate responses to assessment questions and realistic goals, and for periodically updating such information if your physical condition has changed. You understand that your personalized workout plans will be designed based on your answer to those questions and that we are not liable for any actions taken in response to false information provided in response to assessment questions.  


By performing any exercise, training, stretch, or other physical activity, with or without the use of any products or equipment purchased or received through the Service, based on or in connection with the Service, you represent and agree that (i) you are physically capable of participating in a strength, endurance, flexibility, and/or overall fitness training workout plan and using any products or training equipment (e.g., Gymijet Resistance Bands) associated with such workout, and (ii) you have either (a) had a physical examination and been given a physician’s permission to participate in this workout plan, or (b) decided to participate in this workout plan without the approval of a physician solely at your own risk.


Additionally, the information, files, documents, text, photographs, images, audio, video, and any other material made available for viewing or download on the Service (collectively, the “Content”) is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service or based on personalized workout plans or information received through the Service. 


  1. Privacy

Please review our Privacy Policy  (“Privacy Policy”) which is incorporated herein by reference and describes how we use and collect information through the Service. 


  1. Use of Service

Gymijet provides a Service connecting users to fitness solutions designed to help users achieve their goals using resistance bands combined with an innovative app, which provides real-time tracking, personalized workout plans, guidance, and other similar materials and Content to help users improve their strength, endurance, and overall fitness. If you use the Service, you acknowledge and agree that you must (i) provide all equipment necessary for your own Internet connection, including computer and/or tablet and/or mobile device and modem, and (ii) provide for your access to the Internet. Certain parts of the Service may also be inaccessible or limited to you without the use of additional equipment or other materials (e.g., camera access permissions to track workouts and exercise movements in real-time). 


You may access or visit the Service without subscribing or registering for an account with Gymijet (“Account”). For example, you may purchase the Gymijet Resistance Bands through our shop web page without creating an Account. However, access, use, and membership or participation in certain parts of the Service may be limited to users with an Account and/or users with a current and valid Gymijet subscription plan (collectively, “Accountholders”).


  1. User Accounts

If you create an Account, you agree that the information you provide to us during the registration process and at all other times when you use the Service is accurate, current, and complete, and that you will keep it up to date at all times. If you provide any information that is, or that Gymijet has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Gymijet has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).


By creating an Account with us, you electronically agree to accept and receive communications from us, including by email, text message, and push notifications sent by us to the addresses, cellular and other telephone numbers, or other contact details you provided to us through the Service. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the settings in your Account.


You are the sole authorized user of any Account you create through the Service and are solely and fully responsible for all activities that occur under your Account. You may not authorize others to use your Accountholder status, and you may not assign or otherwise transfer your Account to any other person or entity. If you have reason to believe that your Account is no longer secure, you must immediately notify us by contacting us at support@gymijet.com. Gymijet will not be liable for losses, damages, liability, expenses, and fees incurred by Gymijet or a third party arising from someone else using your Account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.


  1. Purchases and Payment

Certain features of the Service, including placing orders through our shop available at Gymijet.com, may require you to pay fees, including any monthly, annual, or other recurring subscription, membership, or Account fee(s), to Gymijet or our third-party vendors, including, but not limited to, service fees and shipping fees. Gymijet may change the fees at any time as we deem necessary or appropriate for our business. By placing an order on the Service, you acknowledge and accept that (a) the fee displayed at check-out will be charged to your designated payment method, and you agree to pay such a fee, including any applicable taxes, (b) that the charges incurred by you will be honored by your credit/debit car company or bank, and (c) you are authorized to place the order and to incur the fees using the payment information provided to us.


In the event that the Service lists a product or service at an incorrect price due to typographical error or error in pricing information received from our suppliers, Gymijet has the right to refuse or cancel any orders placed for the product or to terminate access to such service listed at the incorrect price, whether or not the order has been confirmed and your designated payment method charged. If your payment method has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.


You are liable for all transaction taxes for purchases on the Service, including any applicable sales, use, or value added taxes. Payment will be processed by Gymijet’s independent third-party payment processor, using the payment method you designate. 


Charges paid by you for accepted and delivered orders are final and non-refundable. Gymijet has no obligation to provide refunds or returns, credits, exchanges, price adjustments, or promotional offers, but may grant them, in each case in Gymijet’s sole discretion. Products purchased on the Service will be deemed accepted by the recipient on the date they are delivered unless, within seven (7) days of delivery, you notify Gymijet in writing, with specific details, that your order, or any portion thereof, is defective, damaged, or incorrect. Following Gymijet’s receipt of such notice, we may, at our sole discretion, make any necessary corrections or replacements, and such corrections and replacements shall be your sole remedy for non-acceptance of a product. Upon completion and acceptance of such corrections or replacements, the products shall be deemed accepted by you and such order will be deemed completed.


Gymijet will use commercially reasonable efforts in the ordinary course of business to timely deliver the products (e.g., resistance bands and other exercise equipment) and/or services purchased or ordered on the Service to the shipping address you provide to us when submitting your order or, if applicable, to the designated shipping address saved to your Account. It is solely your responsibility to ensure that the shipping information you provide to us for any order is accurate, complete, and up to date. In no event will Gymijet be liable for any damages, consequential, incidental, liquidated, or otherwise, arising from Gymijet’s failure to meet any delivery date. 


If payment due on your Account is delinquent, we reserve the right to suspend or terminate your access to the Service; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection-related fees and costs.


  1. Automatic Renewal of Subscription

If your membership, subscription, or Account plan or other Service-related program is subject to an automatic renewal clause (“Auto-Renewing Subscription”), you will be notified during the order process before you submit your billing information, and we will notify you by the email we have on file once your subscription has been created. Auto-Renewing Subscriptions will continue and automatically renew at the end of the initial term and each subsequent term thereafter. Your chosen payment method will be charged in the amount of the subscription renewal fee then in effect, pursuant to your chosen subscription program, until you cancel your Auto-Renewing Subscription or your Account is otherwise suspended pursuant to these Terms.


Auto-Renewing Subscriptions may be placed through your Apple App Store or Google Play Store account. You acknowledge that the subscription fee billed may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your designated payment method for the corresponding amounts.  


The length of the automatic renewal term is dependent on your chosen plan or program and will be set forth on the order page. Before the end of the initial term and before your subscription renews, you will receive a renewal reminder notice via email. 


You may cancel an Auto-Renewing Subscription, including any free trial subscription, at any time through your Account settings or through the Apple App Store or Google Play Store, depending on how you purchased your Auto-Renewing Subscription. For additional instructions on how to cancel your subscription, please email support@gymijet.com. If your Auto-Renewing Subscription is subject to an initial trial period, promotional discount, or offered as part of a package deal (e.g., with a free gift), your will be notified through your Apple App Store or Google Play Store account prior to the expiration of the promotional term that your subscription will automatically renew upon the expiration of the promotional end. 


Once cancelled, the Auto-Renewing Subscription will be removed from your Account. If you cancel your subscription, cancellation will be effective at the end of the current subscription period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund, in whole or in part, for such active subscription term.


  1. Ownership of Service

The Service and Content are the property of us or our licensors, as applicable. The Service and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.


  1. License

Gymijet grants you a non-exclusive, non-transferable, revocable, limited license to use the Service for your own personal, non-commercial use, subject to these Terms and Gymijet policies made available on the Service. Neither the Service nor any Content may be reproduced, copied, framed, linked to, or otherwise exploited for any commercial purpose without the express prior written consent of Gymijet.


  1. User Submissions

You acknowledge and understand that the Service may permit users to post and interact with other users, such as to share personal fitness goals and progress updates with other users on the Fitness Solution System or to post reviews of our products on the Service, and that the views expressed by users on or through the Service are not attributable to Gymijet unless otherwise stated. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information, or other communication you transmit, upload, or post to the Service, including any ideas, comments, suggestions, feedback or reviews, media (e.g., photographs, videos, and audio files) data, or the like (“User Submissions”), will be considered non-confidential and non-proprietary. Gymijet will have no obligations with respect to the User Submissions.


You assign all intellectual property rights, including any moral, publicity and privacy rights you have in any User Submission. By submitting the User Submission to Gymijet, you agree Gymijet is free to use the User Submission, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Gymijet and our designees will be free to copy, disclose, distribute, incorporate, commercialize, and otherwise use the User Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.


  1. Copyright Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Gymijet a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);

  3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Gymijet to locate the material on the Service;

  4. Your name, address, telephone number, and email address (if available);

  5. 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

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Gymijet a counter-notice. Notices and counter-notices must be sent to Gymijet’s designated copyright agent at support@gymijet.com.


  1. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, by (i) accessing data or Content not intended for such user or logging onto a server or account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Service or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.


You agree not to use the Service:


  • In any way that violates any applicable federal, state, local or international law or regulation; 

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service or expose them to liability;

  • For sending or storing any unlawful material or for deceptive or fraudulent purposes;

  • To send or store any unsolicited, harassing, profane, or hate-related or violent content, or any other material, products, or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;

  • To send or store any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity;

  • To access another user’s Account, impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;

  • For any commercial purpose, including, but not limited to advertising to, soliciting or selling to any other user or third party unless we have given you prior written consent to do so; 

  • In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;

  • Use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the Content on the Service;

  • Use any manual process to monitor or copy any of the Content on the Service or for any other unauthorized purpose without our prior written consent;

  • Use any device, software, or routine that interferes with the proper working of the Service; or

  • Otherwise attempt to interfere with the proper working of the Service.


In submitting User Submissions through the Service, you agree you will not: 

  • Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; 

  • Post advertisements or solicitations of business or employment; 

  • Impersonate another person; 

  • Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gymijet all of the license rights granted herein;

  • Submit material that is unsuitable for minors in any country; or 

  • Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.


Gymijet reserves the right, but has no obligation, to refuse to post, block, or remove User Submissions from the Service for any reason in our sole discretion. Gymijet may terminate your access to or use of the Service to prevent further posting or distribution of User Submissions.


  1. Links to Third Party Sites

The Service may contain links to third-party websites, applications, and platforms, including links to our social media pages on social media sites. Please understand that those third-party websites, applications, and platforms have different terms of use and privacy policies, and that Gymijet does not endorse or control and is not responsible for the content of such websites or the privacy practices of such third parties. These Terms do not apply to third-party websites, and information collected by such third-party websites is not covered by the Privacy Policy. 


  1. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage and shall become effective immediately upon posting. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Service after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.


  1. Mandatory Arbitration Agreement

    1. Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, the Privacy Policy, and/or any of Gymijet’s products, the Service, Content or software will be resolved by binding arbitration, rather than in court, except that you or we (1) may assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.


There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).


At least 30 days before beginning an arbitration proceeding, you must send an individualized letter identifying yourself, your legal claims, the requested relief and requesting arbitration to Gymijet LLC, 2 Wellman Ave., Suite 260, Nashua, NH 03064, by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. The AAA’s rules are available at www.adr.org . Payment of administration and arbitrator fees will be governed by the AAA’s rules, except the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Gymijet may seek its attorneys’ fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. This arbitration agreement will survive termination of these Terms. 


  1. Class Action Waiver. You and Gymijet each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.


  1. Enforceability. If this Mandatory Arbitration Agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction and venue described in Section 17 shall govern any claim in court arising out of or related to these Terms or the Service.


  1. Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. You and Gymijet also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. 


  1. Additional Terms for California Residents

Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.


  1. Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE OR PRODUCTS PURCHASED ON THE SERVICE WILL BE CORRECTED. THE SERVICE, INCLUDING ANY PRODUCT PURCHASED ON THE SERVICE, IS PROVIDED BY GYMIJET ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYMIJET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE PRODUCTS, INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SERVICE, INCLUDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GYMIJET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 


GYMIJET DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF ANY PRODUCTS, EQUIPMENT, PROGRAMS, OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE. GYMIJET ALSO DOES NOT WARRANT THAT THE QUALITY, SUITABILITY, SAFETY, OR YOUR USE OF THE SERVICE, IN WHOLE OR IN PART, OR ANY PRODUCTS SOLD ON THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE COMPATIBLE WITH YOUR HEALTHCARE PROVIDER’S RECOMMENDATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND SERVICE-RELATED PRODUCTS, EQUIPMENT, PROGRAMS, OR OTHER CONTENT, OR DECISIONS YOU MAKE REGARDING THE PRODUCTS, PROGRAMS, AND CONTENT OFFERED THROUGH THE SERVICE, REMAINS SOLELY WITH YOU. GYMIJET EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL GYMIJET OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SERVICE, GYMIJET PRODUCTS, INCLUDING GYMIJET BANDS OR OTHER EQUIPMENT, OR ANY INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SERVICE, EVEN IF GYMIJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, GYMIJET PRODUCTS, INCLUDING GYMIJET BANDS OR OTHER EQUIPMENT, OR ANY INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SERVICE IS TO STOP USING THE SERVICE, PRODUCTS, AND/OR CONTENT. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABlE LAW, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE, GYMIJET PRODUCTS, INCLUDING GYMIJET BANDS OR OTHER EQUIPMENT, AND ANY INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SERVICE, WILL NOT EXCEED THE LESSER OF (a) THE AMOUNTS YOU HAVE ACTUALLY PAID TO GYMIJET FOR GYMIJET PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM AND (b) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.


You agree that no claim arising in connection with your use of the Service or any products purchased from Gymijet may be brought more than one (1) year of the date of the event giving rise to claim occurred. Nothing in these Terms will limit any liability that cannot be limited or disclaimed under applicable law.


  1. Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, managers, members, employees, agents, and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from: (i) any violation by you of these Terms, including any breach of warranty or violation of any applicable laws, rules, or regulations; or (ii) from our termination of your access to or use of the Service. Such termination will not affect either party’s rights or obligations, which accrued before the termination.


  1. Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. You agree that these Terms are made and partially performed in the State of New Hampshire, and that venue for any action at law or in equity arising out of or relating to these Terms shall be exclusively limited to the state or federal courts located in the State of New Hampshire. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such action and waive any defenses of lack of minimum contacts or forum non conveniens. Notwithstanding any provision of these Terms, Gymijet may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms by you.


You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Service and any Service-related products, programs, materials, and other Content, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.


We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any Content generated by you on the Service, block your access to the Service, and/or block IP addresses. 


If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.


No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right. 


You agree that these Terms and any other agreements referenced herein may be assigned by Gymijet, in our sole discretion, to a third party in the event of a merger or acquisition or sale of all or substantially all of the assets of Gymijet. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between you and Gymijet. We will take all reasonable measures to safeguard your privacy while you visit and use the Service in the manner described in our Privacy Policy. 


  1. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at:

  • Email: support@gymijet.com; or

  • Postal Mail: Gymijet LLC, 2 Wellman Ave., Suite 260, Nashua, NH 03064