terms of use

General

https://pexhealthandfitness.com/ and its affiliated websites, channels, email properties and other online services (collectively, the “Sites”) are owned and operated by PEX HEALTH AND FITNESS, LLC. and its affiliates (“PEX HEALTH AND FITNESS, LLC”, the “Company”, “we”, “our”, or “us”). Access to and use of the Sites is subject to these terms and conditions of use (“Terms of Use”).

“Sites” or any content owned by “PEX HEALTH AND FITNESS, LLC” shall include any information or services made available by PEX HEALTH AND FITNESS, LLC, regardless of the medium, and shall include, without limitation any affiliated websites, products, mobile, applications, videos, products and applications we make available.

Company reserves the right at any time, and from time to time, to erase, destroy, edit, modify, suspend or temporarily or permanently discontinue the Sites, or any part of the Sites, with or without any kind of notice.

Access to the Sites may not be legal by certain persons or in certain jurisdictions. In case of access to the Sites from outside the United States, the party who is accessing has to do their own study and do so on their own initiative and are responsible for compliance with applicable local laws and regulations if any.

Disclaimer

Any statement, news, information whether objective or subjective, data, fact, assumption or prediction in Sites are Company’s current opinions of the respective subjects however please kindly be informed that Company accepts no liability and responsibility from any kind of damage or responsibility that may arise from any false notion, misguidance or mistake regarding aforementioned.

We publish and issue our Sites with the expectation and understanding that each 3rd party and each receiver of the information contained herein or to be issued by Company will also make their own study and evaluation, in a deliberate, cautious and prudent way, of each notion that is under consideration for any kind of decision.

All information contained herein is obtained by Company from sources believed by it to be accurate, up to date and reliable. Because of the possibility of human or mechanical error as well as other factors, however, all information contained herein is provided “as is”; without representation of accuracy or any kind of warranty, obligation or any kind of commitment and undertaking.

Company adopts all reasonable measures so that the information used or to be used is of sufficient quality. Company prudently considers from its sources including, when appropriate, independent third-party sources, to be up to date and reliable.

Under no circumstances shall Company have any liability or responsibility to any person or entity/entities for any kind of loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside our control of in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any such information, or any direct, indirect, special, consequential, compensatory or incidental damages whatsoever (including without limitation loss of profits), even if we are advised in advance of the possibility of such damages, resulting from the use of or inability to use of any such information.

No warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any such rating or other opinion or information or calculation is given or made by the Company in any form or manner whatsoever.

You hereby waive any and all claims against the Company and any of its subsidiaries, divisions, affiliates, employees, shareholders, equity owners, managers, agents, representatives and licensors (including independent contractor) arising out of your use of the Sites and the information available thereon.

Our Right to Modify These Terms of Use

We reserve the right to change this Terms of Use at any time. You and every 3rd party user are expected to regularly check https://pexhealthandfitness.com/. When available, changes will appear on the Sites and will be effective when we post the changes. Your continued use of the Sites means you explicitly agree to and accept the changes.

Our Privacy Policy contains further detailed information about how data is collected, used and made available on or by our Sites. Please kindly and carefully read our Privacy Policy.

Intellectual Property

The information and materials used and displayed on the Sites, including but not limited to texts, articles, softwares, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of the Company or its affiliates or licensors, unless explicitly stated otherwise in written, and are protected by respective copyright, trademark and other applicable laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the prior written permission of the Company. We grant you a personal, non-exclusive, non-transferable,

revocable license to use the Sites and any materials on the site for non-commercial purposes subject to these Terms of Use.

Prohibited Usage of the Sites

The Sites can only be used for lawful purposes and in accordance with the Privacy Policy and these Terms of Use.

You hereby explicitly accept, declare and undertake not use our Sites:

– In any way that violates any applicable federal, state, local or international law or regulation.
– For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
– To impersonate or attempt to impersonate the Company, a Company employee or representor or contractor or manager or shareholder to another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
– To engage in any other conduct that restricts or inhibits anyone’s honest use or benefit of the Sites, or which, as determined by us, may harm Company or users of the Sites or expose them to liability.
– Export and pull out data from the Sites for any commercial, marketing, or data compiling or enhancing purpose.
– Issue any viruses, Trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.
– Attempt to have unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites.
– Otherwise attempt to interfere with the proper working of the Sites.
Content That You Make Available on the Site

If you voluntarily disclose personal information (name, surname, contact, email address etc.) on the Sites, or any channels or on any other user or member-generated pages, that information is subject to be possibly viewed in search engines, collected and used by other 3rd parties and may result in unsolicited contact from other parties. Voluntarily disclosure means any kind of explicit or implicit disclosure after reading this Terms of Service. You hereby explicitly accept, undertake and agree to be bound by the covenants of this Terms of Service related to the above mentioned data disclosure.

The content you share must not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

We strongly advise and encourage you to not post any personal or other sensitive information on our Sites. Please kindly be aware that personal information or personally identifiable information, is any information related to an identifiable real person.

Any disclosure you post to the Sites will be considered non-confidential and non-proprietary. By providing any such information on the Sites, you hereby explicitly grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

When applicable, Company has the unilateral right to:

● Remove or refuse any content you share for any or no reason.
● Take any action with respect to any content you share that we deem necessary or
appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for the Company.
● Disclose your identity or other information about you to any third party who reasonably and clearly claims that material you posted violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
● Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Sites.

You waive and hold harmless the Company and its affiliates, employees, shareholders, managers, officers, agents, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from

any actions taken as a consequence of investigations by either the Company, such parties or law enforcement authorities.

The Company assumes no liability or responsibility for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to any 3rd parties for performance or nonperformance of the activities described in this section.

Indemnification of the Company

You agree to indemnify, defend and hold harmless the Company, and its officers, directors, shareholders, equity owners, employees, agents, information providers, affiliates, licensors and licensees (“Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of and data or content disclosure of the users or breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You hereby accept, declare and undertake to fully cooperate regarding the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Third-Party Links, Advertisements, Websites and Content

The Company does not review or monitor any links, websites, articles, or other media linked to or available through the Sites and are not responsible for the content of any such third-party advertisements or linked websites. If you purchase any third-party products or services described on the Sites or links we refer to, we strongly advise you to verify pricing, product quality and other information necessary to make an informed purchase. Neither Company nor its subsidiaries, divisions, affiliates, employees, shareholders, equity owners, managers, agents, representatives and licensors (including independent contractor) shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Sites.

Disputes

These Terms of Use and any disputes arising out of or related to the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Delaware, Kent County.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute an entire and valid agreement between you and the Company with respect to the Sites and supersede all prior and contemporaneous contracts, covenants, understandings, agreements, representations and warranties, both written and verbal, with respect to the Sites.

Fees

This section applies to your purchase and use of any portion of our Sites that requires payment. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Terms and will be incorporated herein by reference. Unless specified in writing, all parts of the PEX Sites that require a payment are non-refundable.

We may provide, at any time and for any reason and in our sole discretion, refunds, discounts or other consideration to some or all of our users. The provision of any such consideration in one instance does not entitle you to credits in the future for similar instances, nor does it require us to provide any consideration in the future.

If we offer any paid offer in our Sites as a one-time purchase, such one-time purchases may not be canceled and you are not entitled to a refund for such services.

PEX accepts orders for certain equipment, apparel, accessories that we may offer through our Sites. Unfortunately, availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide, or digitally to the email address and/ or phone number you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through our Sites or to your email address after your payment has been processed.

You authorize us (or our third-party payment processor) to charge your chosen payment method for any portion of our Sites that requires payment. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processes) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). All prices shown are in USD currency unless otherwise stated. If the payment method cannot be verified, is invalid or otherwise not acceptable, the portion of our Sites that requires payment may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of such paid offers.

How to Contact Us

The Sites are owned and operated by PEX HEALTH AND FITNESS, LLC headquartered at Boston, Massachusetts. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: kaan.koker@valens-research.com

Requests to use and reproduce content published on https://pexhealthandfitness.com/ should be directed to: kaan.koker@valens-research.com

Thank you for visiting https://pexhealthandfitness.com/