ATG PRODUCTS DISCLAIMER
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES.
PLEASE REVIEW CAREFULLY.
THESE TERMS AND CONDITIONS INCLUDE LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM THE DATE OF PURCHASE TO REACH OUT TO US VIA EMAIL AT ATGPRODUCTSCUSTOMERSERVICE@GMAIL.COM TO GET A CREDIT OR REFUND FOR THE UNUSED PRODUCT. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT ATGPRODUCTSCUSTOMERSERVICE@GMAIL.COM.
“ATG" as used herein means ATG Buddies LLC, a Delaware LLC, and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees.
HIGH RISK ACTIVITY: Products sold by ATG include equipment and gear used in fitness, weight training, and exercising. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature orninserts before using the product. Save these documents for reference.
ASSUMPTION OF THE RISK: By buying, using, providing, or allowing the use of ATG products, you understand and agree that fitness, weight training, and exercising are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of ATG including but not limited to equipment malfunction from whatever cause, or any other fault of ATG. Additionally, you agree to indemnify, defend and hold ATG harmless from any third-party claims arising from such high risk activities or any other ATG product.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS: Before you allow others to use a ATG product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c)
you agree to indemnify, defend, and hold ATG harmless from any claims made by them arising from their use of ATG products.
LIMITED ATG PRODUCT WARRANTY: ATG warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, as set forth in the Limited Warranty. ATG's sole liability is limited to repairing, replacing or refunding products that are returned within this 90-day period. To make a warranty claim, please contact ATG at firstname.lastname@example.org to receive instructions.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION, THE ATG PRODUCTS ARE PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE OR OTHERWISE, ARE SPECIFICALLY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY: As set forth above under the limited warranty provision, ATG's liability is limited to repair, replacement or refund of the purchase price of defective products
reported to ATG within the warranty period.
IN NO EVENT SHALL ATG'S LIABILITY EXCEED THE VALUE OF THE PRODUCTS SOLD TO YOU. ATG SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF ANY PRODUCT SOLD THROUGH ITS WEBSITES, SOCIAL MEDIA ACCOUNTS, RESELLERS, OR OTHERWISE. Applicable law may not allow the limitation or exclusion of liability of special, incidental, punitive or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
WARNING: Use and misuse of products sold through ATG's websites, social media accounts, resellers, or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. ATG cannot and will not be responsible for the misuse or unauthorized and improper use of products.
INSPECT BEFORE EACH USE: This product must be inspected for use to ensure it has not damaged in shipment. You must inspect the product prior to first use and, if damaged, do not use and immediately return the product to ATG for a replacement. Please contact ATG at email@example.com, for instruction.
APPLICABLE LAW AND RESOLUTION OF DISPUTES: Your order from ATG shall be interpreted and construed in accordance with laws of the State of Delaware without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Florida and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or
claim you may have with respect to the purchase of ATG products or any other claim related to the use of products must be commenced within one (1) year after the claim or cause of action arises. ATG's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
CONTACT US: You may contact us by email to firstname.lastname@example.org or
mailing us at P.O. Box 1018 Clearwater, Florida 33757