These Terms govern your use of the Site, any related domains, and any use of third party applications, or website to process payments on which this document appears. The Terms may be changed in the future without further notice. These Terms apply exclusively to your access to, and use of, the Site, and do not alter in any way the terms or conditions of any other agreement you may have with Go Pro Workouts for products, services, or otherwise. If you register for any additional services as may be offered by Go Pro Workouts from time to time, additional rules, policies, and disclaimers may apply.
Go Pro Workouts offers a choice between a monthly subscription pricing option and a discounted annual subscription pricing option for certain digital products. These products generally come with a free-trial period. During the free-trial you are able to access the product at no charge. During the free-trial you are able to cancel your membership at no charge. Once the free-trial period ends your credit card will be charged. Go Pro Workouts adheres to a strict no refund policy for all of its digital products. This includes no partial or prorated refunds for customers who choose either the monthly or annual subscription pricing option.
If you use the Site to purchase a product, payment must be received by Go Pro Workouts before Go Pro Workouts accepts an order, unless otherwise agreed by Go Pro Workouts. Go Pro Workouts will need to verify information you provide before it accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, Go Pro Workouts will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Go Pro Workouts expressly conditions its acceptance of your order on your agreement to the Terms.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You certify that any e-mail account you provide to Go Pro Workouts is registered to you.
Go Pro Workouts may prohibit delivery to addresses outside the United States and Canada. Go Pro Workouts will add shipping and handling fees if applicable. Go Pro Workouts reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last, and digital products may not be available. Descriptions of, or references to, products not owned by Go Pro Workouts on the Site do not imply endorsement of that product, or constitute a warranty, by Go Pro Workouts.
Go Pro Workouts will use reasonable efforts to ship products within 7 days of the receipt of a properly completed order and payment when applicable. All delivery or shipment dates provided by Go Pro Workouts to you is Go Pro Workouts good-faith estimate. Product availability may be limited and some products may not be available for immediate delivery. Go Pro Workouts will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
THIS SITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU ACKNOWLEDGE THAT GO PRO WORKOUTS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE.
GO PRO WORKOUTS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, STATUTORY, AND/OR IMPLIED, REGARDING THE SITE AND THE PRODUCTS OFFERED ON THE SITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO WARRANTIES REGARDING THE SITE WILL ARISE THROUGH COURSE OF DEALING OR USAGE OF TRADE. GO PRO WORKOUTS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS CONTENT, OR ANY PRODUCTS OFFERED OR SOLD ON THE SITE.
GO PRO WORKOUTS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS.
GO PRO WORKOUTS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL GO PRO WORKOUTS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (a) THE SITE; (b) THE USE OR INABILITY TO USE THIS SITE; (c) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (e) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (f) OTHERWISE UNDER THIS AGREEMENT, EVEN IF GO PRO OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, TO THE EXTENT THAT THOSE EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.
Go Pro Workouts will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of any event beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
This Section survives any termination of the Terms.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, GO PRO WORKOUTS LIABILITY TO YOU FOR ANY CAUSE WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GO PRO WORKOUTS FOR ANY PRODUCTS SUPPLIED BY GO PRO WORKOUTS, OR ON BEHALF OF GO PRO WORKOUTS, THROUGH YOUR USE OF THE SITE.
If you register to receive emails, notifications, updates, or new product offerings from goproworkouts.com, we collect your name, email address, and city and state of residence. We may also collect any personal information that you include in any email correspondence with the Site. The Site does now sell, rent, or trade your personal information collected on the Site to third parties for commercial or marketing purposes. We may use third parties to provide specific services, such as maintaining the Site. Those third parties may have access to and use of the information collected from you in order to perform services for the Site. We also may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law, or if it is necessary to protect the users of the Site or the public. This Section only applies to information collected online by the Site. You should be aware that if you voluntarily disclose or display personal information (e.g., email address) in public or user accessible areas of the Site, that information can be collected an used by others and may result in unsolicited messages from third parties.
In using this Site, you agree not to upload, post, transmit, distribute, or otherwise display on the Site any information or materials:
(a)In connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any unsolicited messages
(b)that restrict, disrupt, or inhibit the use of, or security for, the Site or linked Third Party Sites;
(c)that are unlawful, inappropriate, threatening, abusive, defamatory, infringing, obscene, or pornographic, or otherwise violates the law;
(d)that constitute or encourage conduct that would be a criminal or civil offense or otherwise violate the law;
(e)that contain viruses, Trojan horses, worms, or the harmful, disruptive, or destructive files;
(a)Removal of Infringing Content. It is Go Pro Workouts policy to respect the copyright and intellectual property rights of others. Go Pro Workouts may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Go Pro Workouts may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
(b)Procedure for Making Claims of Infringement. If you believe that Go Pro Workouts or any user of our Site has infringed your copyright in any material way, please provide Go Pro Workouts with all of the following information:
(1)an electronic or physical signature or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2)a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3)a description of where the material that you claim is infringing is located on the Site;
(4)your address, telephone number, and email address;
(5)a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owners, its agent, or the law;
(6)a statement by you, made under penalty or perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The information in (b) above must be provided to P.O. Box 18, 38 Spring Street Nashua NH 03061.
You agree to indemnify and hold harmless Go Pro Workouts, its parents, subsidiaries, officers, directors, members, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of (a) content or other materials you submit, post, transmit, or make available through the Site, (b) your use of the Site, (c) your connection with the Site, (d) any violation of these Terms by you, or (e) your violation of any rights of a third party. The terms of this section survive any termination of the Terms.
Go Pro Workouts may, in its sole discretion, terminate or make any changes to the Site, your account, or any products available through the Site at any time and without notice to you. You agree that Go Pro Workouts will not be liable for any of those changes or the termination of the Site or your account.
(a)Entire Agreement. The Terms constitute the entire agreement between Go Pro Workouts and you with respect to your use of the Site.
(b)Causes of Action. Any cause of action you may have with respect to the Site must be commenced within one month after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
(c)Waivers. Any failure by Go Pro Workouts to enforce or exercise any provision of the Terms or related right will not constitute a waiver of that right or provision.
(d)Sections. The section titles used in the Terms are for convenience and have no legal or contractual effect.
(e)Relationship between Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Go Pro Workouts, and you do not have any authority to create any obligation or make any representation on Go Pro Workouts behalf.
(f)Assignment. You may not assign this agreement, by operation of law or otherwise, without Go Pro Workouts prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Go Pro Workouts and their respective successors and assigns.
(g)Severability. If any provision of these Terms is determined to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(h)Termination. Go Pro Workouts reserves the right, in its sole discretion, to terminate your license to use the Site and block or prevent future access to, and use of, the Site. You agree that Go Pro Workouts will not be liable for any termination of your use of, or access to, the Site.
(i)Governing Law. These Terms are to be governed by and construed in accordance with the laws of the State of New Hampshire, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site will be filed only in the County of Hillsborough, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of those courts over any suit, action, or proceeding arising out of the Terms.
(j)Survival. This Section survives any termination of the Terms.