TERMS OF USE AND PURCHASE

  

Your access to the 918 Strength website and the purchase and use of any and all 918 Strength, LLC (“918”) digital products, e-books, PDF downloads and/or online content (“918 product”) is subject to the following terms and conditions, releases of liability for accessing the 918 website and for purchasing/using 918 products (collectively, “Terms”) and/or Separate Terms (as defined below), and all applicable laws and regulations. By using and accessing our website and purchasing 918 products, you consent and agree to these Terms, the Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s) below, and any other applicable policies. If any 918 product have additional terms and conditions, releases of liability, privacy statements, or other policies ("Separate Terms"), then those Separate Terms shall apply in connection with your purchase and/or use of that 918 product. To the extent there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern. “Purchaser”, “You”, “your” or any derivative thereof, shall mean: (i) any person accessing the 918 website; (ii) the purchaser of any 918 product; and/or, (iii) any intended user of any 918 product under a purchaser’s direct care, guardianship, supervision, or control (including but not limited to a child of a Purchaser).

These Terms form a legally binding agreement between you and 918 and govern your access and purchase/use of 918 products. By accessing, purchasing, or using any 918 product, you agree to be bound and abide by these Terms and/or Separate Terms and any amendments thereto, and you agree you are at least 18 years of age. You must read these Terms and/or Separate Terms carefully before purchasing and/or using any 918 products. These Terms and/or Separate Terms may affect your legal rights, such as a jurisdictional provision, and may limit your right to bring a lawsuit or class action for resolution of disputes between you and 918. If you do not wish to be bound by these Terms and/or the Separate Terms, you must not purchase any 918 product. By purchasing any 918 product, you are hereby consenting to these Terms and/or the Separate Terms including but not limited to the Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s).

918 may at any time and hereby reserves the right to suspend and/or terminate your ability to use the 918 website or any portion thereof for failure to comply with these Terms and/or any Separate Terms, or as it relates to a 918 product, for infringing upon trademark, copyright, or intellectual property, or for any other reason.


1. CHANGES IN TERMS


918 has the sole right at any time and without prior notice to revise these Terms and/or any Separate Terms without notice. Changes to the Terms and/or Separate Terms will be published on the 918 website. It is your responsibility to review these Terms and/or Separate Terms in addition to any modifications to said Terms and/or Separate Terms.


2. TERMINATION


918 reserves the right at any time, and without prior notice, to limit or forbid the sale of any 918 products to you, and/or terminate your right to access or use the 918 website or any feature/portion thereof.


3. COMPLIANCE WITH LAWS


You agree to comply with all applicable laws and regulations regarding your use of 918’s website and all 918 products. You must be at least 18 years old to purchase any 918 product and you must not permit any person under the age of 13 years old to use 918’s products. 918 expressly disclaims any and all liability associated with any use of any 918 product.


4. CONTENT


The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the 918 website, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Website Content". Website Content may be out of date, or contain errors and/or omissions. 918’s website may change, delete, or update Content at any time. Website Content is provided for informational purposes only and is not binding on 918. All 918 products are subject to intellectual property protection, and may be subject to trademark, and/or copyright protection. Each 918 product sold is licensed to a single-user only.  For purposes of these Terms, “single-user” shall include both 1) you as the purchaser, and 2) any intended user of any 918 product over the age of 13 and under your direct care, guardianship, supervision, or control (including but not limited to your child). Purchasers are expressly forbidden from copying, distributing, seeking commercial gain from, sharing and/or transferring the product(s) or any part thereof. You may view and use the Website Content for your personal information and for ordering 918 products, and for no other purpose. 918 does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Website Content on or transmitted through 918’s website.

All content, logos, graphics, pages, scripts, and 918 product names included in or made available through the 918 website are subject to the protection of intellectual property rights of 918 in the U.S. in addition to other countries. 918’s intellectual property may not be used without 918’s express written permission. Trademarks and service marks not owned by 918 may appear on 918’s website and are the respective owners’ property. 918 may or may not be affiliated with, connected to, or sponsored by those respective owners.

By purchasing any 918 product, 918 grants you as Purchaser with a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to use the specific 918 product for your personal, non-commercial use only.


5.  RESTRICTIONS


You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with 918’s website or any 918 product; (ii) decompile, reverse engineer, disassemble or otherwise reduce 918’s website or any 918 product to a human-readable form; (iii) remove 918 identification, intellectual property, trademark, copyright or other proprietary notices in or on 918’s website or any 918 product; (iv) access or use 918’s website or any 918 product in an unlawful or unauthorized manner or in a manner that suggests an association with 918’s content, products, services or brands, unless you have an executed agreement with 918 that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any 918 product or any part thereof, except as expressly authorized in these Terms; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage 918’s website or any 918 product or connected network, or interfere with any person or entity’s use or enjoyment of 918’s website or any 918 product; (vii) access, monitor, or copy any element of the 918’s website or any 918 product using a robot, spider, scraper or other automated means or manual process without 918’s express written permission; or (viii) sell, resell, or make commercial use of 918’s products, unless you have an executed agreement with 918 that expressly allows for such activity. You may not access or use 918’s website or any 918 product in violation of United States export control and economic sanctions requirements. 

By accessing or otherwise using any services, content or software through 918’s website or any 918 product, you represent and warrant that: (i) your access to and use of 918’s website or any 918 product, or any content or software therein, will comply with any and all requirements in these Terms; (ii) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “state sponsor of terrorism”, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (iii) you will comply with all applicable local, state, national, and international laws, rules, regulations and ordinances in connection with your use of 918’s website or any 918 product. 

6. NOTICE AND PROCEDURE FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS

If you have any concerns related to intellectual property on the 918 website or any 918 product, please contact 918 at the following email address: mark@918Strength.com 


7. ACCOUNTS


By purchasing a 918 product on the 918 website, you may create an account to participate or to secure additional benefits or retrieve your 918 product(s). You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes, if any. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness. You also agree to promptly notify 918 of any unauthorized use of your account, if any, or your username, password, other account information, or any other breach of security involving or relating to 918’s website.


8. ELECTRONIC COMMUNICATION


By using the 918 website you consent to receive communications from 918 electronically. 918 will communicate with you by email or by posting notices on 918’s website. You agree that all notices, disclosures, agreements and other communications that 918 provides electronically satisfies any legal requirement that such communications be in writing.


9. THIRD-PARTY LINKED SITES


Links to third-parties’ websites do not constitute sponsorship, endorsement, or approval by 918 of the third-parties’ content, policies, or practices of such linked sites. 918 does not operate, control, or maintain linked sites and is not responsible for the third-parties’ availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you agree to access third-parties’ websites at your own risk.


10. PRICES; ORDERS


918 reserves the right to accept or decline any purchase and for any reason. 918 reserves the right to limit the order quantity on any product and to refuse the purchase of product(s) to any customer without prior notification. In the event that a product is listed at an incorrect price due to error, 918 shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your debit and/or credit card charged. If your debit/credit card has already been charged for the purchase and your order is canceled, 918 shall promptly issue a credit to your debit/credit card account in the amount of the incorrect price.


11. PERSONAL PAYMENT INFORMATION


All transactions for purchase of intangible products, e-books, PDF downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.

When you provide any information to us for any reason or purchase any 918 product, you agree to only provide true, accurate, current, and complete information. By providing any debit/credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. You are responsible for promptly updating any information changes, such as to keep your billing information current. You must promptly notify 918 if your payment card is changed or cancelled. Changes to such account or billing information can be made by contacting 918 at mark@918Strength.com. To help keep your account current and prevent service interruption, you acknowledge 918 may update your payment card information on file when it is set to expire or based upon updates received from the bank that issues your payment card. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.


12. RETURN POLICY


All 918 products are deemed "used" after purchase. 918 has a strict no refund policy in regards to used 918 products. 


13. MOBILE SERVICES


The 918 website may include certain services that are available to you via your mobile phone or other mobile device, including the ability to use your mobile device to purchase a 918 product, and gain to access to certain other features. Mobile devices and/or mobile apps may be subject to additional terms and conditions.


14. DISCLAIMER AND LIMITATION OF LIABILITY OF 918 WEBSITE AND CONTENT


918 provides the website (including all Website Content) “as is” without warranty of any kind, whether express or implied. You are solely responsible for damage that results from the use of the 918 website including, but not limited to, damage to your computer system or loss of data. 918 SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 918 SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU.

UNLESS PROHIBITED BY APPLICABLE LAW, 918 MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO 918’S WEBSITE, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. 918’S WEBSITE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT 918’S WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH 918’S WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF 918’S SERVICES.

UNLESS PROHIBITED BY APPLICABLE LAW, 918 SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT 918 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 


15. RESTRICTION ON USE OF 918 PRODUCT


The products offered by 918 provide athletic training information which has been designed only for educational purposes.  Professional medical advice should take precedence over the educational information in the 918 products. The educational information in the 918 product is not to serve as a substitute/replacement for professional medical treatments, diagnoses, or advice.  If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.  You should not delay, avoid, or disregard seeking medical attention or health advice from your physician or a health-care professional based on information on the 918 website or a 918 product. As described herein, the use of any information provided on the 918 website or any 918 product is solely at your own risk. This website and the 918 product do not offer medical advice. The information in the 918 website and products are general in nature and may not be for everyone.

You should consult a qualified health care professional before starting any baseball training program, such as the 918 products, or any other similar program, because exercise or training programs contain a risk of injury, especially if you or your family have a history of: high blood pressure/heart disease; if you have ever experienced chest pain when exercising or, when not engaged in physical activity in the past month; smoke; have high cholesterol; are obese; have problems with a bone/joint that can be exacerbated or worsened as a result of a change in physical activity; or, any other reason why you believe starting any baseball training program may be adverse to your health. Do not start this fitness program if your physician or health care provider advises against it. Stop utilizing the 918 product and cease all training or exercise if you experience headaches, dizziness, shortness of breath, or discomfort, and immediately consult your physician or a qualified health care provider.


16. DISCLAIMER AND LIMITATION OF LIABILITY, ASSUMPTION OF RISK, AND DISCLAIMER AND INDEMNITY OF 918 PRODUCT(S)


By purchasing any 918 product, you, individually, as the purchaser of any 918 product, and on behalf of any intended user of any 918 product under Purchaser’s direct care, guardianship, supervision, or control (including but not limited to a child of a purchaser) (collectively, “Purchaser”), authorize and consent to Purchaser’s use and enjoyment of the 918 product, which may include, but is not to be limited to, sports training, aerobic and/or anaerobic exercises, use of sports equipment such as baseball bats, or other activities designed to increase baseball playing abilities (“Product Activities”). Purchaser understands the nature of the Product Activities requires Purchaser to be qualified, in good health, and in proper physical condition for participation. Purchaser fully understands that the Product Activities involve risk of serious bodily injury, including permanent disability, paralysis and death, which may be caused by: Purchaser’s own actions or inactions, the actions or inactions of others or observers, actions or inactions of known or unknown third-parties, actions, inactions, or negligence by 918 or its employees, agents, servants, directors, or officers, and/or the conditions in which the Product Activities take place. Purchaser fully accepts and assumes all such risks and all responsibility for losses (social and economic), costs, fees, and damages Purchaser incurs as a result of Purchaser’s participation in Product Activities and/or use of the 918 product.

Purchaser hereby releases, discharges, and covenants not to sue 918, 918’s subsidiaries and/or other affiliated entities, related companies, divisions, or 918’s respective owners, administrators, trustees, corporation members, staff, directors, representatives, agents, officers, volunteers, or employees (“the Releasees”) from all liability, claims, demands, lawsuits, losses, or damages on Purchaser’s account caused in whole or in part by the actions or inactions, negligence, or wrongdoing by the Releasees. If, despite this Agreement, Purchaser, or anyone on Purchaser’s behalf, makes a claim against any of the Releasees, Purchaser hereby agrees to indemnify, save, and hold harmless each of the Releasees from any losses (social and economic), costs, fees, lawsuits, and damages, which any may incur as the result of such a claim. Purchaser further agrees to reimburse any costs and attorney fees incurred by any of the Releasees associated with the defense of any claims, demands, lawsuits, losses, or damages brought by Purchaser and/or on behalf of Purchaser resulting therefrom. Purchaser expressly agrees that this Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s) is intended to be as broad and inclusive as permitted by the law of the State of Oklahoma and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

In consideration of 918 selling Purchaser the 918 product and permitting Purchaser to use the 918 product to participate in Product Activities and all similar or other related Product Activities associated with the 918 product, Purchaser acknowledges and agrees to all terms and condition of 918’s Terms, Separate Terms, and this Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s). Purchaser acknowledges that Purchaser is aware of the possible RISKS, DANGERS AND HAZARDS associated with Purchaser’s use of the 918 product and/or participation in Product Activities, including the possible risk of severe or fatal injury to Purchaser, someone on Purchaser’s behalf (including Purchaser’s children or intended product users), or others. These risks include, but are not limited to the following:

  • Risks associated with physical nature of use of the 918 product or the Product Activities;
  • Risks associated with the misuse of the 918 product or the Product Activities;
  • Risks associated with travel to and/or from Product Activities associated with the use of      the 918 product;
  • Risks associated with failing to utilize common sense, safety guidelines, instructions, or      directions of the 918 product(s) or when participating in Product Activities;
  • Inherent risks associated with fast-paced sports-related Product Activities, including the      use of the 918 product;
  • Risks associated with medical problems arising before, during and following use of the 918 product or participation in Product Activities associated with the use of the 918 product; and
  • Other unidentifiable or not mentioned probable and unforeseen risks.

Purchaser, for him/herself, voluntarily accepts and fully assumes such risks, dangers and hazards and the possibility of personal injury, death, partial or permanent disability, property damage or loss resulting from Purchaser’s use of the 918 product and/or participation in Product Activities associated with the use of the 918 product. Purchaser releases, indemnifies and hold harmless 918, 918’s subsidiaries and other affiliated entities, related companies, divisions, or 918’s respective owners, administrators, trustees, corporation members, staff, directors, representatives, agents, officers, volunteers, or employees from: (i) any loss, personal injury, accident, misfortune or damage to Purchaser and/or his/her property, with the understanding that reasonable precautions must be taken to ensure the health and safety of the intended user of the 918 product; (ii) any claims, demands, actions lawsuit, and costs for any loss, injury, damage or expense whatsoever that might arise out of Purchaser’s use of the 918 product, or participation in or travel to/from Product Activities associated with the use of the 918 product, including all claims for ordinary negligence; and (iii) any and all liability for any damage to the personal property of, or personal injury to, any third-party resulting from Purchaser’s use of the 918 product, or participation in or travel to/from Product Activities associated with the use of the 918 product. 


17. MANDATORY ARBITRATION/DISPUTE RESOLUTION


By using 918’s website and by using 918 products, you agree that all disputes, claims, or causes of action arising from or related to your use of such products will be resolved through binding arbitration in Tulsa County, State of Oklahoma in accordance with the rules of the American Arbitration Association. Arbitration of a dispute, claim or cause of action shall be in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

These Terms, Separate Terms, and Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s) shall be construed in accordance with the laws of the State of Oklahoma, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Oklahoma and you will initiate any claim in connection with use of the 918 website or the Terms, Separate Terms, and Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s) in Tulsa County, State of Oklahoma.

Nothing in this Section shall prevent 918 from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to 918’s website or 918 products.


18. GENERAL TERMS


These Terms, Separate Terms, and Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s), and any amendments and any additional agreements you may enter into with 918, shall constitute the entire agreement between you and 918. In the event that any section or portion of the Terms, Separate Terms, or Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s) shall be invalidated by legal declaration, it shall have no effect on the validity and legality of any other portion or section of this agreement not invalidated.

918’s waiver of any Terms, Separate Terms, and Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s) shall not be deemed a further or continuing waiver of such term or any other term. 918’s failure to assert any right or provision under these Terms, Separate Terms, and Disclaimer and Limitation of Liability, Assumption of Risk, and Disclaimer and Indemnity of 918 Product(s) shall not constitute a waiver of such right or provision.