These Terms are binding, and you agree that you will comply withthese Terms. These Terms are effective as of the Effective Date identified above. The act of accessing or using the Site signifies your consent to these Terms without limitation or qualification. If you do not agree to these Terms, you should not use the Site. Hada Deal reserves the right to modify these Terms, and the contents of the Site,including the features, availability, or operation of the Site, at anytime in our sole discretion. We encourage you to periodically review the Terms posted on the Site. You agree to monitor the Site for any changes made there on and that your continued use of the Site following the posting of any changes indicates your understanding of an agreement to such changes.
Additional or different terms may apply to some products, services,or portions of the Site. Those terms will be posted on the Site inconnection with the relevant offering. If the other terms are inconsistent with these Terms, the other terms will govern for the relevant offering.
The Site may contain links to goods, services, or content that are not under our control, including third-party websites or apps where products may be available for purchase. These links are provided only as a convenience and as an additional avenue of access to the subject matter available at the linked location. Hada Deal has not necessarily reviewed all the subject matter available at the linked location and is not responsible for it, or for any goods, services,content, or products that may be offered. Inclusion of links to other websites or apps should not be viewed as an endorsement of the content of linked websites or apps, and different terms and conditions may apply to the use of any linked websites, apps, or purchases made at those locations. Hada Deal is not responsible for the content of those websites, apps, or services or any losses, damages, or other liabilities incurred as the result of the use of any of the websites, apps, goods,services, content or products referenced on the Site. Some Hada Deal products are offered for sale by independent dealers or third-partyretailers, and the purchase of any such product is subject to the terms and conditions of the applicable sale, lease, or retail installment contract or other form of agreement.
You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Terms,and to qualify under, abide by, and comply with these Terms.
4. Accuracy, Completeness and Timeliness of Information
Information presented on the Site is for informational purposes only.Although Hada Deal makes reasonable efforts to ensure that all information included on the Site is correct, accuracy, completeness, and timeliness cannot be assured. Hada Deal does not assume any responsibility or obligation for the accuracy, completeness or timeliness of information included on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.
Hada Deal neither represents nor warrants that any product or service depicted or mentioned on the Site is currently available for sale or in production or has been tested for commercial use. Regardless of any information presented on the Site, Hada Deal reserves the right, without prior notice, to discontinue products and services,including models, parts, accessories, and other items, or to change specifications at any time without incurring any obligations.Information on the Site does not constitute a binding offer to buy or sell any products or services or to make any products or services available in your area. Hada Deal also does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Information on the Site regarding job openings does not constitute a binding offer of employment.
5. Use of the Site and Standards of Conduct
To maintain the integrity of the Site and the experience of Users,you agree not to miss use the Site or its content. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:
- Disrupt or interfere with the normal operation and navigation of the Site or the availability of the Site to other Users.
- Circumvent any measures we use to limit access to the Site or particular content available on the Site.
- Access the Site using any unauthorized “robot,” “spider,” “scraper” or other automated means.
- Provide or use a false name, email address or other contact information, impersonate any person or entity, or otherwise miss represent your identity, affiliation or the origin of materials you transmit.
- Display the Site, or any of its content, in a “frame” or otherwise in connection with any other content or trade mark, or in any other way that could potentially deprive Hada Deal of revenue or falsely suggest a relationship between us and any third party.
- Make any commercial use of the Site or its content, including collection or use of information concerning our product offerings,descriptions, images, prices and sales volumes, except as we specifically authorize.
- Maintain any link to the Site from any commercial website other than the authorized website of a distributor of Hada Deal products or maintain any link to the Site that we ask you to remove.
- Transmit to or through the Site any viruses, spyware, adware orother harmful code, political campaign communications, chain letters,mass mailings, or any form of “spam.”
- Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the Site.
- Use the Site to advertise or promote any goods or services other than hada Deal’s.
- Use the Site to transmit or collect personal information about other users.
- Use the Site, or any content from the Site, to advertise or solicitfor any other person, entity or cause, or otherwise to compete with us or act illegally or maliciously against our business interests orreputation.
If you violate this Section, we may terminate your access to the Site, take other remedial actions, and seek any remedies permitted by law. Termination of access or use of the Site will not waive or affectany right or relief to which Hada Deal may be entitled at law or inequity.
The Site may provide the opportunity for you to create a user account to access certain functionality provided through the Site (a “User Account”). This Section, “Accounts,” establishes additional terms that apply to User Accounts.
You are responsible for maintaining the confidentiality of your User Account authentication credentials such as your account login names and passwords, and you must not permit use of your User Account by anyone else. You accept responsibility for all activities that occur under your User Account. If you have reason to believe that an unauthorized person is using or has accessed your User Account, please contact us immediately at email@example.com. We are not responsible for any loss or damage resulting from unauthorized use of your User Account.
You authorize us to use the contact information you provide us to communicate with you about our Site and products. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, including through posting or email,satisfy any legal requirement that such communications be in writing.You may opt out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.
We reserve the right to terminate access to your User Account at anytime, without notice, in our sole discretion for any or no reason,including but not limited to inactivity or misuse. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account, and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination, these Terms shall continue to apply to any other use of the Site that you are permitted to make.
The Site provides various mechanisms to disable or delete your User Account. For many of our sites you can log in to your User Account and disable or delete your account through the account settings. In some instances, Hada Deal may retain some of the associated account information for reporting or regulatory purposes after a User Account has been disabled or deleted.
7. Community Forums and User Content
The Site may provide the opportunity for you to submit comments or otherwise transmit or publish material through the Site including, but not limited to, product reviews, blogs, “My Community” sections, owners’clubs, and official Hada Deal social media accounts on Facebook or Twitter (collectively, “Community Forums”). Information you provide to us, other than product orders and personal information, is referred to in these Terms as “User Content.” This Section 7, “Community Forums and User Content,” states additional terms that apply to User Content.
You are responsible for any User Content submitted via the Site,including the legality, reliability, appropriateness, originality and copyright of any such User Content. You are prohibited from submitting any User Content that: (i) is false, fraudulent, libelous, defamatory,obscene, threatening, invasive of privacy or publicity rights,infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violates any law, or (iii) violates the provisions of Section 5, “Use of the Site and Standards of Conduct.” When you submit User Content, you represent and warrant that you have the right to provide it to us, that it does not violate the prohibitions above, and that it is not inaccurate, false or misleading.
When you submit User Content, the profile information you provided inconnection with your User Account (e.g., your user name) may be displayed with the User Content. You grant us a non exclusive, worldwide,royalty-free, perpetual, irrevocable, fully transferable and sublicensable license to use, reproduce, create derivative works of,distribute, perform, display and in any other way exploit User Content by any means now known or developed in the future, and for any purpose,including for developing, manufacturing, and marketing products and inadvertising. You agree that (1) User Content is not being provided to usin confidence; (2) there is no confidential or fiduciary relationship between you and us; and (3) you have no expectation that we will review,acknowledge or compensate you for your User Content.
To avoid the possibility of misunderstandings, our policy is not to accept creative ideas, product designs, proposals, business plans or similar materials provided as User Content. Please do not provide us such materials. If you nonetheless do so, the immediately preceding paragraph will apply.
We may refuse or remove User Content without notice to you. We may monitor User Content, but are not required to do so. You agree that we will not be liable for any loss or damage resulting from your User Content or similar submissions made by other users.
8. Purchases & Financing Information
The Site may offer you the opportunity to order products. In some situations, the Site may transfer you to a third party who sells products or processes payments on our behalf. This Section 8,“Purchases,” states additional terms that apply to such orders.
Financing Information. From time to time, the Site may provide opportunities for you enter personal information and obtain additional details on financing options for some of our products. Financing information is provided by third parties and is subject to those third parties’ policies and terms.
Product Availability and Pricing. Not all products areavailable in all models and colors. When you order a product, the pricewill be made clear during the order process. All prices are in U.S.Dollars. You agree to pay the price that is stated in your order, aswell as any applicable taxes and shipping expenses, where applicable.While we try to provide accurate pricing information on the Site, aprice stated on a Site occasionally may be in error. If we discoversuch an error, we will attempt to notify you using the contactinformation provided in connection with your order, and we will give youthe choice to cancel your order or pay the correct price.
Product Descriptions. We try to be accurate when we describeand depict products on the Site. However, we cannot guarantee thatimages we provide will be displayed properly on your device, or that ourproduct descriptions and images will always be complete, reliable,current and error-free. If you purchase a product from the Site that youbelieve is not as described or depicted, you may return it to theextent provided in the applicable return policy.
Taxes. Purchases through the Site may be subject to taxes incertain states. Tax rates are different from state to state. You areresponsible for paying all such taxes.
Discounts and Promotions. The specific terms of any discountsor other promotions are stated at the time they are offered. Promotionscannot be combined unless we specifically state otherwise. Eligibilityfor any promotions is determined at the time of your order.
Ordering. When you click the “Place Order” button on the Site,you make an offer to buy the relevant products. While we may confirmreceipt and processing of orders by email, such confirmation does notconstitute our acceptance of your order. We cannot guarantee that allitems displayed on your order confirmation will be in stock at the timeyour order is shipped. We reserve the right to reject or cancel anyorder, in whole or in part, at any time prior to shipping. If we do, wewill attempt to notify you using the contact information provided inconnection with your order. You agree not to try to exceed statedquantity limits (except where specifically noted), violate the terms ofany specific offer or promotion, or place orders through the Site if wehave notified you that you are prohibited from placing orders throughthe Site.
Payment. We accept only the payment methods indicated on theSite. When you provide payment information, you represent that theinformation is accurate and that you are authorized to use the paymentmethod provided. If your payment method has expired or is otherwiseinvalid when we try to charge it, you remain responsible for payment,and for all costs we incur in collecting any unpaid amounts, including,but not limited to, attorney and collections fees.
Shipping to our Retail Customers. Shipping options andapplicable charges will be stated during the order process. The U.S.Postal Service delivers to P.O. boxes, but this method may delay yourorder. Please note that Next Business Day and 2nd Business Day shippingoptions are not available for delivery to P.O. boxes. We will send youemails with updates on your order’s status as they becomeavailable. Additional charges may apply for shipments to Alaska andHawaii.
Shipping to addresses outside the U.S. is available on a limitedbasis and may be subject to additional terms, fees, and restrictions.Such information will be provided during the checkout process. If youhave any questions or require additional information about shipping toaddresses outside the U.S. please contact us using the information inthe “How to Contact Us” section, below.
Stated shipping times and delivery estimates are only estimates andare not binding. If a product becomes unavailable between ordering andprocessing, we will cancel your order and attempt to notify you usingthe contact information provided in connection with your order. Legaltitle to products, and the risk of loss or damage to the products, istransferred to you when products are provided to the carrier. You willbe responsible for filing any claims with the carrier for damaged and/orlost shipments.
Returns. Return policies are posted on the relevant Site. Wereserve the right to refuse to issue a refund or credit, and the rightto recover the cost of return delivery from you, if any product youreturn (1) is not eligible for return, in accordance with the relevantreturn policy or the terms of any specific offer or promotion, or (2) isfound to have suffered damage after delivery to you, including as aresult of having been misused by you. We take legal title to returnedproducts only after they arrive and are processed at our designatedreturns location.
Return terms and policies may vary. Please check the return policy ofthe Site where you are making a purchase for additional details. Wherethe Return terms and policies are different for a particular Site fromwhat is stated above in these Terms, those specific Return terms andpolicies will control.
9. Contests and Sweepstakes
Hada Deal may offer sweepstakes or contests, which may be hostedby or offered in conjunction with third parties. Additional or differentterms may apply to such contests or sweepstakes. The relevant termswill be posted where information is collected to enter the contest orsweepstakes. If the other terms are inconsistent with these Terms, theother terms will govern for that contest or sweepstakes.
10. Intellectual Property
All content included on the Site, including text, designs, graphics,trademarks, service marks, logos, icons, images, audio clips, downloads,interfaces, and software, any intellectual property held by Hada Deal, and the selection and arrangement of any of these, are theexclusive property of Life Fitness, its content providers, andapplicable trademark owners, and is protected by copyright, trademark,and other applicable laws. The copying, downloading and/or printing ofcontent included on the Site is for your personal and non-commercial useonly and is conditioned on your not modifying or deleting anycopyright, trademark or other proprietary notice that appears on thecontent. Any other use of content contained on or obtained from theSite, including, but not limited to, the modification, distribution,transmission, performance, broadcast, publication, licensing, reverseengineering, transfer or sale of, or the creation of derivative worksfrom, any content obtained from the Site is expressly prohibited. Hada Deal, its content providers, and applicable trademark owners retainfull and complete title to the content provided on the Site, includingall associated intellectual property rights. Nothing on the Site shallbe construed as granting by implication, estoppel, or otherwise, anylicense or right to use any content, including any trademark, logo, orservice mark displayed on the Site, without the owner’s prior writtenpermission, except as otherwise described herein. Hada Deal reservesall rights not expressly granted in and to the Site and its content.
We may make Intellectual Property available through the Site todealers and other third parties with whom we have additional agreementsin place. In some cases, those materials are subject to separateagreements or terms, which may be posted on the relevant Site, orrequire separate authentication credentials.
11. Dispute Resolution
If you have any dispute with or claim against Hada Deal(a“Claim”) arising out of or relating to the Site, these Terms, anyproduct acquired through the Site, or any communications between you andus relating to the Site, and the claim is not resolved by contacting usat the contact information provided in the “How to Contact Us” sectionof these Terms, you and we each agree to resolve such disputes throughan individual binding arbitration or an individual action in smallclaims court. Class arbitration and class actions are not permitted,and your Claim may not be consolidated with any other person’s claim.This Section 12 shall survive termination of your use of the Site or anyUser Account that you may have.
By virtue of this Section 12, you and Hada Deal are each giving up the right to go to court and have a Claim heard by a judge or jury except in small claims court. Theprovisions of this Section 12 shall constitute your and Hada Deal’swritten agreement to arbitrate Claims under the Federal Arbitration Actor to have Claims resolved in small claims court. Any modification tothis Agreement shall be in writing and signed by you and Hada Deal.1
12. LIMITATION OF LIABILITY
HADA DEAL MAKES THE SITE AVAILABLE AT NO CHARGE. YOU UNDERSTANDAND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SITE AND THAT SUCHUSE IS AT YOUR SOLE RISK AND DISCRETION HADA DEAL, ITS AFFILIATES,DEALERS, OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISINGOUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITYTO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICESADVERTISED IN OR OBTAINED THROUGH THE SITE, HADA DEAL’S REMOVAL ORDELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISEARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,STRICT LIABILITY OR OTHERWISE, EVEN IF HADA DEAL OR ANY OF ITSAFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.IF ANY CONTENT IS DOWNLOADED FROM THE SITE, IT IS DONE AT YOUR SOLE RISKAND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURCOMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANYSUCH MATERIALS. HADA DEAL WILL NOT BE LIABLE FOR ANY FAILURE OR DELAYIN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL,INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF SHIPPERS OR OTHERTHIRD-PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT,SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE ORFAILURE OF THE INTERNET OR COMPUTER EQUIPMENT. THIS LIMITATION OFLIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISINGFROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES,FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE,ANY LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO,ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLEOR INTANGIBLE LOSS. USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE ANDAGREE THAT HADA DEAL AND SUPPLIERS SHALL NOT BE LIABLE FOR ANYDEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOURSOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS IS TO IMMEDIATELYDISCONTINUE USE OF THE SITE.
You agree to indemnify, defend and hold harmless Life Fitness and itsaffiliates, and their officers, directors, employees, contractors,agents, licensors, service providers, subcontractors and suppliers, fromand against any and all losses, liabilities, expenses, damages andcosts, including reasonable attorneys’ fees and court costs, arising orresulting from use of the Site and any violation of these Terms. If youcause any technical disruption of the Site or the systems transmittingthe Site, you agree to be responsible for any and all losses,liabilities, expenses, damages and costs, including reasonableattorneys’ fees and court costs, arising or resulting from thatdisruption. Hada deal reserves the right, at its own expense, toassume exclusive defense and control of any matter otherwise subject toindemnification and, in such case, you agree to cooperate with Hada Dealin defense of such matter.
15. Entire Agreement
These Terms along with any posted policies or operating rulesconstitute the entire understanding of Hada Deal and Users andsupersedes any prior or contemporaneous communications and proposals,whether oral or written, between the parties with respect to the Site.
17. How to Contact Us
Questions or comments about these Terms or the Site may be directed to:
- e-mail: firstname.lastname@example.org
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