CenCal Barbell

 

Terms of service

OVERVIEW
This website is operated by Cencal Barbell. Throughout the site, the terms “we”, “us” and “our” refer to Cencal Barbell. Cencal Barbell offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cencal Barbell, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cencal Barbell and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@cencalbarbell.com.
Our contact information is posted below:
Cencal Barbell
Contact@cencalbarbell.com
4623 N Blythe Ave, Fresno CA 93722.
559-916-6536

 

Cencal Barbell

TERMS OF SERVICE

 

THESE TERMS OF SERVICE (the “Terms of Service”) set forth the terms under which CenCal Barbell LLC, a California limited liability company (“Cencal Barbell”, “we” or “us”), will provide you with access to and use of https://cencalbarbell.com/, including the related CenCal Barbell mobile application(collectively, the “Site”).

 

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using our Site or services, you agree that you have read and agree to be bound by these Terms of Service.  If you do not agree to these Terms of Service, then you may not access the Site or use any of our services. 

 

We expressly reserve the right to change these Terms of Service from time to time. You acknowledge and agree that it is your responsibility to review our Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of our Site after such modifications will constitute acknowledgement of the modified Terms of Service  and agreement to abide by and be bound by the modified Terms of Service.

 

If any violation of these Terms of Service occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.

 

Our online store is hosted on Shopify Inc. You may view their terms and conditions here: https://www.shopify.com/legal/terms. Our mobile app is powered by GlowFox. You may view their terms of use here: https://www.glofox.com/terms-of-use/.

 

  1. ACCOUNT SET UP; SECURITY AND PASSWORD

 

To use certain portions of our Site, you will be required to register and set up an account (your “Account”). To set up your Account, we need certain information about you, including your name, email address, a username, and a password (collectively, “Account Data”).

 

You agree to provide true, accurate, current, and complete contact and identification information about yourself as prompted by our registration form. If you provide inaccurate, not current, or incomplete information, we have the right to suspend or terminate your Account. Accounts registered by “bots” or other automated methods are not permitted.

 

Please keep your Account Data accurate, current, and secure at all times. By creating your Account, you consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy located at https://cencalbarbell.com/privacy-policy/.

 

You are solely responsible for maintaining the confidentiality of your Account Data and for all statements made and acts or omissions that occur through the use of your Account Data and Account.

 

2. DIGITAL SIGNATURE; ELECTRONIC RECORDS

 

By registering for an account on our Site, or by clicking to accept these Terms of Service when prompted on the Site, you are deemed to have executed these Terms of Service electronically; effective on the date of your registration, pursuant to the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms of Service, and any amendments hereto.

 

In connection with these Terms of Service, you may be entitled to receive certain records, such as notices and communications, in writing. In addition, you give us permission to provide any records you may be entitled to electronically instead of in paper form.

 

  1. PAYMENT METHODS

 

To use certain features of our Site, you must provide information for at least one valid payment method. The Site makes the following methods of payment available: credit/ debit cards, in some cases bank accounts, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, “Payment Methods”). You hereby authorize us to store your Payment Method(s) or other financial information and to charge your Payment Method(s) (as applicable).

 

By providing Payment Method information through the Site, you represent and warrant that:

  • you are legally authorized to provide such information to us;
  • you are legally authorized to use the Payment Method(s); and
  • such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.

 

When you authorize a payment using a Payment Method via the Site, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.

 

Our Site employs the use of third-party services for the purpose of facilitating payments and the completion of purchases. By submitting your payment information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

  1. ONLINE MERCHANDISE

 

Cencall Barbell does offer merchandise for purchase online. These products may have limited quantities.


We have made every effort to display as accurately as possible the colors and images of our merchandise that appear in our online store. However, we cannot guarantee that the display of any merchandise will be accurate.

All descriptions of merchandise or merchandise pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any merchandise at any time.

We do not warrant the quality of any merchandise purchased or that it will meet your expectations.

 
No Refunds All sales of products on our Site are final. No refunds will be issued.

 

  1. LINKS

 

Site Links. Where appropriate, we may include links to other websites or organizations. We have no control over the contents or administration of other websites, and make no warranties, either express or implied, or recommendations concerning the information contained on such websites.

 

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Linking to our Website. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

 

  1. YOUR LIMITED RIGHT TO USE OUR SITE

 

Our Site, and all the information available on our Site, is the property of Cencal Barbell and our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may not use our Site or the information available on our Site in a manner that constitutes an infringement of our rights, our affiliates’ rights, or in any way that has not been authorized by us.

 

  1. OWNERSHIP OF SITE CONTENT

 

All content on our Site (illustrations, texts, names, service names, images, videos, etc.) is the property of Cencal Barbell and/or our affiliates. Certain images or other materials may be stock photographs that we have purchased or licensed from third parties. Any partial or total reproduction of this content, by any means, is subject to prior and express authorization by us. United States law concerning intellectual property ownership and copyright protects all materials, information and content offered or made available on our Site. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not already have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party is punishable under United States law.


We will not, under any circumstances, be held responsible if anyone violates rights held by a third party through activities on our Site.

 

  1. UNAUTHORIZED USE OF MATERIALS

 

We respect the intellectual property of others, and we ask you to do the same. If you believe your copyright, trademark or other intellectual property rights have been infringed by any content on our Site, you should send us a notification immediately. To be effective, the notification must include:

 

  1. Identify the material that you claim is infringing upon your copyrighted work
  2. Your contact information, including an email address
  3. Enough information, if possible, to permit us to notify the owner of the allegedly infringing material or other content
  4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. Sign the notice
  7. Send the written communication to us at the following address:

 

CenCal Barbell LLC

RE: Copyright Infringement

4623 N Blythe Ave

Fresno, CA 93722

Email: contact@cencalbarbell.com.

 

9. YOUR CONDUCT ON OUR SITE

 

As a condition of your use of our Site, you agree that: (i) you are an individual person more than 18 years of age; (ii) your use of this Site will at all times comply with the terms of these Terms of Service and all applicable laws.

 

BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms of Service:

 

  • Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, our Site unless you have been specifically allowed to do so in a separate agreement.
  • Distribute material including, but not limited to, spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law.
  • Engage in attempts to gain unauthorized access to any portion or feature of our Site.
  • Send unsolicited or unauthorized material or cause disruption in the operation of our Site.
  • Use our Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Collect or track the personal information of others.

 

You agree to use our Site for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms of Service. We reserve the right to refuse Service to anyone for any reason at any time.

  1. DISCLAIMER OF WARRANTIES

 

The information on our Site is provided “as is” without any representations or warranties, either express or implied. We make no representations or warranties in relation to the content or information on our Site.

 

Our Site could include technical or other mistakes, inaccuracies, or typographical errors. WE MAKE NO WARRANTY THAT OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We may make changes to the content on our Site, including the prices and descriptions of any of our services, at any time without notice. Our service listings or other content on our Site may be out of date and we make no commitment to update such content.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(a) YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CENCAL BARBELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

(B) CENCAL BARBELL DOES NOT WARRANT THAT: (I) OUR SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ERRORS IN OUR SERVICES OR RELATED SOFTWARE WILL BE CORRECTED.

 

(C) ANY MATERIAL DOWNLOADED, PURCHASED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

 

(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CENCAL BARBELL OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

  1. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE INCLUDING:

 

  • THE INABILITY TO USE OUR SITE;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM OUR SITE;
  • OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
  • YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION;
  • THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR
  • ANY OTHER MATTER RELATING TO OUR SITE.

 

  1. INDEMNIFICATION

 

You assume sole responsibility for all use of our Services and agree to indemnify, defend and hold Cencal Barbell harmless from and against any and all claims, causes of action, suits, proceedings, demands, damages, costs, expenses and liabilities of any kind whatsoever, including (without limitation) legal expenses and reasonable attorneys’ fees, from third parties (“Claims”), arising out of or in any way related to: (a) your use of our Site, including without limitation the use or inability to use the same, or any errors or defects in the same; or (b) any breach by you of these Terms of Service.

 

  1. RELATIONSHIP OF THE PARTIES

 

Cencal Barbell operates its own independent business and provides the Site as an independent contractor. As such, these Terms of Service and any account registration will not be construed as creating or implying any relationship of employer and employee, agency, partnership, or joint venture between you and us. Youdo not have authority to enter into written or oral (whether implied or express) contracts on our behalf.

 

  1. CHANGES TO THE TERMS OF SERVICE AND THE SITE

 

The Site we provide is a work in progress and, as such, things may change, be added or be taken away. We reserve the right to update the Site, our mobile app, and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms of Service by checking back regularly. Your continued use of the Site following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

 

  1. TERMINATION OF USE

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.

 

  1. GOVERNING LAW

 

This Site (excluding any linked sites) is controlled by us from our offices within the State of California. By accessing our Site, you agree that the statutes and laws of California, and the United States where applicable, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of our Site, as well as the content and information available through our Site.

 

Even though our Site may be accessible worldwide, we make no representation that content on our Site is appropriate or available for use in locations outside the United States and accessing our Site from territories where its content is illegal is prohibited. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, content and/or information made in connection with our Site is void where prohibited.

 

  1. ENTIRE AGREEMENT

 

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended using any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with our Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

 

  1. SEVERABILITY

 

If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Service shall remain in full force, as long as the essential terms and conditions of these Terms of Service for each party remain valid, binding, and enforceable.

 

19. PRIVACY

 

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy located at: https://cencalbarbell.com/privacy-policy/.

 

20.QUESTIONS

 

Questions about the Terms of Service should be sent to us atcontact@cencalbarbell.com.