Terms and Conditions
Union Performance, LLC
7944 N. Olie Ave
Oklahoma City, OK 73114
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website ww.unionperformance.us. By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to Union Performance, LLC the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away. All text, information, graphics, design, and data offered through our Website or Services, produced by us, are known as our “Content”.
Acceptance of Agreement
This Agreement is between you and Union Performance, LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Union Performance, LLC and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Limitation of Liability
Renegade Fitness, LLC as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from www.unionperformance.us or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of www.unionperformance.us or Services, (d) your use of our www.unionperformance.us or our Content, (e) the Content contained on www.unionperformance.us or Services, or (f) any delay or failure in performance of www.unionperformance.us and Services beyond our control.
IN NO EVENT WILL UNION PERFORMANCE, LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF UNION PERFORMANCE, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNION PERFORMANCE, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES
ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
1. Violates any local, state, federal, or international laws
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
4. Links directly or indirectly to any materials to which you do not have a right to link
5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from unionperformance.us or Services
7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
8. In the sole judgment of Union Performance, LLC is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Union Performance, LLC our affiliates, or our Users to any harm or liability of any type
Use our Content to:
1. Develop a competing website
2. Create compilations or derivative works as defined under United States copyright laws
3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use unionperformance.us or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively ‘Submission’) is considered assigned to us and is our property. We will not be required to treat any Submission as confidential, nor be liable for any ideas (including without limitation product, service, or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future Products, Services, or operations.
Without limitation we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to www.unionperformance.us provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to www.unionperformance.us immediately upon our request.
Links to Other Websites
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment
method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us we may refund your purchase price within thirty (30) days of you notifying us in writing of your desire of the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on www.unionperformance.us.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
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