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Terms & Conditions


Thank you for visiting Training-Conditioning.com, which is operated by MAG, Inc.  This Terms and Conditions document will outline for you:

 

• Acceptable uses of this Web site

• Content and copyright policies, rights and rules

• Information regarding errors on this Web site

 

Your Use of This Web site is Governed by These Terms and Conditions

Please review the Terms and Conditions of the Web site, contained herein.  If you do not agree with any of these Terms and Conditions, you may not use the Web site.  You can accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions when this option is made available to you on the Web site or by actually using this Web site.  Your use of this Web site constitutes your acceptance of these Terms and Conditions and you agree to be bound by them.

 

These Terms and Conditions May Change

MomentumMedia reserves the right to update or modify these Terms and Conditions at any time without prior notice.  Therefore, please review these Terms and Conditions whenever you use this Web site.  Your use of this Web site following any change to the Terms and Conditions constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

 

Copyright Notice

All material contained within the MomentumMedia Web site is protected by copyright.  All Rights Reserved and are protected to the fullest extent of United States and International copyright laws.  Except for use in a review or for the purposes of aiding in placing an order with MomentumMedia, the reproduction or utilization of this work in any form or by any electronic, mechanical, or other means, now known ur hereafter invented, including xerography, photocopying, broadcast and recording, and in any information storage and retrieval system, is forbidden without the written permission of the publisher.  Order forms may be copied for the purpose of ordering materials from MomentumMedia.

 

Content Disclaimer

The information on these Web pages is provided in good faith as a service to the physical activity community, and all reasonable care is taken to ensure the information is correct and up to date.  Please remember that some of the information provided on these pages may require technical knowledge or specialized training for use or implementation.  In addition, no guarantee is made of the accuracy of the information provided on this Web site by MomentumMedia or any of the persons and organizations contributing to any part of this site.  MomentumMedia and the authors and organizations contributing to the Web site disclaim all liability of any kind arising directly or indirectly from any use of the information conveyed on this site or any loss or damage incurred from such use.

 

Product Inaccuracy Disclaimer

From time to time there may be information on our Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

 

Provided Services

MomentumMedia is pleased to provide our customers with a wide variety of services on this Web site.  We are constantly updating and improving our site in order to provide our site users with the best experience possible.  You acknowledge and agree that the services on this site may change at any time without prior notice to you.  You also acknowledge and agree that MomentumMedia can stop offering these services, permanently or temporarily, at any time at our sole discretion without any prior notice.  You may stop using our services at any time and have no requirement to notify MomentumMedia of your decision.  You acknowledge that if you do not follow and abide by the Terms and Conditions of this site, MomentumMedia may disable your account, thereby preventing access to Services or any files or other content contained in your account.

 

Use of the Services

You agree to use the Services for only the purposes that are permitted by the Terms and Conditions of this site and by any applicable law or regulations in your State, or jurisdiction.  You are not allowed to engage in any activity that interferes or disrupts the Services of this site or the servers or networks connected to the Services and site.  You will not copy, sell, trade, resell, reproduce or duplicate any Services provided on this site.  You are responsible for any breach of your obligations under the Terms and Conditions of this site and for the consequences, including any losses athat MomentumMedia may suffer, or any such breach and further acknowledge that MomentumMedia has no responsibility to you or to any third party.

 

Your Account

• By creating an account, you affirm that you are 18 years of age or older.  Children under the age of 18 are not allowed to create an account on this site and should not use this site.

• If at any time you fear there has been a breach of your account, you are responsible for contacting MomentumMedia.  MomentumMedia is not responsible for such breaches.

• You shall at no time use any area of this site, including message boards, groups, messaging, or profiles, for commercial purposes.  Any users found to be using this site for commercial purposes will immediately have their accounts removed.

• If you are found to have uploaded viruses, Trojan horses, or malicious code to your profile or other sections of the site, MomentumMedia retains the right to immediately remove your account and, when warranted, seek restitution to the fullest extent of the law.

• In order to ensure our site operates at an optimal level for all site visitors, MomentumMedia retains the right to delete files and content from your account after 12 months of inactivity; after removal, these files and content will be inaccessible.

 

User Submitted Content

• All information on this site, including data files, text, software, music, audio files, and videos, which you have access to as a user of this site, are the sole responsibility of the person from which such content originated.

• Any content presented to you may be protected by copyright and intellectual property rights which are owned by the content holder.

• You may not modify, rent, sell, distribute, or reproduce this content, in whole or part, unless you have been specifically told that you may do so by the owner of the Content in a separate agreement.

• MomentumMedia reserves the right (but is not obligated) to review, flag, refuse or remove any or all content posted to this Site.

• You acknowledge that by using this site you may be exposed to content that you find offensive or objectionable and that, in this respect, you should use this site at your own risk.

• You agree that you are responsible for any content that you upload or post to this Site and that the consequences of your actions are yours alone.

• MomentumMedia acknowledges and agrees that it obtains no right, title or interest from you under these Terms and Conditions to any content you upload or post.  You agree that you are solely responsible for protecting the rights surrounding your proprietary content and that MomentumMedia has no obligation to intercede in rights protection on your behalf.

• MomentumMedia is not responsible for any viruses, Trojan horses, or malicious code that may be transmitted through user submitted content.  Download content provided by other site users at your own risk.

 

Links to Other Sites and Content

This Web site includes numerous hyperlinks, including to other Web sites and content.  MomentumMedia has no control over other Web sites and content.  MomentumMedia is not responsible for the content or availability of such sites and content and does not endorse any content or information found on these sites.  MomentumMedia is not responsible for any loss or damage which may occur by you as a result of visiting these external sites and content.

 

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that a user on this site has infringed upon your copyright pursuant to the Digital Millennium Copyright Act of 1998, please Contact Us.

 

Termination of Agreement

The Terms and Conditions of this site will apply until terminated by either you or MomentumMedia as outlined below:

 

• MomentumMedia may at any time terminate this legal agreement with you if you have breached any provision of the Terms and Conditions of this site, if MomentumMedia is required to do so by law, or if MomentumMedia suspends the delivery of services on this site.

• You may stop using our services at any time and have no requirement to notify   MomentumMedia of your decision.  If you wish to have your account removed, please Contact Us.

 

Delivery

Orders will be despatched to the customer within 7 to 10 days if stock is available.  For more urgent deliveries an additional charge may be added, depending on the destination.  Please contact MomentumMedia for further details.  Delivery will be made to the address specified by the customer.  MomentumMedia may use any method of delivery available to it.  MomentumMedia will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the customer for non-delivery or late delivery.  MomentumMedia reserves the right to delivery by installments should any products be out of stock, although the customer will be informed in such an event.  The customer will also be informed should any of their products be out of stock and the customer has the right to cancel the order at any time.

 

Inspection, defects and non-delivery

The customer must inspect the goods as soon as is reasonably practicable after delivery and MomentumMedia shall not be liable for any defect in the goods unless written notice is given to the company within thirty (30) days of delivery.  Written notice should be made within the thirty-day period to the The Fulfillment Manager, quoting account number and order number.  The quantity of any consignment of goods as recorded by MomentumMedia upon despatch from MomentumMedia’s place of business shall be conclusive evidence of the quantity received by the customer on delivery, unless the customer can provide conclusive evidence to the contrary.  MomentumMedia will not be liable for any non-delivery of goods unless written notice is given to MomentumMedia within ten (10) days of the date when goods should have been delivered in the ordinary course of events.  Any liability of MomentumMedia for non-delivery or defective goods shall be limited to replacing the goods within a reasonable time or to refund any monies already paid in respect of the goods.

 

Returns

Goods may be returned within thirty (30) days of delivery for a full refund.  To cancel an order, the customer must notify MomentumMedia by phone (607-257-6970, ext. 10) within the thirty-day period and return the goods to The Returns Manager, quoting account number and order number.  MomentumMedia will refund to the customer the invoice value of the goods.  The customer shall be liable for the postage costs to return the goods to MomentumMedia (goods should be returned with proof of posting). The customer must take reasonable care of the goods and return them in their original packaging.  This paragraph shall not apply to videos that have been unsealed by the customer unless there is an inherent problem with the product.  Unwanted, but opened products, without a fault will not warrant a refund.

 

Description

All specifications, drawings and particulars of dimensions or other details contained in MomentumMedia’s marketing materials are intended to give a general idea of the goods, but will not form part of the contract.  MomentumMedia shall take all reasonable steps to ensure the accuracy of technical details relating to goods, but accepts no liability in contract or tort or under statute or otherwise for any error or omission in such technical detail whether caused by MomentumMedia’s negligence or otherwise MomentumMedia may make changes to the goods as part of a continuous program of improvement.