Like you, we wish that we didn’t need to worry about the legalities of using a website or a lot of other legal matters, and that we could get right to the fun of sharing great products that change lives. But as it turns out, legal terms help to make sure we’re all on the same page about how things are done. So without further ado, the Terms & Conditions for our website, last updated on April 10, 2018.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Because the purpose of this site is to sell products to those with credit cards or other means of online or phone payment, you must be at least 18 years of age to use this website. By using this website, you warrant and represent that you are at least 18 years of age.
License to Use Website
Unless otherwise stated, Health Pedal LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public except to refer others to our website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, unless it has been provided by us for our affiliates and you are an affiliate, in which case you can do so to promote affiliate sales only;
- edit or otherwise modify any material on the website;
- or redistribute material from this website except for content specifically and expressly made available for redistribution, and in accordance with our express written permission.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Health Pedal LLC’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Health Pedal LLC’s express written consent.
At its sole discretion, Health Pedal LLC reserves the right to restrict access to areas of this website, or indeed this entire website.
If Health Pedal LLC provides you with a user ID and/or password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and/or password are kept confidential.
Health Pedal LLC may disable your user ID and password in its sole discretion without notice or explanation.
This website is provided “as is” without any representations or warranties, express or implied. Health Pedal LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Health Pedal LLC does not warrant that:
- this website will be constantly available, or available at all;
- or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability
Health Pedal LLC will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss;
- or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Health Pedal LLC has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Health Pedal LLC liability in respect of any:
- death or personal injury caused by Health Pedal LLC’s negligence;
- fraud or fraudulent misrepresentation on the part of Health Pedal LLC;
- or matter which it would be illegal or unlawful for Health Pedal LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Health Pedal LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Health Pedal LLC officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Health Pedal LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Health Pedal LLC.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Health Pedal LLC and undertake to keep Health Pedal LLC indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Health Pedal LLC to a third party in settlement of a claim or dispute on the advice of Health Pedal LLC’s legal advisers) incurred or suffered by Health Pedal LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to Health Pedal LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Health Pedal LLC may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website ,and/or bringing court proceedings against you.
Health Pedal LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Health Pedal LLC may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Health Pedal LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the state of Ohio in Summit County, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Summit County.