Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.equipyourgym.com website.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Purchases: If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete. The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases.
By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Custom Remanufactured Order: The customer understands that each custom order or made to order by the equipment details provided by the customer.
The customer’s payment is his/her/their formal agreement to the contract. If the custom order is breached/canceled, the custom acknowledges and understands that the customer cannot receive a refund for any deposit made as the funds provided go towards equipment, supplies, materials, and labor. The client has no claim to receiving his/her/their funds back.
The customer understands that their deposit secures a spot on the production schedule and the date of completion is determined by Equip Your Gym Company, in consultation with the customer.
The customer understands that the final photos are a privilege and not a requirement.
The customer understands that they cannot change equipment already in production once the order has been started.
Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement, when and to the extent, such failure or delay is caused by or results from acts beyond the impacted party’s control, including but not limited to, the following force majeure events: (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations) epidemic or pandemic; (c) war, invasion, terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of the order placed was made; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The impacted party shall give notice within 15 days of the force majeure event to the other party, stating the period the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such force majeure event are minimized. The impacted party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If the impacted party’s failure or delay remains uncured for a period of 30 days following notice given by it, the other party may thereafter terminate the agreement upon notice.
By submitting payment on our website or through other payment forms including in-person payments and any other payment processing system, the client agrees to all Equip Your Gym policies.
Accounts: When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion.
Copyright Policy: We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to our Customer Service Department at cs@equipyourgym.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims: You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Intellectual Property: The Service and its original content, features and functionality are and will remain the exclusive property of Equip Your Gym Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Equip Your Gym Company.
Links To Other Websites: Our Service may contain links to third party websites or services that are not owned or controlled by the Equip Your Gym Company. Equip Your Gym has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Equip Your Gym shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Default on Payment & Liquidated Damages: In the event that the Customer fails to make payment for the equipment as outlined and agreed upon in the proposal, Equip Your Gym will issue a written notice, providing the Customer with 7 days to resolve the issue. If the Customer does not remedy the situation within this timeframe, Equip Your Gym reserves the right to terminate the agreement immediately. Due to the difficulty in assessing the exact damages Equip Your Gym would incur from non-payment, the Customer agrees that Equip Your Gym is entitled to retain any down payment made as liquidated damages.
Returns & Associated Costs: If the equipment is returned to Equip Your Gym or balance owed is not paid within 7 days of notification that the order is ready to ship to Customer for any reason, the Customer agrees to pay:
(a) a restocking fee of 25% of the sales price of the item (package), and
(b) all associated shipping costs, including return shipping fees.
Additionally, if Equip Your Gym is charged a non-qualification or related credit card fee for any payment or transaction made by the Customer, Equip Your Gym is authorized to immediately charge or debit the Customer’s credit card for the corresponding amount.
The Customer may request a refund within 24 hours of purchase, subject to a 25% restocking fee. If a product is canceled after it has shipped or is refused for any reason (including damage), a 25% cancellation and restocking fee will apply, and the Customer will be responsible for all shipping costs, both to and from their location. These charges will reflect the actual shipping expenses incurred. Shipping expenses are non-refundable.
Damaged Items: If the item arrives damaged, the Customer must accept the delivery and note the damage on the freight bill to initiate an insurance claim. This process will allow Equip Your Gym to assist in repairing or replacing the damaged product at the Customer’s location, helping avoid return fees. Should the product be returned, it must be in the same condition as when it was received, including all original packaging. If the product is not in its original condition, additional fees may be charged to restore it to its initial state.
Termination: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification: You agree to defend, indemnify and hold harmless Equip Your Gym Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability: In no event shall Equip Your Gym Company nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer: Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Equip Your Gym Company and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law: These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 60-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us: If you have any questions about these Terms, please contact us.