Terms of Service

DISCLAIMER:

By purchasing and participating in any Forge Fitness Virtual challenge, you acknowledge that you take part entirely at your own risk and that Forge Fitness, LLC accepts no liability or responsibility for injury or loss whatsoever.

OVERVIEW

This website is operated by Forge Fitness, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Forge Fitness. Forge Fitness 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 that 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 merchandise store is hosted on Shopify Inc. They provide us with an 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 the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It 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 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.

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 our refund or exchange 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 any time 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 5 - Refunds, Taxes and Currency Refunds:

All fees are non-refundable. Requests for refunds in extraordinary circumstances may be made but acceptance will be entirely at our discretion. Suppose you request a refund, and we deem it to be acceptable. In that case, it will provide less processing or administrative costs that have been incurred, including (but not limited to) credit card processing fees. Taxes: All prices appearing on our website exclude applicable taxes, including, without limitation, sales tax, use tax, goods and services tax (GST), value-added tax (VAT), or other similar taxes or State, Federal, or governmental fees, duties and assessments. You will be responsible for any such taxes or costs that may apply. Currency: Unless otherwise stated, Forge Fitness LLC will take payment in USD. We reserve the right to accept other currencies, to include Cryptocurrencies at our discretion.

SECTION 6 - User Obligations:

By using the Forge Fitness services, you agree to the following: You accept that you must be 18 years or over to register an account and use our services. If you are under 18 years, your parents or legal guardians are required to register your account and by doing so give consent and assume responsibility for you using the services. Your account will only be used by you and all registered information is true and correct. You will only use the services within your personal physical limits. You accept that we cannot provide advice relating to your personal physical limits or current medical state and you acknowledge you are responsible for your actions and assume all risk (including injury or death) to your person or property resulting from your use of the services. You will regularly seek medical advice while using the services. You will comply with all applicable local, state/provincial, regional and national laws while using the services. You will immediately alert us (athletes@forgefitnesschallenge.com) about any unauthorized use of your account. You agree to allow us to use anonymous aggregate data to enable Forge Fitness to offer a better service in the future. You agree to allow Forge Fitness to collect and use data in order to serve advertisements and offers. You agree to not share your account login information with other people and/or log in to an account not set up by you. If you do, your account may be deleted or suspended without notice with no right of recovery of paid fees. You acknowledge and agree to all terms and conditions contained on this webpage.

SECTION 7 - Prohibited Activities

You agree to never use the services in a way that is or may be harmful to yourself or others. This includes but is not limited to: Training within your personal limits and seeking medical advice when using our services, including prior to commencement, at regular intervals, and at any time your level of health or fitness changes; Taking all relevant health and safety precautions while using our services, including but not limited to having regular medical checks, wearing appropriate clothing and footwear, choosing appropriate routes and training conditions; Not using your account to make inappropriate comments or communications (including derogatory, obscene or disparaging remarks) that other people may view. We reserve the right to deny, terminate, or suspend account access to both the store, Forge Fitness Challenges, and any social media accounts for inappropriate comments or communications to or from our customers. You agree you will not use the services if you have been medically advised not to do so or you have not received medical clearance to use them. You acknowledge that we will not be liable for any injury, harm or death sustained as a result of using the services. You agree not to use the Services in any way that may violate any laws, statutes, ordinances or regulations you may be subject to.

SECTION 8 - Profile Pages

As a Forge Fitness user, your Profile page will be publicly available on the Internet, for all to see, including search engines like Google and Yahoo, if you select to make the page public. You accept that the services allow communication between account holders. We are not responsible for any content relating to those communications. You are independently responsible for complying with all applicable laws in all of your actions related to your use of our services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. We hold no funds on behalf of any users. You acknowledge that we may be required by law to provide information to regulatory or governmental agencies regarding transactions you make for our services.

SECTION 9 - Payments:

Forge Fitness processes payment transactions through 3rd-party payment solutions such as PayPal and Stripe. We are not a chartered banking entity. When joining an event created by a third-party organizer (i.e., a team event organizer), a payment may be processed through our services on behalf of the third-party organizer. In such cases, we have no liability or obligations to you in respect of such payments, and all responsibility (including for refunds) will be assumed by the third-party organizer.

SECTION 10 Liability:

We cannot be held liable for any loss, indirect loss, damage, death, or injury resulting from the use of the services. We are not liable for the sourcing or supply of any products or services that have not been directly offered to you by us. We are not liable for any unfair practices, false statements or misrepresentations made by a third party (for example, a team event organizer) in relation to the services. We are not liable for any comments, posts, messages, or other communications made by a user or third party via our service platform. We will endeavor to delete and/or restrict any inappropriate content as soon as it is notified to us. USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

SECTION 11 Disclaimer of Warranties and Indemnification:

Disclaimer of Warranties: WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU, OR IF NOT APPLICABLE THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR CLAIMS OR OFFERS MADE BY THIRD PARTIES IN RELATION TO OUR SERVICES OR THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF A THIRD PARTY TO PROVIDE GOODS OR SERVICES OR THE FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD-PARTY PAYMENT PROCESSORS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms and Conditions, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for. (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542. WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. Indemnification: You agree to defend, indemnify, and hold harmless us, our employees, and agents from and against any and all claims and expenses, including legal/attorney fees, costs, and disbursements, arising out of your use of the services, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as the one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

SECTION 12 - 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 Maryland, United States of America.

SECTION 13 - Severability:

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, Forge Fitness shall have the sole right to elect which provision remains in force.

SECTION 14 - NFT Sales:

NFT DISCLAIMER

a. No Expectation of Financial Gain: The purchase and ownership of Forge Fitness NFT’s non-fungible tokens (NFTs) do not guarantee or imply any financial gains. NFTs are collectible digital assets, and Forge Fitness NFTs hold no resale value. Holders should be aware that the value of NFTs is of the collection and similar to finisher patches in that they hold no financial value on secondary markets.

b. Unlimited Number: The Forge Fitness NFT’s NFTs are unlimited in number. Unlike limited edition physical collectibles, there is no cap on the total supply of these digital assets. Holders should be aware that the lack of scarcity reinforces the lack of financial value in these assets. They are collectibles and recognition of physical challenges, not financial instruments.

c. Intellectual Property Rights:** The purchase of Forge Fitness NFT’s NFTs does not transfer any intellectual property rights to the holder. The Forge Fitness NFT’s] team retains all copyright and intellectual property rights associated with the digital assets. You may post, display, or utilize the NFT image in any way that does not imply you created the NFT. You may use the NFT image as part of marketing physical achievements or personal branding.

d. No Endorsement:** The Forge Fitness NFT’s team does not endorse any third-party platforms, services, or secondary markets for trading Forge Fitness NFT’s NFTs. Holders should exercise caution and verify the legitimacy of such platforms independently. Forge Fitness NFT’s hold no external value on secondary markets.

e. Changes to Terms:** The Forge Fitness NFT’s team reserves the right to update, modify, or change these terms and conditions at any time. Holders are encouraged to review these terms periodically for any updates.

By purchasing and holding [Project/Collection Name] NFTs, you acknowledge and agree to the terms outlined in this disclaimer.

SECTION 15 - Amendments:

We may amend our services and/or these terms and conditions from time to time. When we amend these terms and conditions, we will update this page. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You agree to regularly visit this page and read and accept it if the date it was last modified is more recent than the last time you agreed to the Agreement.