These terms of Conditions (“Terms”) apply to all orders accepted by How To Home Gyms, LLC. for the sale of physical goods (“Products”) or Intellectual property ("Services"), except in the case that you and How To Home Gyms, LLC have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Software.
How To Home Gyms, LLC (through WilliamPT.com) can withdraw Products from the How To Home Gyms, LLC Store at any time and for any reason. Prices listed through the How To Home Gyms, LLC Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to How To Home Gyms, LLC. You agree to indemnify and hold How To Home Gyms, LLC harmless from and against any liabilities, interest, penalties or fees assessed against How To Home Gyms, LLC arising from your failure to pay any such taxes. All Product prices are subject to change at any time.
ACCEPTANCE AND FULFILLMENT
All orders are subject to acceptance by How To Home Gyms, LLC. After you place an order, you will receive an email from How To Home Gyms, LLC confirming that How To Home Gyms, LLC has received it. Acceptance of your order will occur upon your receipt of another email from How To Home Gyms, LLC containing a shipping confirmation, tracking number and carrier information. If an order is on back order, we’ll send you an email indicating that this is the case, followed by another email when the items in question are in stock containing a shipping confirmation, tracking number and carrier information. How To Home Gyms, LLC reserves the right not to accept your order for any reason or no reason. How To Home Gyms, LLC reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address. RESALE Purchases made through the How To Home Gyms, LLC Store are intended for end users only, and are not authorized for resale.
SHIPPING AND DELIVERY
How To Home Gyms, LLC will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon How To Home Gyms, LLC’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. How To Home Gyms, LLC will make reasonable efforts to meet the scheduled shipment dates, but in no event will How To Home Gyms, LLC be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. Physical products may take up six (6) weeks to reach it's destination upon shipping.
If you are unsatisfied with any Product or Service purchased from the How To Home Gyms, LLC for any reason, you will have forty-five (45) days from the date of service start to request a refund at the following rates:
- 35% Refund for all Monthly Services
- 45% Refund for 10-Month Service (including unlimited sessions)
After the 45 day refund period has lapsed, all purchased services are non-refundable and become final. Clients and members may continue to participate in services provided at their own risk & leisure.
All other products purchased from the Store found at https://williampt.com/shop?olsPage=products are final upon purchased & received.
LIMITED PRODUCT WARRANTY
How To Home Gyms, LLC warrants to the original purchaser that your Product or Intellectual Property shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your How To Home Gyms, LLC product in the EEA, the warranty period is one (1) year from the date of purchase.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 45 day refund policy identified above.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL HOW TO HOME GYMS, LLC BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, PERSONAL PHYSICAL DAMAGE, PROPERTY DAMAGE, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT HOW TO HOME GYMS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. HOW TO HOME GYMS, LLC AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HOW TO HOME GYMS, LLC’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO HOW TO HOME GYMS, LLC BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods or Services. You may not assign or transfer these Terms, or any order accepted by How To Home Gyms, LLC hereunder, in whole or in part, by operation of law or otherwise, without How To Home Gyms, LLC’s express prior written consent. Any attempt to do so, without How To Home Gyms, LLC’s consent, will be null and of no effect. How To Home Gyms, LLC may freely assign these Terms. How To Home Gyms, LLC will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God. The failure by How To Home Gyms, LLC to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms constitute the complete and exclusive agreement between How To Home Gyms, LLC and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party. You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities. All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; and (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
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