TERMS AND CONDITIONS
Effective date: December 27th, 2023
This site http://www.kustomkitgymequipment.com (the “Site”) is owned and operated under the trading name Kustom Strength, a UK based limited liability company.
KUSTOM STRENGTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KUSTOM STRENGTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KUSTOM STRENGTH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUSTOM STRENGTH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT Kustom Strength) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN JURISTICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITY:
Products recommended by Kustom Strength include equipment and apparel used in boxing, martial arts, mixed martial arts, yoga, fitness, weight training and kick-boxing. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
ASSUMPTION OF THE RISK:
By buying, using, providing, or allowing the use of Kustom Strength’s recommended products, you understand and agree that boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, and demonstration are high-risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of Kustom Strength including but not limited to equipment malfunction from whatever cause, or any other fault of Kustom Strength. Additionally, you agree to indemnify, defend and hold Kustom Strength harmless from any third party claims arising from such High-Risk Activities or any other Kustom Strength recommended products.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS:
Before you allow others to use a Kustom Strength recommended product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold Kustom Strength harmless from any claims made by them arising from their use of Kustom Strength recommended products.
COPYRIGHT & TRADEMARK
All contents of this Site are: Copyright© 2023 Kustom Strength, all rights reserved.
INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, Kustom Strength and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
THIRD PARTY LINKS
From time to time, this Site may contain links to websites that are not owned, operated or controlled by Kustom Strength or our respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
LIMITATIONS OF LIABILITY
In no event shall Kustom Strength, its directors, suppliers, officer, employees, or agents be liable to you for any direct, indirect, punitive, special, incidental, or consequential damages whatsoever resulting from any of the following: (a) Mistakes, errors, or inaccuracies with regard to the content contained on this Site; (b) Any unauthorized access to or use of the site or Kustom Strength’s secure server and/or any and all personal information and/or financial information stored therein;(c) Any cessation or interruption of transmission to or from the Site; (d) Any viruses, Trojan horses, bugs or the like that may be transmitted to or through our Site by any third party; or (e) Any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on this Site, whether based on strict liability, tort, breach of contract, breach of warranty or any other legal theory and whether or not Kustom Strength was advised of the possibility of such damages.
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content onto the Site.
The site is for selling equipment and providing useful content. You are prohibited from violating or attempting to violate any security features of the Site or Service
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
PAYMENT AND FEES
Kustom Strength reserves the right to require payment of fees for certain features of the Service. If you decide to subscribe to these certain features, you shall pay all applicable fees, as described on the Sites in connection with such features. Kustom Strength reserves the right to change its price list and to institute new charges at any time, upon seven (7) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Kustom Strength reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the United Kingdom.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that content available by means of the Site infringes one or more of your copyrights, please immediately notify Kustom Strength by means of emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If Kustom Strength takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Kustom Strength. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Kustom Strength to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be scanned and sent to [email protected]