TERMS OF USE

TERMS OF USE INTRODUCTION:  Please read these Terms of Use carefully before using the Maximum Level Fitness website, www.maximumlevelfitness.com (“our Site”). By accessing or using any part of our Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of these Terms of Use, then you may not use or access our Site. You agree that by accessing or using our Site that you are above the age of majority in your jurisdiction and that you are legally able to enter into a contract.

PAYMENTS:  Only payments made from your credit/debit card are accepted on our Site. All goods remain the property of Maximum Level Fitness until full payment is received. 

PASSWORD:  You are responsible for maintaining the confidentiality of your account password to login to the Site (the “Password”) and for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password.  You agree to notify the Company promptly if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of any other breach of security in relation to the Site.

All the information that you provide when registering for an account and otherwise through the Site or mobile applications must be accurate, complete and up to date.  You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.

PURCHASES MAY BE LIMITED OR REFUSED:  All of the information that you provide Maximum Level Fitness must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in order cancellation. Maximum Level Fitness reserves the right to refuse any order you place with us for any reason at any time. Maximum Level Fitness may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order for any reason at any time. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or to orders that use the same billing and/or shipping address. If all or any portion of your order is cancelled or if we require additional information to accept your order, we will notify you by contacting the email and/or phone number that you provided at the time your order was made. Maximum Level Fitness reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

NO RETURN POLICY:  All products sold by Maximum Level Fitness are non-returnable and all sales are final. Maximum Level Fitness will not give you a refund, credit or exchange for any merchandise and/or services that you purchased.

ERRORS, PRICING AND AVAILABILITY:  Our Site may contain errors, inaccuracies or omissions. Maximum Level Fitness does not guarantee the accuracy or completeness of any information on our Site, including but not limited to prices, product images, specifications, availability, product descriptions, promotions, offers, product shipping charges, transit times and services. Maximum Level Fitness reserves the right to change or update our Site information and to correct our Site errors, inaccuracies, or omissions at any time without prior notice. You agree that it is your responsibility to monitor changes to our Site. Prices and availability are subject to change on our Site without prior notice. Maximum Level Fitness reserves the right to cancel any orders containing pricing or availability errors, with no further obligation to you, even after your order has been submitted and whether or not you have received an order confirmation or shipping notice from Maximum Level Fitness. Any payments you make to Maximum Level Fitness for orders that are cancelled due to pricing or availability errors will be refunded.

LINKS TO THIRD-PARTY WEBSITES:  Our Site may be linked to other websites and/or make reference to names, marks, products, or services of third-parties which are not maintained by Maximum Level Fitness. Maximum Level Fitness is not responsible for and has no liability for the content of any third-party linked website and/or their information, products or services. Maximum Level Fitness does not endorse, approve, recommend, sponsor or certify any information, product or service referenced or provided at such third- party websites. To the fullest extent permitted by law, Maximum Level Fitness disclaims any warranties for services or products offered or sold on any such third-party websites. Maximum Level Fitness is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Your use of a third-party website linked from our Site is at your own risk and will be governed by such third-party’s terms and policies. Please carefully review the third-party’s policies and terms before you engage in any transaction. 

INDEMNIFICATION:  As a condition of the use of our Site, you agree to defend, indemnify, and hold harmless Maximum Level Fitness and its affiliates, employees, directors, officers, agents, vendors, contractors, licensors, suppliers and service providers from and against any and all demands, loss, liability, claims, damages, costs, and expenses, including attorneys’ fees and expenses, made against Maximum Level Fitness by any third-party due to or arising out of or in connection with your use of our Site or any breach by you of these Terms of Use.

DISCLAIMERS OF WARRANTIES:  The information, materials, CONTENT, PRODUCTS, SERVICES AND USER CONTENT contained in OUR site, including text, graphics, links or other items, are provided by MAXIMUM LEVEL FITNESS on an “as is” and “as available” basis, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Maximum Level Fitness makes no representations or warranties of any kind, WHETHER express, implied OR STATUTORY, as to the operation of our Site or the accuracy, integrity, adequacy or completeness of the content provided on OUR Site or the products or services offered for sale on OUR Site OR THAT EMAILS SENT FROM MAXIMUM LEVEL FITNESS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. MAXIMUM LEVEL FITNESS disclaims all warranties, express or implied, including, but not limited to, implied warranties of TITLE, merchantability and fitness for a particular purpose to the fullest extent permissible by applicable law. Without limiting the foregoing, MAXIMUM LEVEL FITNESS disclaims any and all warranties, express, implied OR STATUTORY, for any merchandise offered on OUR Site. This disclaimer does not apply to or affect the terms of any manufacturer’s product warranty, if any exists. Note that some jurisdictions may not allow the exclusion of implied warranties, so the above limitations may not apply to you. You agree and acknowledge, by your use of OUR Site, that your use of OUR Site is at your sole risk.

LIMITATION OF LIABILITY To the fullest extent permitted by law, in no event shall Maximum Level Fitness or any of its affiliates, employees, directors, officers, agents, vendors, contractors, licensors, suppliers or service providers be liable to you or any other person under any legal or equitable theory including but not limited to strict liability, negligence, tort or contract for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, general, exemplary, consequential DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, including without limitation, damages for lost profits, lost revenue, financial losses, loss of goodwill, work stoppage, accuracy of results, computer failure or malfunction, loss of data, replacement costs, or any other similar damages, arising out of or in connection with the use of or inability to use OUR Site or any products obtained using OUR Site, even if an authorized representative of MAXIMUM LEVEL FITNESS has been advised of or should have known of the possibility of such damages. Some states do not allow the exclusion or limitation of certain damages, in such states liability is limited to the maximum extent permitted by law. Subject to the foregoing AND to the fullest extent permitted by law, the total liability of MAXIMUM LEVEL FITNESS and any of its affiliates, employees, directors, officers, agents, vendors, contractors, licensors, suppliers or service providers, for any claims under these Terms of Use, including for any implied warranties, is limited to the amount you paid MAXIMUM LEVEL FITNESS in connection with your use of OUR Site. 

CHANGE TO TERMS:  Maximum Level Fitness reserves the right to update, change or replace any part of these Terms of Use at any time without notice to you, by posting updates and changes to this page. You agree that it is your responsibility to periodically check these Terms of Use for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes. If you do not agree to the changes to these Terms of Use, you should discontinue your use of or access to our Site. 

TERMINATION:  These Terms of Use are effective unless and until terminated by either you or Maximum Level Fitness. You agree that Maximum Level Fitness, in its sole discretion, may deny you access to or use of our Site, for any reason, without limitation and notice to you, if Maximum Level Fitness believes that you have failed to comply with these Terms of Use. You may also terminate these Terms of Use at any time, provided that you discontinue any further access to or use of our Site. Maximum Level Fitness may at any time without notice to you, remove our Site for indefinite periods of time or discontinue our Site. 

APPLICABLE LAW AND RESOLUTION OF DISPUTES:  You agree that all matters relating to your access to or use of our Site and all matters arising out of or related to these Terms of Use, including all disputes, will be governed by the laws of the State of Illinois, United States of America, without regard to its choice of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action. Any cause of action or claim you may have arising out of or relating to these Terms of Use, our Site or the content must be commenced within six months after the cause of action accrues, otherwise such cause of action or claim is permanently barred. 

ENTIRE AGREEMENT:  These Terms of Use constitute the entire agreement between you and Maximum Level Fitness with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and Maximum Level Fitness with respect to such use are hereby superseded and cancelled. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any of the provisions of these Terms of Use are determined to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. The failure of Maximum Level Fitness to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver by Maximum Level Fitness of any provision or any right it has to enforce these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third-parties.

Last updated November 2, 2022