1. General Terms
If you do not agree with any of these terms, you should not use or access this Website or the MYOKORE App/Software. The materials contained on this Website and in the MYOKORE App/Software are protected by applicable intellectual property laws.
2. Intellectual Property
© 2014-2016 MYOKORE LLC, Aventura, FL. All rights reserved.
The MYOKORE Technology is protected by multiple US and International Patents, Design Patents, and Pending Patent Applications. All content included on the Website is the copyright property of MYOKORE LLC. All content is protected by United States and international copyright laws, including by the Berne Convention. The compilation of all content on this site is the exclusive property of MYOKORE LLC and protected by copyright laws. All software used on this site is the property of MYOKORE LLC.
If you believe any content or material herein infringes your copyright, you must give MYOKORE a notice under the Digital Millennium Copyright Act by contacting our copyright agent at IP@MYOKORE.com.
3. Permitted Use
The content accessed on this Website accessed via the MYOKORE App/Software, including Training Resources, are provided only for your personal use, general information and convenience. The content provided to users on either the MYOKORE Website, the MYOKORE App/Software, or on any of its Official Social Media Pages cannot be shared and this right of use can be revoked at will by MYOKORE. Information contained herein can only be used, linked and shared according to allowed fair use doctrines.
4. Consumer Warranty
MYOKORE Limited Warranty for Suspension Trainer Devices Intended Solely for Personal, Family, or Household Purposes
What Does This Limited Warranty Cover?
This limited warranty covers defects in manufacture and materials in your new and genuine MYOKORE Suspension Trainer exercise products purchased through MYOKORE, LLC (“MYOKORE”) or an authorized re-seller. This limited warranty applies to products intended solely for personal, family, or household purposes.
Who Does the Limited Warranty Cover & How Long Does The Coverage Last?
This limited warranty covers the original purchaser only and lasts for one year (“Warranty Period”), beginning from the purchase date.
What Will MYOKORE Do?
At its discretion, MYOKORE will repair or replace any defective MYOKORE Trainer covered by this limited warranty, or refund the purchase price to the original purchaser.
What Does This Limited Warranty Not Cover?
The terms of this limited warranty provide the exclusive and sole remedy available to you. This limited warranty is limited as follows:
(a) This limited warranty only applies to authentic MYOKORE Trainer exercise products.
(b) Consequential and incidental damages are not recoverable under this limited warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.
(c) This limited warranty does not cover any problems which result from accident, neglect, modification, abuse or misuse of the product such as in ways described in the set up and use instructions (including, for example, “sawing” on the MYOKORE, use of inadequate anchoring, any use as a rope, for example to tow), exposure to variations in ambient environmental conditions (including, for example, changes in heat, humidity, or moisture, including water saturation), impact damage, normal wear and tear, indentations, scratches or surface damage (including abrasions caused by failure to use, protect or maintain the product properly), product deterioration or variations in color or marking that are ordinarily expected based on ordinary use or develop over time because of natural processes such as exposure to sunlight, and damage caused to products during shipping.
(d) The duration of ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ALLEGED TO ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE ARE RESTRICTED TO THE DURATION OF THIS LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
How Do You Get Service?
For a replacement, PROVIDE WRITTEN NOTICE OF YOUR CLAIM WITHIN THIRTY DAYS OF WHEN YOU DISCOVERED THE DEFECT to: email@example.com or MYOKORE Customer Service, 3340 Peachtree Rd NE Suite 1800, Atlanta, GA 30326. For questions regarding the warranty and instructions for product replacement, please email firstname.lastname@example.org
Once your product has been authenticated, please include your transaction number on the return label. Customers are responsible for the cost of shipping items to MYOKORE. After the product is received, a MYOKORE quality control representative will inspect it and contact you within one week to give you the results of the inspection. If your product is not covered under this limited warranty, it will be sent back to you. MYOKORE will pay the return shipping costs for all products that are covered under this limited warranty. Any products sent to MYOKORE without a transaction ID will be refused and returned to sender.
How Does State Law Apply?
This limited warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
Once submitted, orders can’t be cancelled or refunded until you’ve received your shipment. We back everything we sell with a 30-day, 100% money-back, satisfaction guarantee and a one-year limited replacement warranty in the unlikely event of defects in the product’s materials or manufacturing. If you are unhappy with your MYOKORE product, send it back for an exchange or a refund. It’s that easy. To return or exchange your MYOKORE product, please email our customer service team at email@example.com. All Shipping costs are non refundable. Please be sure to write the transaction number on the outside of your package and ship it within 14 days of receiving confirmation of your request to return to the following address*
1145 Zonolite Road
Atlanta, GA 30306
*Packages that arrive without the Transaction # on the outside will be refused and sent back.
5. Disclaimer of Warranties & Liabilities
The materials on the Website and the MYOKORE App/Software are provided on AS IS and AS AVAILABLE basis with NO WARRANTY of any kind. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
MYOKORE makes no warranties, express or implied, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MYOKORE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any sites linked to this site. No advice or information obtained by you from MYOKORE or through the Website shall create any warranty.
By accepting these Terms and Conditions of Use, you agree that the use of MYOKORE products, the MYOKORE website alone or in conjunction with MYOKORE products, or the MYOKORE App/Software alone or in conjunction with MYOKORE products, even if used as instructed is only offered suggestively and cannot result in any liability to MYOKORE. For example, users given instructions as to the use of a MYOKORE product or performance of a set of exercises remain liable for any damage or injury to themselves, others, or to the exercising environment.
6. Limitations on Damages
In no event shall MYOKORE or its suppliers be liable for any loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials on MYOKORE’s Website, the MYOKORE products, the MYOKORE App/Software, or any reliance placed by you on the completeness, accuracy or existence of any advertising on our Website and/or the MYOKORE App/Software, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website and/or the MYOKORE App/Software, any permanent or temporary inaccessibility of the Website and/or the MYOKORE App/Software (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Website and/or the MYOKORE App/Software.
These limitations on MYOKORE liability to you shall apply irrespective of whether MYOKORE has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, MYOKORE may only be liable for a sum equal to the fees paid by you for any MYOKORE goods, services, Apps, or Software.
7. Revisions and Errata
MYOKORE does not warrant that any of the materials on its Website are accurate, complete, or current. MYOKORE may make changes to the materials contained on its Website at any time without notice.
8. Links, User Sharing & User Generated Content
MYOKORE has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MYOKORE of the site. Use of any such linked web site is at the user’s own risk.
9. License to MYOKORE
By posting or submitting content to our Website or an Official Social Media Page, in accordance as well with our Social Media Disclaimer, you grant MYOKORE a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute (through multiple tiers,) to digitally transmit, store, or perform, such contributed content, and to further sell, modify, create derivative works from or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.
MYOKORE may revise and update these Terms and Conditions of Use of this Agreement at any time without notice. By using this Website and/or the MYOKORE App/Software, and continuing to access the Website and/or use the MYOKORE App/Software, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
11. Personal Use of App/Software
You agree to make a personal use only of any MYOKORE App/Software uploaded and installed onto any computer, pad, portable device, or phone. You agree not to sell, gift, or discard any computer, pad, portable device or phone with the MYOKORE App/Software installed and to delete the MYOKORE App/Software before you lose ownership of any device on which you have installed or used the MYOKORE App/Software.
12. Governing Law
MYOKORE, LLC respects your privacy, and is committed to reasonable measures to safeguard personally identifying information you may share with us.
If you have questions or concerns regarding The Policy, you should first contact us at privacy@MYOKORE.com.
What Information Do We Collect?
We only have access to collect information that you voluntarily give us via email or other direct contact from you. We are the sole owners of the information collected on www.MYOKORE.com. We will not sell or rent this information to anyone other than as permitted by The Policy, or specifically authorized by you.
If you choose to register with us and create a user profile you are required to enter your name, email, and create a password. Additionally, you have the option of providing us with birthday, gender, creating a screen name, or storing your billing payment information as well as shipping address.
Guest users are only required to provide as much information as is reasonably necessary to complete any transaction for which they have initiated, including an email address, billing, and shipping information. However, unlike a registered user who may opt to have billing and shipping information stored, guest users billing and shipping information will not be stored and will only be used for purposes of completing the transaction for which it was provided.
We will be using browser session data to store your shopping cart as well as your session while you browse the site. Your data will be stored only for that browser session. However, if you have logged in as registered user, then your activities will be saved by browser session and stored on the server with a session ID.
Like many companies, we monitor the use of the website by collecting aggregate information. No personally identifiable data are collected in this process. Typically, such information comprises customer demographics, traffic patterns, sales, and site usage. This information is used for our commercial purposes, including to improve usability, performance and effectiveness of the website.
In some instances, we may collect aggregate data through cookies and similar files. The majority of web browsers accept cookies and similar files, but you can usually change the browser settings to prevent this. However, if you do so, some functionality of www.MYOKORE.com may be impaired or lost, particularly any site customization features.
Our website may provide links to third-party websites that are outside of our control and not covered by The Policy, e.g. Facebook® and Twitter®. We encourage you to review the privacy policies posted on these (and all) sites to learn about those sites policies and practices with respect to your personally identifying information.
Any improper collection or misuse of personally information provided to MYOKORE may be a violation of The Policy and should be reported to privacy@MYOKORE.com.
How is the information obtained by MYOKORE used?
Whether you visit www.MYOKORE.com as a guest or register as a user and create a profile, your information is used to provide the service or transaction you requested.
We may share your personally identifiable information with authorized third-parties agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company.
Any comments, statuses, updates, +1, tweets, etc that you voluntarily share on a MYOKORE social media page may appear on www.MYOKORE.com in the scrolling bar that shows activity on our pages or profiles.
We may collect and share personally identifiable information when we have a good faith belief that access, use, or disclosure of such information is reasonably necessary to satisfy any applicable law, rule, regulation, or enforceable governmental or administrative request, enforce our applicable Terms of Service, including investigation of potential violations, detect, prevent, or address fraud, security or technical issues, or protect against harm to the rights, property or safety of MYOKORE, our users or the public.
Our use of information other than for the purpose of completing a requested transaction or service is on an opt-in basis. This means that you will not receive communications from us regarding, for example, specials, new products or new services, unless you have given us affirmative permission to receive such communications.
How are the Privacy Rights of younger users treated?
Our web sites do not target and are not intended to attract children under the age of 13. We do not knowingly collect information from or about children under the age of 13. Child Online Privacy Protection Act.
How your information may be shared with advertisers or other Third Parties?
We provide such information to our subsidiaries and affiliated companies who may render services with us or on our behalf. We may also provide such information to other trusted business partners of ours who process information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with The Policy and any other appropriate confidentiality and security measures. We may share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our partners, advertisers or sponsors. We may offer some services on or in collaboration with other Internet web sites. Personally identifiable information that you provide to those third-party sites may be sent to us so that we can deliver the requested service. We process such information under The Policy. Similarly, we may provide access to third party applications, such as gadgets or extensions, through our website. Any information when you enable such a third party application is processed under The Policy. Any information collected by a third party application provider is governed by their privacy policies. Except as stated elsewhere in The Policy, we will not disclose personally identifiable information about our users to any third party without your prior consent.
How is personal information changed or removed?
You may contact us any time at privacy@MYOKORE.com to request any of the following: 1) see what personally identifiable information we have about you, if any, 2) change or correct any personally identifiable information we have about you, 3) have us delete any personally identifiable information we have about you, 4) express any concern you have about our use of your personally identifiable information. It is not technologically possible to change or delete each and every instance of the information we hold on you from our systems, and data may remain in non-erasable or aggregate form. We may retain data for a period in our backup or temporary systems. We may also retain some information for longer periods as required by law, contract, or auditing requirements.
What is MYOKORE’s Security?
We store your personal data on a secure server that is password protected and shielded from the outside world by a firewall. We have in place policies that are intended to ensure, as far as possible, the security and integrity of all our information, including your personally identifying information. However, no system or information can ever be fully protected against every possible hazard. As a result, we cannot ensure or warrant the security or privacy of any information you provide to us and, accordingly, you do so at your own risk.
Whenever we collect particularly sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, looking for “https” at the beginning of the address of the web page, or referring to the web badge that insures www.MYOKORE.com uses VeriSign® services.
How will you know of changes to The Policy?
We may change The Policy from time to time. We therefore ask you to check it occasionally to ensure that you are aware of the most recent version. The Policy was last updated June 22, 2016.
Does MYOKORE follow the requirements of the US Department of Commerce EU Data Protection Safe Harbor Framework?
Yes. We collect and use personal information from the European Union according to the Policy and in adherence to the safe harbor framework developed by the United States Department of Commerce in coordination with the European Commission for protecting personal data from the EU.
What about the rights of those in MYOKORE’s Home base, Florida?
Residents of the State of Florida have the right to request a list of all third parties to which MYOKORE has disclosed certain information during the preceding year for the third parties’ direct marketing purposes.
However, it is our policy to neither disclose personal information, nor to sell such information to third parties for direct marketing purposes. In the future if The Policy changes in this respect, you have given us your email address to contact you with any material changes, and you are a Florida resident and want such a list, please contact us at privacy@MYOKORE.com.
How can you contact MYOKORE with inquiries or complaints?
If you have any questions or complaints about The Policy, please contact us at privacy@MYOKORE.com. You may also contact us by mail at MYOKORE, 20801 Biscayne Blvd Suite 455, Aventura FL, 33180 . Complaints will be resolved internally in accordance with our complaints procedures. [If you live in the European Union and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the American Arbitration Association, which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to treatment of data originating in the European Union under this policy.]
References to “we,” “us,” and “our” references to MYOKORE, LLC and its affiliates.