Skelcore® User Agreement

Welcome to Evolution Group USA, LLC’s Skelcore® website. Evolution Group USA, LLC (“EVO”) provides website features and products and services to You when You visit or
shop at skelcore.com (the “Website”) and use Skelcore® products or services,
including software and features provided by the EVO in connection with the
Websites to which this User Agreement is attached, including without limitation
the website at www.skelcore.com (collectively, the “Skelcore Services”). EVO provides
the Skelcore Services subject to this Agreement between You and EVO, (EVO or
“We”, “Us”, or “Our”). By viewing, accessing or using Our Website, You agree to
the terms of this Agreement. THIS IS A BINDING CONTRACT that We first posted on
about February 23, 2022.

This Agreement contains the complete and entire understanding and agreement and supersedes any previous communications, representations, or verbal or oral agreements related to Your use of Skelcore Services. Our Privacy Policy  and Intellectual Property Agreement and Notices are incorporated into this User Agreement.  Each provision of this User Agreement shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of this Agreement. Sometimes additional terms apply to certain Skelcore Services, in which case You also will be subject to the guidelines, terms and agreements applicable to that Skelcore Service. If this Agreement is inconsistent with the terms for a particular Service, the terms for that Service will control. EVO may modify this Agreement or additional terms any time in its discretion by posting changes on the Internet. These modifications are effective when We post them. You agree no other notice is required. You agree to regularly check the Website for updates to this Agreement, including checking these terms each time You log onto the Website. Your continued use of the Skelcore Services following any changes to this Agreement constitutes Your acceptance of the changes. IF AT ANY TIME YOU DO NOT AGREE TO OUR SKELCORE USER AGREEMENT OR INCORPORATED POLICIES OR TO OTHER TERMS OF SERVICE ON OUR WEBSITE, YOU MUST IMMEDIATELY CEASE USING OUR SERVICES.

Operator of the Skelcore® Website and Provider of the Skelcore Services.

This Website is owned by Evolution Group USA, LLC and is hosted by Shopify, Inc.

License Grant

In order for You to use Our Website, We give You certain limited rights. The content of Our Website is protected by United States and international laws, including intellectual property laws like copyright and trademark laws. Since We own or license the rights conveyed by these laws, which are reflected in the content on the Website, WE GRANT YOU A LIMITED, REVOCABLE, NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS THE SKELCORE SERVICES TO MAKE PERSONAL AND NON-COMMERCIAL USE OF THEIR CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SKELCORE SERVICES OR CONTENT OF THE WEBSITE.  Our intellectual property rights and
information, and Your obligations regarding them, can be found in Our incorporated Intellectual Property Agreement and Notices

Prohibited Acts

Except as authorized in this Agreement, no copies of the Skelcore Services (including the Website) or any part thereof may be made by or for You. You agree that You will not alter, publish, copy, cut, modify or transform the content, or any component of the content of this Website, in any form to any storage medium, known or unknown, for any purpose, except as authorized by us in advance in writing. You agree not to make any commercial use of any Skelcore Service or content without express written consent from EVO, including not collecting and/or using product or service information, descriptions, or prices, not creating any derivative use of any Skelcore Service or content, not to download or copy instructor or customer information for the benefit of another merchant, and not to use robots, data mining, or similar data extraction or gathering tools. You agree not use any meta tags or any other “hidden text” including or derived from Our copyrights, names or trademarks. You agree not misuse the Skelcore Services and only to use those Services as permitted by and in compliance with all
applicable laws. All rights not expressly granted to You are reserved and retained by EVO and its licensors.

The license granted in this Agreement terminates automatically if You fail to comply with any term of this Agreement or the additional terms of any Service. EVO may deny You access or terminate this license if We reasonably believe that You are not abiding by the terms of this Agreement, or for any other reason in Our sole discretion. You may be legally responsible for trademark or copyright infringement if You fail to abide by the terms of this license.

EVO's Rights

You acknowledge and agree that all content associated with the Skelcore Services is Our property, protected under copyright and trademark laws. You agree that all right, title, and interest in and to the Skelcore Services and content, including associated intellectual property rights, are and shall
remain with EVO and its licensors. You agree not to take any action
inconsistent with Our rights and not to challenge them. If You believe Our content infringes Your copyright, please follow Our Copyright Complaint procedure.

Communications from You

You agree to provide current, complete and accurate purchase, delivery, and account information for any Skelcore Services. You agree to promptly update Your account and other information, including Your email address and payment method details so that We can complete Your transactions and contact You as needed.

You may submit suggestions, ideas, comments, questions, information, reviews, photos and other content or communications to Us in connection with or separate from Your access to Our Website. In some cases, You may also add, post or provide content. In all cases, You agree not to provide or submit anything or use Our Website for any action, that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and
does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone in Your use of Our Website. You agree that We alone have discretion to determine what is objectionable.

If You do submit anything to Us or post any content, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display whatever You sent Us throughout the universe, perpetually, in any media, and without any obligation to compensate You in any form. You also grant Us and Our sublicensees or assigns the right to use Your name in connection with the content, at Our (or their) option. You represent and warrant that You own or otherwise control all of the rights to what You submit or post, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify and hold Us harmless for all claims and/or losses resulting from Your supplying Us that material (including for anything We do with it).

We take no responsibility and assume no liability for any content resulting or derived from Your submission or posts or those of any third party. Likewise, we do not monitor or maintain links or content provide by third parties (or even by us).  If You click on a third party link or any content that takes You away from our Website or Our Service (whether or not we put the link there), You may be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.  We have no
control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services, including those we provide
links to in Our Service and those posted by others.  In all cases, You acknowledge and agree that We are not responsible for any content, including, user generated content, that purports to give advice, including fitness, medical, health, equipment use or installation, or other advice.

Skelcore reserves the right at its sole discretion, but has no obligation, to block or
remove (in whole or part) any User Generated Content posted or transmitted by You
and which Skelcore believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to Skelcore. Skelcore reserves the right, but has no obligation, to suspend or terminate user accounts or user IDs and to take technical and legal steps to prohibit access to the Site if we think that those users are creating problems, possible legal liabilities, or acting
inconsistently with the letter or spirit of these Terms and Conditions or our policies. Skelcore reserves the right to cancel unconfirmed user accounts.

No Warranty – Limitations of Liability

The content of Our Website is provided on an “as is” and “as available” basis without any warranties, express or implied. By accessing the content of Our Website, You agree to release EVO and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from all claims, damages, costs and expenses of every kind (including reasonable attorneys’ fees) (“Claims”) that directly or indirectly result from Your use of the Skelcore Services or the content of Our Website.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SKELCORE SERVICES AND OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO RELEASE AND WAIVE ANY CLAIMS AGAINST EVO AND THAT EVO WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING FROM YOUR USE OF ANY SKELCORE SERVICES OR FROM ANY INFORMATION, ADVICE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SKELCORE SERVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Certain state laws may not allow limitations on warranties or exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, waivers, releases, exclusions, or limitations may not apply to You.

Liability Release

You release and hold harmless EVO and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any liability concerning any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by You arising or resulting directly or indirectly from Your use of the Skelcore Services, Your purchase and use of SKELCORE products, Your participation in recreational or fitness activities, and Your use of the License under this Agreement. You acknowledge and agree that recreational and fitness activities are physically demanding and may not be appropriate for everyone. You acknowledge and agree that the Skelcore Services simply include general information and are not a
substitute for medical or healthcare advice. You should seek the advice of a physician or other qualified healthcare professional if You experience any condition (medical or otherwise) in connection with the Skelcore Services, products or activities or that may cause injury or health issues, and generally before beginning these or any other exercise or recreational activities. We assume no responsibility for any consequence relating directly or indirectly to any act or omission an Instructor or other third party may take based on the Skelcore Services, products, or activities, or the information, services, or other content provided on Our Website or elsewhere.

No Guarantee of Correctness – No Advice

The content has been prepared and/or obtained for education and entertainment purposes only and is not intended to provide legal, medical, tax, professional, or other advice. You acknowledge that EVO and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives do not promise or guarantee that the content is correct, complete, or up to date.

Product Manuals and Instructions

You agree to not use our products until You have read and understood the product manual (and any updates) which may be provided on our Website or otherwise in the Skelcore Services.

Third Party Intellectual Property

The content or Our Website may include third party intellectual property, whether informational, comparative, or with permission. Just because we do this does not mean that You can, or that You should. We undertake our own assessments respecting our content, just as You should. You agree that We do not have any liability for infringement of anyone else’s intellectual property rights if You replicate any use of third party intellectual property in the Skelcore Services and You agree to indemnify us (including for reasonable attorneys’ fees) if Your use of anyone else’s intellectual property rights results in Us getting accused of violating that person’s rights.

No Conflict

You warrant and represent that Your performance under this Agreement and use of the Skelcore Services and products will comply with all applicable laws, rules, regulations, including teaching, training, advertising, marketing, electronic communication, solicitation, mobile device communication, telephone, fax, privacy, collection, and intellectual property laws, and that Your use does not and will not conflict with any other obligations to third parties that You have or undertake in the future. If You violate this promise to Us, You agree indemnify and hold harmless EVO and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any claims, damages, or expenses (including reasonable attorneys’ fees) that result from the conflict.

Indemnification; Investigation

You agree to hold harmless, indemnify, and defend EVO and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives for any and all claims, damages, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from (a) Your breach of this Agreement or the incorporated Privacy Policy or Intellectual Property Agreement, (b) Your activities related to Our Website or Your related activities, (c) anything You submit to Us or post on Our Website, and (d) Your use of Skelcore Services or products in a way that is not consistent with any instruction provided by us (including in product manuals). You acknowledge and agree that We may investigate violations of this Agreement (including gathering information in response to complaints by or about You) and authorize Us to cooperate with law enforcement, system administrators, third party service providers, or other third parties to investigate violations or enforce this Agreement. You agree to waive and release EVO or anyone acting for it from any claims that result from the investigation or enforcement of this Agreement.

Disputes; Applicable Law; Notices

Any dispute or claim relating in any way to Your use of any Skelcore Service, access to the content on Our Website, or concerning any products or services sold or distributed by EVO or through skelcore.com will be resolved by individual (non-class) binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law, and the laws of the State of Florida without regard to conflicts of laws principles, apply to this Agreement. You agree that the arbitration will be conducted in Broward County, Florida.

To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to the attention of Our legal department at the address in this Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (if applicable). The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. AAA rules govern payment of all filing, administration and arbitrator fees. You agree to pay half of the arbitration costs no matter what.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, We each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  To be clear:

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. 

YOU WAIVE YOUR RIGHTS TO ANY DEFENSE BASED ON PERSONAL JURISDICTION, VENUE OR AN INCONVENIENT FORUM. 

YOU AGREE NOT TO SERVE AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO BE A MEMBER OF A CLASS, IN ANY ACTION INVOLVING ANY DISPUTE WITH US.

Whenever You give Us any notice, it must be in writing to the attention of Skelcore Legal Department at Our address in this Agreement. We must actually receive Your notice and You must have tracking information to prove We did. Whenever We give You any notice, We may email You or send You notice at any address where You are or may be found or that You provide Us when You use Our Website. Our notice is effective upon emailing (absent undeliverable return message), three (3) days after mailing in the same country, and seven (7) days after mailing internationally.  Email is NOT sufficient for legal notices, but email to the address here at the time You dispatch the notice IS required for Your notice to be effective.

 

ADDRESS

Evolution Group USA LLC

1471 NE 26th St STE 200

Wilton Manners, FL 33305

Mandatory Email at Time of Dispatch of Notice:  legal@skelcore.com

Shipping Returns & Policy-Pricing - Use of Distribution

We appreciate Your orders. Orders from Skelcore must comply with all requirements and be accepted by US to constitute a sale. We reserve the right not to complete a sale in Our discretion.  When You purchase from us, You agree to provide accurate, complete information and You agree that, if we have used the information You provided to deliver an order, We are not responsible if We put it with the shipper according to Your instructions.

We accept credit card payment (Visa and MasterCard), Klarna and PayPal. We may offer additional payment solutions in our discretion.  You will be charged when Your order is shipped. A temporary hold will by placed on Your payment method until We send You tracking information for Your order. If We do not fulfill Your order, the hold on Your payment method will be removed. In the event of a refund, We will refund You via the payment method You used to make Your purchase. We also may accept other forms of payment, such as check or money order or cash on delivery, but We are not required to do so and only do so where availability is specifically provided for elsewhere on Our Website.

Cancellation

You may only cancel an order before the handling and shipping process has started. If You timely cancel an order, Your purchase price and shipping will be refunded. If You cancel after handling or shipping has started, You must wait to receive the product and go through the Returns process.

Shipping

Orders usually ship within five (5) to seven (7) business days. Saturday delivery and express shipping may not be available; We reserve the right to offer these options in Our discretion. Shipping dates are subject to change without notice, and We do not guarantee delivery by a particular date or holiday. Shipping may take as long as ten (10) days inside the United States, and longer for international shipments. Additional costs and fees apply to international shipments. You are responsible for customs, duties and taxes on Your purchases. Order tracking may be available in Our discretion.

You must provide Your physical street address, since We may not be able to deliver to a post office box. We do not require proof of signature for delivery; You are responsible to be available for receipt of Your package and agree that the package may be left at Your stated destination address in Our or the carrier’s discretion. We ship with a variety of carriers and have discretion to choose which carrier is appropriate for the circumstances of Your order. We may, for example, use the following carriers: USPS, UPS, FedEx, and DHL. If the carrier provides a tracking number, We will update Your order or inform You about this information, if appropriate and possible. Please note that some orders using USPS mail will not have tracking numbers.

Shipping rates vary depending on the products or services You purchase and Your location. Shipping rates are subject to change without notice. Additional shipping charges may apply for international orders or heavy items.

Force Majeure

Sometimes unforeseen events may delay Your shipment or our providing of Skelcore Services, like extreme weather, internal or vendor-related delays, acts of god, government regulations or actions, pandemic and so forth, shipments or Service availability may be delayed or compromised. You agree that We are not liable for anything that results from these things that are outside Our control or not a result of Our intentional acts or omissions.

Risk of Loss on Orders

You may return an unused item within 30 days of purchase. If a product We ship is refused or returned to Us for any reason (except where We determine the product was defective when Risk of Loss passed), You are responsible for the original shipping and handling costs and fees – these are not refunded. We only refund You the purchase price. All returned items may be subject to a ten percent (10%) restocking fee in Our discretion.

Gift cards are not returnable or refundable.

If You purchased clothing that does not fit and is unused with original packaging and tags, then You may exchange it. We will determine if it is in new condition on return and, if it is, You may exchange it for a different size. Restocking fees may apply to this exchange and You may have to pay return shipping.

Risk of Loss on Returns

We do not take title to returned items until We receive the item. At Our discretion, a refund may be issued without requiring a return, but We do not take title to the refunded item at all.  You can donate an item that is not defective, but You agree to destroy any item that is defective that We do not require You to return to us.

Product Descriptions

We try to be as accurate as possible in Our product descriptions, but We do not warrant that product descriptions or other content of any Skelcore Service is accurate, complete, reliable, current, or error-free. If a product offered by Us itself is not as described, Your sole remedy is to return it in unused condition, and You waive any other rights and remedies.

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