Terms of Service

OVERVIEW 
This website is operated by Go Ninja Program. Throughout the site, the terms “we”, “us” and “our” refer to Go Ninja Program. Go Ninja Program offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Go Ninja Program, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Go Ninja Program and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at Info@GoNinjaProgram.com.

Go Ninja and its affiliates and subsidiaries (collectively, “Go Ninja”, “Us”, “We” or “Our”) are pleased to provide You with access to and use of our website, application, content, streaming services, programs, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, “Go Ninja Services”) that we may provide.

 

THE GO NINJA SERVICES ARE NOT INTENDED TO BE TAUGHT BY ANYONE UNDER THE AGE OF 18.  FURTHER, USE OF THE GO NINJA SERVICES FOR ATHLETES UNDER THE AGE OF 18 SHOULD BE WITH THE INVOLVEMENT OF THEIR PARENT OR GUARDIAN.

 

 

  1. Contract Between You and Us; Privacy Policy.

 

These Terms and Conditions of Use (“Terms”) and Our Privacy Policy form a legally binding agreement between You and Us, and govern Your access and use, and Our provision of, the Go Ninja Services and any other technology, items or other materials on which these Terms are posted. BY ACCESSING OR USING ANY GO NINJA SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE THAT YOU AND ANYONE THAT USES THE GO NINJA SERVICES ARE AT LEAST 18 YEARS OF AGE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY GO NINJA SERVICES, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS YOUR RIGHT TO BRING A LAWSUIT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY GO NINJA SERVICES.

 

  1. Changes to These Terms.

 

We may in Our sole and absolute discretion change these Terms or Our Privacy Policy from time to time to comply with laws or to meet Our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Go Ninja Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If You do not agree with any of the changes, You must discontinue using any and all Go Ninja Services. By continuing to use any Go Ninja Services after any changes are posted, You expressly accept any applicable changes. Please note Our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

 

 

  1. Important Notice About Our Content.

 

  1. Assumption of Risk.

 

You expressly acknowledge and agree that Your access, use and/or involvement with any Go Ninja Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Go Ninja from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to Your access, use and/or involvement with any Go Ninja Services, including the provision of any Go Ninja Services to third parties.

 

  1. Indemnification.

 

You agree to indemnify and hold Gym Marika, its members, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to Your use of any Go Ninja Services, Your violation of these Terms, or Your violation of any rights of a third party.

 

  1. Limitation of Liability.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GYM MARIKA OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO US OR OUR SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY GO NINJA SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF US AND OUR SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO US FOR ANY GO NINJA SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GO NINJA AND YOU. THE GO NINJA SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. GYM MARIKA WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

 

 

  1. Disputes.

 

The terms of this Section shall apply to all Disputes between You and Us. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between You and Us arising under or relating to any Go Ninja Services, Our website, these Terms, or any other transaction involving You and Us, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.  YOU AND US AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR US FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, You agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

 

You and Us further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award You the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

 

You agree that any controversy shall be filed only in the Franklin County, Ohio Common Pleas Court, or the United States District Court for the Southern District of Ohio, Eastern Division, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

 

 

  1. Intellectual Property; Limited License to Go Ninja Services.

 

  1. Ownership.

 

You acknowledge and agree that the Go Ninja Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom, are owned by Gym Marika. Furthermore, You acknowledge and agree that the source and object code of certain Go Ninja Services (such as Our mobile application) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Gym Marika. You expressly agree that You will do nothing inconsistent with Our ownership of the Go Ninja Services, and that You gain no rights, title, or interest in or to any Go Ninja Services, except as stated in these Terms or any executed written agreement between You and Us. In addition, except as expressly set forth in these Terms, You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Us or any third party.

 

  1. Limited License.

 

For any Go Ninja Services which enable You to use any software, content, or other materials owned or licensed by Us only after You become validly authorized by Us, we grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Go Ninja Services.

 

  1. Third Party Services and Content.

 

Certain Go Ninja Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from Our website, apps, software or any other element of the Go Ninja Services. There is no implied affiliation, endorsement or adoption by Go Ninja of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that apply to these Third-Party Services.

 

  1. App Providers.

 

If You access any Go Ninja Service using an Apple iOS, Google Android, or other third party device, You acknowledge that each of those third party companies will not be responsible for any damages arising out of the failure of a Go Ninja Service to operate as intended.

 

  1. Disclaimer of Warranties.

 

YOU ACKNOWLEDGE AND AGREE THE GO NINJA SERVICES, INCLUDING WITHOUT LIMITATION, ANY PROGRAMS, PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE GO NINJA SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE GO NINJA SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY GO NINJA SERVICES. YOU AGREE TO USE THE GO NINJA SERVICES AT YOUR SOLE RISK.

 

YOU WILL NOT HOLD GYM MARIKA OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE GO NINJA SERVICES, INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY OR LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE GO NINJA SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

 

  1. User Conduct.

 

You must only use the Go Ninja Services for lawful purposes, and You must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Go Ninja Services. In using any Go Ninja Services, and in particular, Our website, You expressly acknowledge You are prohibited from, and agree that You will not without Our prior express written consent:

 

  1. copy, reproduce, or improperly use or access any content on Our website;
  2. modify, distribute, or re-post any content on Our website for any purpose;

iii.        use the content on Our website for any commercial exploitation whatsoever;

  1. disrupt or interfere with the security of, or otherwise abuse, Our website or any services, system resources, accounts, servers, or networks connected to or accessible through Our website or affiliated or linked sites;
  2. access content, data or portions of Our website which are not intended for You, or log onto a server or account that You are not authorized to access;
  3. attempt to probe, scan, or test the vulnerability of the Go Ninja Services, including Our website, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

vii.       access any Go Ninja Services or Our website through any automated means, such as “robots,” “spiders,” or “offline readers”;

viii.      interfere or attempt to interfere with the use of Our website or applications or the Go Ninja Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

  1. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on Our website;
  2. harass, “stalk”, disrupt or interfere with any other user's enjoyment of Our website or affiliated or linked sites;
  3. upload, post, or otherwise transmit through or on Our website any viruses or other harmful, disruptive, or destructive files;

xii.       use, frame, or utilize framing techniques to enclose any Go Ninja trademark, logo, or other proprietary information (including the images found at Our website, the content of any text, or the layout/design of any page or form contained on a page) without Go Ninja's express written consent;

xiii.      use meta tags or any other "hidden text" utilizing a Go Ninja name, trademark, or product name without Go Ninja's express written consent;

xiv.      deeplink to Our website without Go Ninja's express written consent;

  1. create or use a false identity on Our website, share Your account information, or allow any person besides Yourself to use Your account to access Our website;

xvi.      harvest or otherwise collect information about Go Ninja users, including email addresses and phone numbers;

xvii.     download, “rip,” or otherwise attempt to obtain unauthorized access to any Go Ninja Services, content or other materials; or

xviii.    post any copyrighted material unless the copyright is owned by You.

  1. Your Account; Passwords.

Certain Go Ninja Services permit or require You to create an account to enjoy additional services and benefits that We provide. You agree to provide and maintain accurate, current and complete information for Your accounts, including as applicable, Your name, contact, and payment information. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that We may take steps to verify the accuracy of information You provide.

We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in Our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct.

 

You are responsible for maintaining the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You may not share Your password or other login information with any person; any use of Your account by any person other than Yourself is grounds for suspension or termination of Your account. You agree to promptly notify Us of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving Your account or the Go Ninja Services. You agree not to use the account, username or password of any other account holder at any time. Go Ninja will not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge.

 

  1. Member Public Profiles.

 

When You create an account with Us, You may be asked to provide certain personal information, such as Your name and e-mail address. Some of this information may be publicly viewable by others, such as other Go Ninja members or account holders.

 

Go Ninja relies on its members to provide current and accurate information, and We do not, and cannot, investigate information contained in member public profiles. Go Ninja does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.

 

  1. Program and Service Descriptions, Price and Other Information.

 

We have taken reasonable precautions to ensure that all program descriptions, prices and other information shown on Our website are correct and fairly described. However, when ordering programs or services through Our website, please note that:

 

  1. We reserve the right to not accept any orders if there is a material error in the description of the program or service, or if the price advertised is incorrect;
  2. We reserve the right to refuse or discontinue the supply of any program or service to any customer, or change, suspend or discontinue any aspect of Our websites at any time in Our sole and absolute discretion;

iii.        all prices are displayed in United States Dollars unless expressly indicated otherwise; and

  1. when You place an order, We estimate the tax applicable to Your order and include that estimate in the total for Your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to Your payment card, and reflected in the order confirmation and package invoice We provide to You).

 

  1. Your Personal and Payment Information.

 

When You provide any information to Us for any reason, such as to sign up for an offer, use Our mobile applications, or purchase Our Go Ninja Services, You agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to Us, You represent that such payment information is correct, and belongs to You or You have the authority to use such payment card. In the case of e-mail, You must provide an accurate e-mail address that is registered to You. You are responsible for promptly updating Your information with any changes, especially to keep Your billing information current. You must promptly notify Us if Your payment card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at info@goninjaprogram.com. To help keep Your account current and prevent service interruption, You acknowledge Go Ninja may update Your payment card information on file when it is set to expire or based on updates it receives from the bank that issues Your payment card. You agree that Your placement of an electronic order on Our website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

 

  1. Miscellaneous.

 

  1. Notices. All notices required or permitted to be given under these Terms must be in writing. We may provide You notice by sending You an e-mail to the address on file with Us, which You agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH GO NINJA IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY US OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Us by means of U.S. mail, postage prepaid, to Gym Marika, Ltd. 6724 Perimeter Loop Road, Attn: Marika White. Such notice to Us shall be effective upon receipt of notice by Us.

 

  1. Severability. If any provision of these Terms, or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.

           

  1. Termination. Notwithstanding anything to the contrary in these Terms, We reserve the right, without notice and in Our sole and absolute discretion, for any reason or no reason, to terminate Your access and use of any Go Ninja Services, including to block or prevent Your access and use of any of Our websites. You agree that We shall not be liable for any termination of Your access and/or use of Our websites.

 

  1. No Third Party Beneficiaries. Except as set forth in these Terms, only You and We may enforce these Terms; no third party shall be entitled to enforce these Terms.

 

 

  1. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

 

  1. Waiver. No waiver of any provision of these Terms by Us shall be deemed a further or continuing waiver of such provision or any other provision, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by Us in order to be effective.

 

  1. Assignment. We may assign these Terms to any person or entity at any time, for any reason, with or without notice to You.

 

  1. Amendments; Entire Agreement. These Terms may not be amended unless in a signed writing by an executive of Gym Marika, Ltd. These Terms constitute the final, exclusive and complete agreement between You and Us regarding the subject matter hereof and supersede all agreements, communications and course of dealings between You and Us.

 

© 2016 Gym Marika, Ltd.  All rights reserved.