TERMS OF USE
Last Updated: July 9, 2026
Performance Brands Inc., dba SteelFit®, a Florida corporation (“PBI,” “we,” “us” or “our”), as a convenience to you grants you access to our website, www.steelfitusa.com (the “Site”), and content on our social media platforms such as Facebook, X (formerly Twitter), Instagram, and TikTok (together with the Site, the “Platforms”), which may contain offers to sell you supplements, fitness supplies and related goods (collectively, “PBI Products”). Your access and use of the Platforms is expressly conditioned upon your acceptance of the terms and conditions contained herein (these “Terms of Use”).
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER.” EXCEPT AS DESCRIBED IN THAT SECTION, THESE PROVISIONS REQUIRE YOU AND PBI TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS — NOT IN COURT, NOT BEFORE A JURY, AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF USE, OUR SHIPPING POLICY, AND OUR PRIVACY POLICY CAREFULLY BEFORE USING OR SUBMITTING INFORMATION TO THE PLATFORMS. BY ACCESSING OR USING THE PLATFORMS, CLICKING A BUTTON OR CHECKING A BOX INDICATING YOUR ACCEPTANCE, OR PURCHASING OR USING PBI PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, THE SHIPPING POLICY, AND THE PRIVACY POLICY, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION, IF GREATER). IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THE PLATFORMS OR THE PBI PRODUCTS.
If you enroll in our mobile messaging program, you also agree to our SMS/MMS Mobile Message Marketing Program Terms and Conditions set forth at the end of these Terms of Use, as well as our Messaging Terms (https://terms.pscr.pt/legal/shop/steelfitusa/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/steelfitusa/privacy_policy).
PRIVACY
Our policies concerning the collection, use, and disclosure of your personal information are set forth in our Privacy Policy, which is incorporated herein by reference (the “Privacy Policy”). By using the Platforms, you acknowledge the Privacy Policy and consent to our collection, use, and disclosure of your personal information as described therein. Nothing in these Terms of Use is intended to waive, limit, or restrict any rights you may have under applicable data protection or consumer privacy laws that cannot lawfully be waived or limited by contract.
CHANGES TO THESE TERMS
PBI reserves the right, at its sole discretion, to change these Terms of Use and the Privacy Policy at any time. When we make changes, we will post the revised Terms of Use on the Site and update the “Last Updated” date above. If we make material changes, we will provide reasonable advance notice by prominent posting on the Site and/or, where we have a current email address on file for you, by email. Except as otherwise stated, changes are effective upon posting, and your continued use of the Platforms or purchase of PBI Products after the effective date of the revised Terms of Use constitutes your acceptance of the changes. Material changes to the section titled “DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER” will not apply to any dispute for which either party provided written notice to the other before the effective date of the change, and you may reject any such material change by sending us written notice within 30 days of the effective date, in which case the arbitration provisions of the most recent version of these Terms of Use that you previously accepted will continue to apply.
ELIGIBILITY
The Platforms are intended for users who are at least 18 years of age. You must be at least 18 years old (or the age of majority in your jurisdiction, if greater) to purchase PBI Products. The Platforms are not directed to, and we do not knowingly collect personal information from, children under the age of 13. If you are between 13 and 17 years of age, you may browse the Platforms only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms of Use on your behalf.
OWNERSHIP
You acknowledge and agree that the Platforms, 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 (collectively, “Our Content” or “PBI Content”) are owned by PBI or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of the Platforms (such as mobile applications, if any) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of PBI and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with PBI’s ownership of the Platforms and Our Content, and that you gain no right, title, or interest in or to any of the Platforms or Our Content, except as stated in these Terms of Use or any executed written agreement between you and PBI. In addition, except as expressly set forth in these Terms of Use, 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 PBI or any third party.
LICENSE AND RESTRICTIONS
Subject to the terms herein, you are hereby granted a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and make use of the Platforms and Our Content solely for your personal, non-commercial use only. This limited license does not include any commercial use or resale use of Our Content or any plagiaristic use of the Platforms or Our Content. You may not (i) modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, sell or otherwise exploit for any commercial purposes any portion of the Platforms unless you obtain our prior written consent; (ii) access or attempt to access any systems or servers on which the Platforms are hosted or modify or alter the Platforms in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of Our Content; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms or any business being conducted involving the Platforms, including but not limited to by using any robot, “bot,” spider, crawler, scraper, engine, device, software, tool, routine, time bombs, logic bombs, viruses/worms, back doors, trap doors, undocumented passwords, trojan horses, or any other automatic device or manual process of any like or kind, or by overloading, “flooding,” “mailbombing” or “crashing” (collectively, “Harmful Code”) without our written permission, or engage in any activity which interferes with the proper working of or access to the Platforms or to any host or network; (v) attempt to reverse engineer, decompile or disassemble any of the technology used in making the Platforms available; (vi) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access; (vii) use any data mining, scraping, harvesting, artificial intelligence training, or similar data gathering or extraction methods on the Platforms or Our Content without our prior written consent; (viii) upload or otherwise transmit files that contain Harmful Code; (ix) restrict or prevent any other user from using the Platforms or Our Content; (x) circumvent or disable any content protection system or digital rights management technology used; (xi) access or use any Platforms in an unlawful or unauthorized manner or in a manner that suggests an association with PBI, unless you have an executed agreement with us that allows for such activity; or (xii) negatively affect other users’ ability to use the Platforms.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of Our Content solely for your own noncommercial use. Any other use of materials from the Platforms, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any of Our Content, without prior written permission of PBI is strictly prohibited.
COPYRIGHTS
The Platforms and Our Content, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of PBI and/or its licensors and are protected by patent, trademark, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with PBI’s express written consent. Other than as necessary for your use of the Platforms in accordance with these Terms of Use, PBI grants no other privileges or rights in Our Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on Our Content. Any Content owned by PBI’s licensors may be subject to additional restrictions. All rights are expressly reserved to PBI and its licensors.
TRADEMARKS
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platforms or are used in connection with the PBI Products are proprietary to PBI or other respective owners that have granted PBI the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of PBI, and you may not remove or otherwise modify any trademark or other proprietary notices in or on the PBI Products.
YOUR CONTENT
From time to time, users of the Platforms may submit to PBI information, messages, suggestions, questions, comments, ratings, reviews, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “Your Content”). It is your responsibility to ensure that no portion of Your Content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. Our Content and Your Content shall collectively be referred to as “Content.”
By providing Your Content to PBI, you hereby grant PBI an unrestricted, transferable, sub-licensable, irrevocable, royalty-free and fully paid-up, worldwide, and perpetual license to copy, perform, reproduce, distribute, market, publicly display, make derivative works of, and otherwise use Your Content in connection with the Platforms and in any other form or media whatsoever, now known or later invented, throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from PBI in connection with PBI’s exercise of its license rights in and to Your Content you have provided to us. You acknowledge and agree that PBI is under no obligation of confidence to you, and shall not be liable for any use or disclosure of Your Content. By submitting Your Content to PBI on any of the Platforms, you represent and warrant that you own the copyright in Your Content or that you have a legitimate license to provide Your Content, including photographs or other audiovisual material, without any restrictions whatsoever.
In addition, you agree not to take any of the following actions: (i) submit or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ii) submit or transmit any Content that exceeds PBI’s capacity limits or for which you do not own or have the necessary and appropriate rights; (iii) submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes; (iv) use the Platforms to threaten, defame, abuse, assault, stalk, harass or otherwise violate laws or the rights of any other person or entity, including, without limitation, rights of privacy or publicity; (v) publish, post, display, offer, or disseminate any unlawful, fraudulent, offensive, discriminatory, profane, obscene, terroristic, violent, or hateful Content; (vi) collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Platforms; (vii) violate, or encourage any conduct that would violate, any applicable law, rule or regulation; or (viii) monitor or copy the Content of the Platforms.
PBI reserves the right to review Your Content and remove, delete, redact, or otherwise modify Your Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. PBI has no obligation to display any of Your Content. PBI reserves the right to disclose, at any time and from time to time, all or any portion of Your Content that PBI deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request. PBI shall have no liability in connection with any of Your Content submitted to PBI or displayed in connection with the use of the Platforms.
Consumer Reviews. Nothing in these Terms of Use is intended to prohibit or restrict your ability to provide truthful reviews or other performance assessments of PBI or the PBI Products, or to impose any penalty or fee for doing so, consistent with the federal Consumer Review Fairness Act, 15 U.S.C. § 45b. We reserve the right to remove or decline to publish reviews or other submissions that are unrelated to our products or services, contain confidential or personal information of others, are false or misleading, contain unlawful, harassing, abusive, obscene, vulgar, or sexually explicit material, or that we are otherwise permitted by law to remove.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, the Platforms may contain links to other sites on the Internet that are owned and operated by third parties other than PBI (the “External Sites”). However, even if the third party is affiliated with PBI, PBI has no control over these External Sites, all of which have separate privacy and data collection practices, independent of PBI. PBI has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. Links to these External Sites, if any, are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that PBI sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
HEALTH AND FDA DISCLAIMER
THE STATEMENTS MADE ON THE PLATFORMS REGARDING DIETARY SUPPLEMENTS AND OTHER PBI PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. PBI PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
All Content made available on the Platforms, including without limitation any articles, blog posts, videos, exercise or nutrition guidance, and product descriptions, is provided for general informational purposes only and is not medical advice. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition, a supplement, or an exercise program, and never disregard professional medical advice or delay in seeking it because of something you have read on the Platforms. Individual results vary, and testimonials or endorsements appearing on the Platforms reflect individual experiences that are not necessarily typical.
DISCLAIMER OF WARRANTIES
Except for the limited warranty stated below under the heading “SALE OF PRODUCTS,” the PBI Products, including without limitation any products, goods, services, Content, materials and other information made available via the Platforms, including External Sites, are provided on an “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” basis, and without representations or warranties of any kind, whether express or implied. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PBI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM HARMFUL CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
PBI does not represent or warrant that the Platforms, including without limitation the Content, information or any other materials offered or made available by PBI or functions contained in the Platforms, will be UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE ARE FREE OF HARMFUL CODE. THE PLATFORMS ARE PROVIDED VIA THE INTERNET AND YOU ACKNOWLEDGE AND AGREE THAT PBI DOES NOT OPERATE OR CONTROL THE INTERNET. AS SUCH, THE PLATFORMS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PBI SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Furthermore, PBI does not make any warranties or representations regarding the completeness, correctness, accuracy, adequacy, usefulness, timeliness, or reliability of any information made available on the Platforms. As a condition of your use of PBI Products, you warrant to PBI that you will not use any PBI Products for any purpose that is unlawful or prohibited by these Terms of Use. 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 PBI PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO USE THE PBI PRODUCTS AT YOUR SOLE RISK.
To the fullest extent permitted by applicable law, you will not hold PBI 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 Platforms, including without limitation any loss or damage to any of your computers or data.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PBI, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, PROVIDERS, THIRD PARTY PARTNERS, ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER OUR CONTENT, MATERIAL OR INFORMATION USED IN THE PLATFORMS OR PBI PRODUCTS, OR THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF DATA OR INACCESSIBLE DATA, LOSS OF PRIVACY, BREACH OF DATA OR DATA SECURITY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION), EVEN IF PBI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PBI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORMS OR THE PBI PRODUCTS, INCLUDING WITHOUT LIMITATION ANY PRODUCT, CONTENT OR OTHER MATERIALS OFFERED OR MADE AVAILABLE ON THE PLATFORMS, EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PBI FOR THE PBI PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). 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 you and PBI. The PBI Products would not be provided without such limitations.
PBI will not be liable for failure to perform any obligation under these Terms of Use 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, epidemics or pandemics, supply chain disruptions, threats or acts of terror, theft, any action or inaction of governmental, civil or military authority, strikes, lockouts or other labor disputes, or war.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS AND LIMITATIONS IN THESE TERMS OF USE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT OR WAIVE ANY RIGHT OR REMEDY THAT CANNOT LAWFULLY BE LIMITED OR WAIVED, INCLUDING ANY NON-WAIVABLE RIGHTS YOU MAY HAVE AS A CONSUMER UNDER THE LAWS OF YOUR STATE OF RESIDENCE.
SALE OF PRODUCTS
All purchases of PBI Products are subject to PBI’s Terms of Sale, which are also posted to the Site and are incorporated herein by reference. You are bound by the Terms of Sale automatically upon your purchase of PBI Products. We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on the Platforms are correct and fairly described. However, when ordering PBI Products through the Platforms, please note that:
PBI reserves the right to not accept any order if there is a material error in the description of a PBI Product, or if the price advertised is incorrect;
PBI reserves the right to refuse or discontinue the supply of any PBI Product to any customer, or change, suspend or discontinue any aspect of the Platforms at any time in our sole and absolute discretion, provided that we will not charge you for PBI Products we do not supply and will refund amounts you have paid for any order (or portion of an order) that we cancel;
All prices are displayed in United States Dollars unless expressly indicated otherwise;
Packaging and contents may vary from that shown on the Platforms;
Any weights, dimensions, and capacities shown on the Platforms are approximate only;
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);
All items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value;
PBI will repair or replace a product with new or refurbished parts or product, at PBI’s sole option, free of charge, in the event of a defect in materials or workmanship for one (1) year from the date of original purchase. To obtain warranty service on your product or a replacement, you may return it to Performance Brands, Inc. Customer Service at 905 Shotgun Road, Sunrise, FL 33326, USA, subject to your payment of proper postage, handling and insurance;
Except for the limited replacement warranty in the foregoing paragraph, and to the fullest extent permitted by applicable law, PBI does not make, and hereby expressly DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT regarding any and all PBI Products. Any assertion or promise made by PBI, or any of its representatives or agents, does not create any warranty that any product will conform to the assertion or promise, whether made orally, in writing or otherwise. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you; this warranty gives you specific legal rights, and you may also have other rights which vary from state to state;
You represent, warrant and covenant that all purchases of PBI Products are for your personal consumption and not for resale. Any order reasonably believed to be placed for or by a third-party reseller may be cancelled and refunded;
PBI reserves the right to limit order quantities;
PBI reserves the right to cancel orders, in which case we will notify you and issue a full refund of amounts paid for the cancelled order;
Label information is subject to change; please check the label of your bottle for the most up-to-date information before use; and
We offer different sizes for certain products; however, product images shown may depict the full retail size of the product. Please review the size stated in the product listing carefully before purchase.
From time to time we may be required to change the Terms of Sale or any other terms applicable to any PBI Products that we offer and/or you purchase. This includes, without limitation, changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. We will provide you with notice of any such material changes by posting a notice on the Platforms, sending an e-mail to you at the address you provided at the time of purchase, and/or by including a notice with any PBI Products you receive on an automatic recurring or subscription basis. For products purchased on an automatic recurring or subscription basis, we will notify you of any price increase or other material change to your subscription terms in advance and, where required by applicable law, at least as far in advance as such law requires, and you will have the opportunity to cancel your subscription before the change takes effect. By continuing to accept PBI Products after the effective date of a change of which you have been notified, you will be deemed to have accepted the change.
AUTO-RENEWING SUBSCRIPTIONS
PBI offers an optional subscription service through which selected PBI Products are shipped to you, and your payment method is charged, on an automatically recurring basis. Before you enroll in a subscription, we will disclose to you, clearly and conspicuously: (a) that the subscription will continue and automatically renew until you cancel; (b) the price you will be charged upon each renewal (and, for any promotional or trial pricing, the price that will apply after the promotional period ends and when it will first be charged); (c) the frequency of recurring charges and shipments; and (d) how to cancel. BY ENROLLING IN A SUBSCRIPTION, YOU AUTHORIZE PBI TO CHARGE YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR THE SUBSCRIPTION PRODUCTS, PLUS APPLICABLE TAXES AND SHIPPING AND HANDLING FEES, AT THE DISCLOSED FREQUENCY, UNTIL YOU CANCEL.
Cancellation. You may cancel your subscription at any time, and cancellation will be effective for charges after the date of cancellation (cancellations must be made before an order has been processed for shipment to avoid that cycle’s charge). You can cancel online at any time by logging in to your account on the Site, selecting “Subscriptions,” and clicking “Cancel” next to the item — the online cancellation method is at least as simple as the method you used to enroll. If you need help cancelling, or wish to cancel by email, you can contact us at info@steelfitusa.com and we will process your cancellation promptly. Where required by applicable law, we will send you a reminder notice before your subscription renews, and advance notice of any price change with the opportunity to cancel before the new price takes effect. Refunds, if any, are governed by our return policy posted on the Site.
PAYMENT INFORMATION
When you provide any information to us for any reason, such as to sign up for an offer or purchase PBI Products, 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 updating your profile on the Site or by contacting Customer Service at info@steelfitusa.com. To help keep your account current and prevent service interruption, you acknowledge PBI may request that you update your payment card information on file when it is set to expire, or may receive updated card information from the bank that issues your payment card and use it to process authorized recurring charges. You agree that your placement of an electronic order on the Platforms is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
PRODUCT WARNINGS
CONSULT YOUR PHYSICIAN. The risk of injury from using the PBI Products is significant, and includes the potential for catastrophic injury and/or even death. You should and must consult your physician before using any PBI Product. This is especially important if you are pregnant or nursing, are under 18 years of age, are taking any medication, or have any known or suspected medical condition. You should also see your physician immediately if you feel chest or stomach pain, nausea, dizziness, palpitations, or are having breathing difficulties. Keep all PBI Products out of the reach of children.
LISTEN TO YOUR BODY. Not all exercise products and programs are suitable for everyone. Using PBI Products may involve strenuous activity, so learning and practicing the proper use and care of any PBI Product is imperative. Always listen to your own body and take breaks, modify movements, or stop your workouts as necessary. Stop exercising immediately if you experience discomfort or pain.
READ ALL ACCOMPANYING MATERIALS. Familiarize yourself with all safety and instructional materials prior to using any PBI Product. Read, understand, and follow all specific warnings and instructions contained in the product literature and on the product label when using any PBI Product, including all directions regarding serving size and daily limits.
TAKE IT EASY. Begin each exercise slowly, especially if you are new to exercise or out of condition, in order to safely build coordination, strength and stamina. This will also help you to learn proper form, balance and coordination. Breathe naturally; do not hold your breath during exercise. Never over-exert yourself or perform a move to the point at which you feel you may lose balance or control.
BE AWARE OF YOUR SURROUNDINGS. Only exercise or use any PBI Product on a clear, even surface, after you have removed all obstructive materials and sharp objects from the area. Remove all jewelry, including rings, chains, and pins, before using any PBI Product. Always wear suitable clothing when exercising.
CALIFORNIA PROPOSITION 65. Certain PBI Products may bear a warning required by California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”). Please review product labels and the product pages on the Site for any applicable Proposition 65 warnings before purchase and use.
ASSUMPTION OF THE RISK
To the fullest extent permitted by applicable law, by buying, using, providing, or allowing the use of the PBI Products, including without limitation any and all goods, products or services, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF ANY AND ALL PERSONAL INJURIES THAT COULD BE SUSTAINED (AND EVEN THE RISK OF DEATH) ARISING OUT OF OR RELATING TO YOUR USE OR MISUSE OF THE PBI PRODUCTS, including but not limited to injuries arising from equipment malfunction, from whatever cause, to the maximum extent such assumption of risk is permitted by the law of your state of residence.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PBI (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives, and each of their respective successors and assigns) from and against any and all claims, actions, losses, damages, liabilities, expenses, costs or demands, including, but not limited to, reasonable legal fees and expenses, for all damages directly or indirectly resulting or allegedly resulting from (i) your use or misuse of the Platforms, Our Content or any PBI Products offered or made available on the Platforms; (ii) your breach or violation of any of these Terms of Use; (iii) Your Content or Comments (as defined below); (iv) any inaccurate or incomplete data or any Harmful Code transmitted by you; (v) any violation of applicable laws, rules or regulations by you or Your Content or Comments; and (vi) your order cancellation for products, goods or services, including but not limited to, the cost of special materials, the cost of custom or non-stock products completed or in process, and any reasonable costs incurred to collect such losses from you. PBI shall promptly notify you in writing of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If PBI does not hear from you promptly, PBI reserves the right to defend such claim or suit and seek full recompense from you. Without limitation of the foregoing, you may not settle, compromise, or dispose of any claim in any manner that imposes any obligation or liability on PBI without our express written consent. Your obligation to indemnify and defend PBI as set forth in this section shall include reimbursement of any and all legal fees and related costs and expenses incurred by PBI in connection with any such claim.
COMMENTS
From time to time, PBI may request your feedback or suggestions, including any ideas, comments, recommendations or the like (collectively, “Comments”). To the extent you submit Comments to PBI, such Comments will be treated as non-confidential and non-proprietary. Furthermore, any disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral, publicity or privacy rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory. You agree, at our cost, to execute any documents to effect, record or perfect such assignment. Thus, we will own exclusively all such right, title and interest in, and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for any Comments you make or provide to us. Nothing in this section limits your rights described under “Consumer Reviews” above.
CONFIDENTIAL INFORMATION
From time to time in the course of using the Platforms, you may have access to certain confidential information of PBI (“PBI Confidential Information”). For clarity, as used in these Terms of Use, “PBI Confidential Information” means all nonpublic or proprietary information disclosed by or on behalf of PBI, or otherwise learned by you in the course of using the Platforms, which is (i) designated as confidential or proprietary; or (ii) information a reasonable person would conclude is confidential or proprietary. PBI Confidential Information includes, but is not limited to, the following (whether furnished before or after you start using the Platforms, and whether disclosed orally, electronically, in writing or by visual inspection of the Platforms): (a) graphics and content of the Platforms; (b) information relating to PBI’s products, plans, specifications, designs, formulas, ideas, inventions, know-how, processes, techniques, practices, methodologies, policies and procedures, manuals and handbooks, testing, research and development; (c) information regarding acquiring, protecting, enforcing and licensing PBI’s proprietary rights including intellectual property rights; (d) information relating to PBI’s financials, employees, manufacturing and other supply partners, and customers; and (e) any and all copies, reproductions, notes, analyses, compilations, studies, interpretations and summaries of any of the above items, regardless of who prepares them. Notwithstanding the foregoing, PBI Confidential Information does not include any information that you can demonstrate by documentary evidence (1) is or has become publicly available through no wrongful act or omission attributable to you; (2) is or becomes rightfully known to you through a third party who is not subject to a restriction on disclosure; or (3) is independently developed by you without the use of or reference to PBI Confidential Information.
You agree not to use PBI Confidential Information for any purpose other than as required to use the Platforms in accordance with these Terms of Use (the “Purpose”). You agree to hold all PBI Confidential Information in strict confidence using at least the degree of care you would use to protect your most sensitive information and in no event less than a reasonable degree of care. You agree to not publish, disseminate, or otherwise disclose, or permit or facilitate the disclosure of, any PBI Confidential Information to any third party. To the extent required for the Purpose as authorized by PBI in writing, you may disclose PBI Confidential Information only to your employees, directors, officers and agents (“Representatives”) who have a need to know such information to carry out the Purpose and are bound to obligations of confidentiality (either by written agreement or applicable law) which are no less restrictive than those set forth in these Terms of Use. You agree to be responsible for all acts and omissions of your Representatives. Any copy, extract, portion, or derivative of PBI Confidential Information shall be identified as belonging to PBI and prominently marked “confidential.”
INTERNATIONAL USERS
The Platforms are controlled, operated, and administered by PBI from its offices within the U.S. PBI makes no representation or warranty that the materials contained within the Platforms are appropriate or available for use at other locations outside of the U.S., and access to the Platforms from territories where the content or products available through the Platforms are illegal is prohibited. If you access the Platforms from a location outside of the U.S., you are responsible for compliance with any and all local laws, rules, regulations and ordinances. You may not use the Platforms or export the Content or PBI Products in violation of U.S. export laws and regulations. PBI may limit the availability of the Platforms to any person, geographic area, or jurisdiction it chooses, at any time in PBI’s sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via the Platforms, please notify us immediately by email to PBI’s designated agent regarding copyright matters at info@steelfitusa.com or by U.S. mail to Performance Brands, Inc., Attn: DMCA Agent, 905 Shotgun Rd., Sunrise, FL 33326. DMCA notices must be in writing and must include all of the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platforms or as part of any PBI Product;
your address, telephone number, and email address and all other information reasonably sufficient to permit PBI to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TRANSFER OF OWNERSHIP
It is possible that PBI and/or any of our assets may be acquired by an unrelated third party. In such a transaction, we may be required to disclose or transfer any information you provide via the Platforms as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party, consistent with applicable law and our Privacy Policy. While we will endeavor to require the successor company to honor these Terms of Use, we cannot guarantee that these Terms of Use will remain in effect following such a transaction.
MODIFICATIONS TO AND DISCONTINUATION OF AVAILABILITY OF PBI PRODUCTS
PBI reserves the right at any time, and from time to time, to modify, terminate or discontinue, temporarily or permanently, the PBI Products or their availability (or any portion thereof, including any Content) with or without notice, at its sole discretion. You agree that PBI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the PBI Products, provided that you will receive a refund of amounts paid for any ordered PBI Products that are not delivered.
DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. YOU HAVE THE RIGHT TO OPT OUT AS DESCRIBED IN SUBSECTION (H) BELOW.
(a) Agreement to Arbitrate; Scope. You and PBI agree that, in the event of any claim, dispute or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of, relating to, or connected in any way with the Platforms, the PBI Products, your purchase or use of any PBI Product, advertising or marketing communications, or the breach, enforcement, interpretation, formation, or validity of these Terms of Use, including the threshold question of whether a dispute is subject to arbitration (each, a “Claim”), the Claim will be resolved exclusively by final and binding arbitration administered on an individual basis, except that: (i) either party may bring an individual Claim in small claims court in the county of your residence (or Broward County, Florida) if the Claim qualifies for and remains in that court; (ii) either party may bring an action in court to enjoin infringement or other misuse of its intellectual property rights; and (iii) to the extent a Claim for public injunctive relief cannot be waived or arbitrated under applicable law, such request for public injunctive relief (and only that request) shall be severed and may be pursued in a court of competent jurisdiction after the arbitration of all arbitrable Claims has concluded, and shall be stayed until that time. Arbitration is more informal than a lawsuit and uses a neutral arbitrator rather than a judge or jury; arbitration is subject to limited review by courts, but an arbitrator can award the same individual relief and damages that a court could award to an individual.
(b) Informal Dispute Resolution First. Before initiating any arbitration or permitted court proceeding, the party asserting a Claim must first send to the other a written, individualized notice of dispute (a “Notice”). A Notice to PBI must be sent by email to info@steelfitusa.com (subject line: “Notice of Dispute”) or by U.S. mail to Performance Brands, Inc., Attn: Legal — Notice of Dispute, 905 Shotgun Road, Sunrise, FL 33326, and must include: (i) your name, mailing address, email address, and the phone number and/or email associated with your purchase or account; (ii) a description of the nature and basis of the Claim; (iii) the specific relief sought; and (iv) your personal signature. PBI will send any Notice to you at the email or mailing address associated with your purchase or account. For a period of sixty (60) days from receipt of a completed Notice, you and PBI agree to attempt in good faith to resolve the Claim informally, which shall include, at the request of either party, one individualized telephone or video settlement conference in which both you and a PBI representative personally participate (counsel may also participate). All applicable statutes of limitations and filing-fee deadlines shall be tolled during this informal dispute resolution period. Completion of this informal dispute resolution process is a condition precedent to initiating arbitration or any permitted court proceeding, and a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration commenced without compliance with this subsection.
(c) Arbitration Procedure. Any arbitration shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”), as modified by these Terms of Use. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this section, the parties shall agree on another administrator or, failing agreement, a court shall appoint one pursuant to 9 U.S.C. § 5. The arbitration shall take place in the county in which you reside, in Broward County, Florida, or, at your election, remotely by telephone or videoconference; if the Claim is for $10,000 or less, you may choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules, including the AAA’s consumer fee schedule; PBI will pay such fees to the extent the AAA Rules require, and if the arbitrator determines that your Claim is not frivolous, PBI will reimburse any AAA filing fee you were required to pay. If the arbitrator finds that a Claim, or the relief sought, is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the payment and reimbursement of fees shall be governed by the AAA Rules and applicable law, and the arbitrator may award reasonable attorneys’ fees and costs to the extent permitted thereby.
(d) Arbitrator’s Authority and Award. The arbitrator shall have the authority to award any remedy or relief on an individual basis that a court of competent jurisdiction could award to an individual under applicable law, including individual injunctive relief and attorneys’ fees and costs where authorized by applicable statute or contract. The arbitrator shall issue a reasoned written decision, and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall apply applicable substantive law and honor claims of privilege recognized at law. The arbitrator shall have no authority to conduct any class, collective, consolidated, or representative proceeding, or to award relief to or against anyone who is not a party to the arbitration.
(e) CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PBI EACH AGREE THAT ANY CLAIM MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING UNLESS ALL PARTIES AGREE IN A SIGNED WRITING. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular Claim or request for relief, then, after all appeals of that determination have been exhausted, that Claim or request for relief (and only that Claim or request for relief) shall be severed from the arbitration and may be litigated in the courts identified in subsection (i), and all other Claims shall remain subject to individual arbitration; any such severed proceeding shall be stayed pending the outcome of the arbitrable Claims.
(f) JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PBI EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING, WHETHER IN ARBITRATION OR, FOR ANY CLAIM THAT PROCEEDS IN COURT FOR ANY REASON, IN COURT.
(g) Coordinated Filings. If twenty-five (25) or more arbitration demands raising similar Claims are filed against PBI (or asserted by PBI) within a 180-day period, and the demands are brought by or with the assistance or coordination of the same law firm, group of law firms, or organization (“Coordinated Filings”), the following staged process shall apply, and the parties agree that it is designed to make the resolution of Coordinated Filings efficient and expeditious. First, counsel for the claimants and counsel for PBI shall each select up to fifteen (15) demands per stage to proceed to arbitration (each such group, a “Batch”); no other demands may be filed or, if filed, shall be administratively stayed, and no filing, administration, or arbitrator fees shall be due for demands that have not yet proceeded in a Batch. Second, following the resolution of each Batch, the parties shall participate in a single global mediation session of all remaining demands before a mediator jointly selected by the parties (each side bearing half the mediator’s fee), and shall negotiate in good faith for thirty (30) days. Third, if the remaining demands are not resolved, the Batch process shall repeat until all demands are resolved or a party elects, after three (3) completed stages, to have the remaining demands proceed in court in accordance with subsection (i), in which case the class action waiver in subsection (e) shall continue to apply to the fullest extent permitted by law. All applicable statutes of limitations and filing-fee deadlines shall be tolled for all demands subject to this subsection from the time the first demand in the Coordinated Filings is filed until a demand proceeds in a Batch, is resolved, or proceeds in court under this subsection. No claimant’s demand shall be determined by, or bound to the outcome of, any other claimant’s demand. If a court or arbitrator determines that any portion of this subsection (g) is unenforceable as to any demand, that portion shall be severed as to that demand only and the remainder of this section shall remain in full force and effect.
(h) YOUR RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE (INCLUDING THE COORDINATED FILINGS PROCEDURE) BY SENDING WRITTEN NOTICE TO PBI WITHIN THIRTY (30) DAYS AFTER YOU FIRST ACCEPT THESE TERMS OF USE (OR, IF THESE ARBITRATION PROVISIONS ARE ADDED OR MATERIALLY CHANGED AFTER YOUR FIRST ACCEPTANCE, WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THE CHANGE). Your opt-out notice must be sent by email to info@steelfitusa.com with the subject line “Arbitration Opt-Out,” or by U.S. mail to Performance Brands, Inc., Attn: Legal — Arbitration Opt-Out, 905 Shotgun Road, Sunrise, FL 33326, and must include your name, mailing address, the email address and/or phone number associated with your account or purchase, and a clear statement that you wish to opt out of arbitration. If you timely opt out, neither you nor PBI will be required to arbitrate Claims, and Claims will instead be resolved in the courts identified in subsection (i); all other provisions of these Terms of Use will continue to apply to you. Opting out of arbitration has no effect on any prior arbitration agreement you may have entered into with PBI, and your decision to opt out will not adversely affect your relationship with, or the price or availability of products from, PBI.
(i) Governing Law; Venue for Court Proceedings. These Terms of Use and any Claim will be governed by the laws of the State of Florida, without regard to its conflict of laws principles, except that the arbitration provisions of this section are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”). If a Claim proceeds in court rather than in arbitration for any reason (other than a qualifying small claims action), the Claim shall be brought exclusively in the state courts located in Broward County, Florida, or the United States District Court for the Southern District of Florida, and you and PBI each consent to personal jurisdiction and venue in those courts and waive any objection to such jurisdiction and venue, including on grounds of inconvenient forum. Nothing in this subsection deprives you of the protections of any consumer protection law of your state of residence that cannot be waived by contract.
(j) Time Limitation on Claims. To the fullest extent permitted by applicable law, any Claim must be initiated (by service of a Notice under subsection (b)) within one (1) year after the date the Claim accrues, or the Claim is permanently barred. Where applicable law prohibits the contractual shortening of a limitations period, or prescribes a minimum period, the shortest limitations period permitted by such law shall apply.
(k) Severability; Survival. Except as expressly provided in subsections (e) and (g), if any portion of this Dispute Resolution section is found to be invalid or unenforceable, that portion shall be severed and the remainder of this section shall remain in full force and effect. This Dispute Resolution section survives the termination of these Terms of Use, the termination of your relationship with PBI, and the completion or cancellation of any purchase.
NOTICE TO CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Platforms are entitled to the following consumer rights notice: The Platforms are provided by Performance Brands, Inc., 905 Shotgun Road, Sunrise, FL 33326, info@steelfitusa.com. If you have a complaint regarding the Platforms or the PBI Products, or wish to request further information, please contact us at the address or email above. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
GENERAL
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any other provision or of such provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein, except as otherwise expressly provided in the section titled “DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER.” You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBI as a result of these Terms of Use, the Privacy Policy, our Terms of Sale or any use of the PBI Products. PBI’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use, the Privacy Policy or our Terms of Sale is in derogation of PBI’s right to comply with law enforcement requests or requirements relating to your use of the PBI Products or information provided to or gathered by PBI with respect to such use. These Terms of Use, the Privacy Policy and our Terms of Sale constitute the entire agreement between you and PBI with respect to the PBI Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PBI with respect to the PBI Products. We may provide notice to you hereunder by posting announcements to the Platforms or by email to the address associated with your account or purchase. PBI’s failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. Any rule of law or legal decision that would require interpretation of any ambiguities in these Terms of Use against the party that has drafted it is not applicable and is waived to the fullest extent allowed by law. The provisions of these Terms of Use shall be interpreted in a reasonable manner to effectuate the purpose of the parties and these Terms of Use. You may not assign these Terms of Use or any of your rights or obligations hereunder without our prior written consent; PBI may assign these Terms of Use without restriction.
NOTICES
Unless explicitly stated otherwise in the Platforms, you must provide all notices or complaints to PBI via email to info@steelfitusa.com or by U.S. mail to Performance Brands, Inc., 905 Shotgun Road, Sunrise, FL 33326.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Performance Brands, Inc. dba SteelFit® (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or the Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you may opt out at any time. The fastest way to opt out is to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. You may receive an additional mobile message confirming your decision to opt out. You may also opt out of the Program by any other reasonable means that clearly communicates your request to stop receiving messages, including by emailing your request to info@steelfitusa.com with the phone number you wish to unsubscribe. We will honor opt-out requests within a commercially reasonable time and in any event within the time required by applicable law (currently no more than ten (10) business days). Please note that automated keyword commands (such as STOP) are processed immediately, while requests made by other means may take up to the full period allowed by law to process.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products and services. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@steelfitusa.com.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program to the extent such delay or failure results from effective transmission from your wireless service provider/network operator, which is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, and that you either are of adult age in your jurisdiction or have your parent’s or legal guardian’s permission to use or engage with the Program. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event of any dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, such dispute shall be resolved in accordance with the section of Our Terms of Use titled “DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER,” which is incorporated into this Agreement by reference, including its informal dispute resolution requirement, individual arbitration requirement, class action waiver, coordinated filings procedure, and 30-day opt-out right. Our third-party messaging service providers are intended third-party beneficiaries of that section with respect to Claims arising out of the Program. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless necessary to protect or pursue a legal right. This dispute resolution provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
State Law — Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt into the Program is a Florida area code. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from you (including but not limited to responses to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to Sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
State Law — Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to Sections 80.36.390, 19.158.040, 19.158.110 and Chapter 19.158), as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt into the Program is a Washington area code.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any material updates to this Agreement will be communicated to you in accordance with the “CHANGES TO THESE TERMS” section of Our Terms of Use. By continuing to participate in the Program after any such changes become effective, you accept this Agreement, as modified.
Replenishment Reminders: By either (a) agreeing to our Terms of Service and Privacy Policy or (b) entering your phone number to opt in to replenishment reminder messages and clicking “Submit,” you agree that we or our providers may send you text notifications and text marketing offers. While variable based on your purchase behavior, marketing-based text messages will not exceed five (5) per month. You understand that consent is not a condition of purchase. You can unsubscribe from further text messages by replying STOP or by any other reasonable means as described in Section 2 above. Message and data rates may apply.
CONTACT US
If you have any questions about these Terms of Use, please contact us at info@steelfitusa.com or by U.S. mail at Performance Brands, Inc., 905 Shotgun Road, Sunrise, FL 33326, USA.
