Terms Of Conditions

Terms of Conditions

Welcome to Power Swing Fitness. These terms and conditions outline the rules and regulations for the use of Power Swing Fitness's Website.

Power Swing Fitness is located at:  661 Lucille Dr. Lexington, 40511.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Power Swing Fitness’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: Client, You and Your refers to you, the person accessing this website and accepting the Company’s terms and conditions. The Company, Ourselves, We, Our and Us, refers to our Company. Party, Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Kentucky.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Power Swing Fitness’s website you consent to the use of cookies in accordance with Power Swing Fitness's privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Power Swing Fitness and/or its licensors own the intellectual property rights for all material on Power Swing Fitness.

All intellectual property rights are reserved. You may view and/or print pages from https://0613ab.myshopify.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from https://0613ab.myshopify.com.
  • Sell, rent or sub-license material from https://0613ab.myshopify.com.
  • Reproduce, duplicate or copy material from https://0613ab.myshopify.com.
  • Redistribute content from Power Swing Fitness (unless content is specifically made for redistribution).

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury resulting from negligence.
  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
  • Limit any of our or your liabilities in any way that is not permitted under applicable law.
  • Or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

  1. are subject to the preceding paragraph; and
  2. govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities that arise in contract, tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and 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 Privacy Policy that may govern the relationship between you and Us in other contexts.,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 automated 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”).

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.

You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

You must have a wireless device of your own, be 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.

You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform 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 platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

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 updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.

For any questions, you can contact us for more information about the program.