Terms & Conditions

Introduction

Welcome to the Murtisol® website at murtisol.shop (the “Site”). The Site provides information about Murtisol’s treadmills, bikes, rowers, electric bikes and other products (collectively, the “Products”), allowing users to learn about and purchase the Products.

Please read these Terms and Conditions (the “Terms“) carefully before using this Site or making any purchases from it. By using this Site or making any purchases, you agree to be bound by these Terms. If you do not accept these Terms, do not use this Site.

These Terms constitute an agreement between you and Murtisol LLC (“Murtisol“, “we“, “us” or “our“), the operator of the Site and seller of the Products. We may periodically make changes to these Terms and will notify you of any material changes, either by posting on this Site or by contacting you via email or other means. The updated Terms will be effective as of the date of posting or other notification. Your continued use of this Site after any changes to the Terms constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms.

Key notes about these Terms:

• They govern your use of this Site and any purchase or other transaction made through this Site.
• They contain important information about our shipping and return policies, privacy policy, and other policies.
• They contain limitations of liability and other important provisions that apply to you.
• They require arbitration and class action waiver if there is a dispute.

By using this Site and making purchases, you affirm that you are able to enter into a legally binding agreement with Murtisol. If you do not agree to these Terms or if you are not legally able to enter into a binding agreement, do not use this Site and do not make any purchases.

Use of the Site

You agree to use this Site only for lawful purposes and in accordance with these Terms. You agree not to use this Site:

• In any way that violates any applicable federal, state, local or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Murtisol, a Murtisol employee, another user or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Murtisol or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Purchases and Payment

You agree to abide by any relevant terms and conditions or other legal agreement, whether posted on this Site or otherwise, between you and Murtisol when making purchases.

All purchases are subject to product availability. We strive to provide accurate images, descriptions and pricing information for Products on the Site. Despite our efforts, a small number of items on our Site may be mispriced, and we reserve the right to refuse or cancel any order for which the advertised price was incorrect due to typographical error, error in description or error in your order. We will notify you if this situation arises.

Availability: We work to make sure all Products advertised on the Site are in stock and available when you submit an order. However, it is possible that an item could become unavailable before we are able to ship your order. In that case, we will cancel that portion of your order and refund you any amount paid for that item.

Prices: All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation. Title to all Products passes to you when we make shipment to you.

Shipping: We will arrange for shipment of ordered Products to you. Please check the individual Product page for specific delivery options. You will pay shipping and handling charges calculated at the time you complete your order based on your selected shipping options, with such charges added to the merchandise total. We reserve the right to ship orders separately if needed. Expedited shipping is available at an additional cost. We endeavor to deliver your purchase as soon as possible, but transit delays can occur especially during peak periods.

Payment: We accept major credit and debit cards, PayPal and Amazon Pay. You represent and warrant that you are authorized to use any payment method you submit. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If you pay with a credit or debit card, we may seek pre-authorization of your credit card account prior to shipment to verify the card is valid and/or has the necessary funds or credit available to cover your purchase. Until your order ships, no payment will be processed. To the extent a pre-authorization was obtained and your order does not ship, the pre-authorization will be released per card issuer policies.

Returns: If you are unsatisfied with your purchase for any reason, you may return it to us within 30 days of the ship date to receive a refund of the purchase price. Please view our Returns Policy for full details.

Intellectual Property Rights

The content on this Site, including without limitation the Products, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Intellectual Property”), are owned by or licensed to Murtisol and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Murtisol hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use this Site and electronically copy, download and print hard copy portions of the Site solely for your personal, non-commercial use. Murtisol reserves all rights not expressly granted to you in and to the Site and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Intellectual Property, in whole or in part. If you download or print a copy of any portion of the Site for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, distribute, publicly display or perform, or prepare derivative works based on any Intellectual Property.

User Content

If you submit, upload, post, email or otherwise transmit to Murtisol or this Site any reviews, comments, images, videos or other communications or content (“User Content”), you grant Murtisol a perpetual, worldwide, royalty-free, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from and incorporate into other works such User Content, in whole or in part and in any format or medium now known or hereafter developed.

You represent and warrant that you own or have the right to grant all of the rights in such User Content as provided here, and that the use of such User Content by Murtisol will not infringe upon or violate the rights of any third party. You shall not submit, upload, post, email or otherwise transmit any User Content that: (i) is unlawful, tortious, defamatory, libelous, obscene, pornographic, invasive of privacy or publicity rights, threatening, abusive, inflammatory, harassing, fraudulent or otherwise objectionable, or contains or installs any viruses, worms, bugs, Trojan horses, malware or other harmful code; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; or (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

By submitting User Content, you also grant Murtisol and our affiliates the unlimited, worldwide, perpetual right and license to use your name, persona and likeness embodied in any photos, videos or other media submitted by you or otherwise accompanying such User Content, in connection with the distribution, transmission, public performance and display of such User Content.

You are solely responsible for all User Content you submit, email or otherwise transmit via the Site. You agree that we are not responsible, and shall have no liability to you or any third party, with respect to any User Content submitted by you or any third party. We have no obligation to screen, monitor, edit or remove any User Content. However, we reserve the right to screen, refuse, remove or edit any User Content submitted at any time without notice and for any reason, including User Content that we believe violates these Terms.

Reviews

Any reviews posted by you about our Products on this Site are for the benefit of others and represent your personal opinions. You further agree that you will only provide reviews that are accurate and truthful, based on your first-hand experience with the Product. By submitting a review, you hereby grant us a perpetual, worldwide, irrevocable, fully sublicensable license to reproduce, publish, translate, distribute, publicly display and/or otherwise exploit in any manner such reviews, including your name, photo and other information submitted by you in connection with such reviews, in whole or in part, in any media formats and channels now known or hereafter developed. You represent and warrant that you own or otherwise control all of the rights to the reviews you submit, and that the licensed use of such reviews by Murtisol will not infringe upon or violate the rights of any third party. You shall not submit any review that: (i) infringes any third party intellectual property or publicity/privacy right; (ii) violates any law or regulation; or (iii) is defamatory, libelous, false, deceptive or misleading.

Disclaimer of Warranties

THE PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MURTISOL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SITE.

THIS SITE AND THE INFORMATION, CONTENT AND SERVICES PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, MURTISOL DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (3) DEFECTS WILL BE CORRECTED; (4) THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE USE OF THE SITE WILL BE UNINTERRUPTED. MURTISOL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS SITE COMPLIES WITH THE LAWS OF ANY COUNTRY OUTSIDE THE UNITED STATES.

YOU (AND NOT MURTISOL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM OR OPERATION OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE PRECEDING DISCLAIMERS ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

MURTISOL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM YOUR PURCHASE OR USE OF THE PRODUCTS OR SERVICES OFFERED, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

THE ENTIRE AGGREGATE LIABILITY OF MURTISOL ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO MURTISOL FOR THE PARTICULAR PRODUCTS OR SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless Murtisol and our affiliates and licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Site, including any data or content transmitted or received by you; your violation of these Terms, including without limitation your breach of any of the representations and warranties above; your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; your violation of any applicable law, rule or regulation; or any claim or damages that arise as a result of any User Content or any other information or content that you submit, post, transmit or make available through the Site.

Modifications to the Site

Murtisol reserves the right at any time to:

• Change the terms and conditions of these Terms;
• Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
• Change any fees or charges for use of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on this Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms.

International Use

Although this Site may be accessible worldwide, Murtisol makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or their subject matter shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of or related to these Terms or your access or use of the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.

Binding Arbitration

Any controversy or dispute arising out of or relating to these Terms shall be referred to and finally determined by private and confidential binding arbitration before a single neutral arbitrator, conducted in accordance with the rules of the Judicial Arbitration and Mediation Service (“JAMS”) under its Streamlined Arbitration Rules and Procedures. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Such arbitration shall be held in Delaware.

There shall be no right or authority for any dispute to be arbitrated on a class action or consolidated basis or in a purported representative capacity on behalf of the general public or persons similarly situated. Your ability to obtain relief is limited to your own disputes. The arbitrator’s authority to award damages and remedies is subject to the limitations in these Terms.

You agree not to file or proceed with any lawsuit against Murtisol (which means Murtisol and any parents, subsidiaries, affiliates, employees, officers, directors and agents) concerning any dispute, controversy or claim arising out of or relating to the Site unless we have refused or failed to abide by the terms of this arbitration provision. You agree that any violation of this provision would cause irreparable harm to Murtisol, that monetary damages would be inadequate to compensate Murtisol, and that Murtisol is entitled to obtain any legal or equitable remedies that may be available, such as an injunction, for such violation.

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Murtisol will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

Claims Must be Filed Within One Year

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF FOR ANY REASON YOU CLAIM THAT MURTISOL HAS FAILED TO PERFORM UNDER THESE TERMS OR YOU HAVE ANY OTHER CLAIM AGAINST MURTISOL, THEN SUCH CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR OF ITS ACCRUAL (i.e. the date the claim first arose) OR IT WILL BE FOREVER BARRED. This provision shall survive any termination or cancellation of these Terms.

Termination

The Terms are effective until terminated by either you or Murtisol. Murtisol, in its sole discretion, may terminate your access to or use of the Site at any time and for any reason, including if Murtisol believes you have violated or acted inconsistently with these Terms or the spirit of these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination may be effected without prior notice to you and that Murtisol will not be liable for any costs, losses, expenses or damages of any kind arising from or relating to any termination. The provisions of these Terms concerning protection of proprietary rights, infringement, representations and warranties, disclaimer of warranties, damage and liability exclusions and limitations, governing law, jurisdiction, venue, remedies, legal fees and indemnity, class action waiver and arbitration shall survive any termination.

Entire Agreement

The Terms constitute the entire agreement between you and Murtisol regarding the use of the Site and supersede all prior and contemporaneous agreements, representations, warranties and understandings of the parties regarding the Site. No supplement, modification or amendment of these Terms will be binding unless made in writing and signed by both parties. The failure of Murtisol to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Us

If you have any questions about these Terms, please contact us at:

Murtisol LLC
123 Main St.
Anytown, DE 12345
Email: [email protected]