Symmetry Central, LLC operates www.symmetrycentral.com. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We go out of our way to protect your personal information. We use your Personal Information only for providing and improving Symmetry Central. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection and Use While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").
We may use your Personal Information to contact you with newsletters, marketing or promotional materials.
Terms and Conditions
PLEASE READ CAREFULLY: These Terms and Conditions apply to the entire contents of the Site under the domain www.symmetrycentral.com (the "Website") and to any correspondence by e-mail between us and the user. Please read these Terms and Conditions carefully before using the Website. Using the Website indicates that you accept these Terms and Conditions. If you do not accept these Terms and conditions, please do not use the Website. This notice is issued by Symmetry Central, LLC.
By accessing any part of the Website you will be accepting
the Terms and Conditions. If you do not accept the Terms and Conditions, you must leave the Website immediately.
The Company may change this legal notice at any time by updating this section.
You are permitted to print and download extracts from the Website [for your personal use] on the following basis:
- No documents or related graphics on the Website are modified in any way;
- No graphics on the Website are used separately from the corresponding text; and
- The Company's copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or licensed to the Company by its legitimate owners and licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with section for any purpose is prohibited. If you infringe on any of the terms in this legal notice, your permission to use the Website will terminate and you must destroy any downloaded or printed material from the Website.
No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Symmetry Central's prior written permission.
Any rights not expressly granted in these terms are maintained whether written or not.
The Company makes every effort to ensure that the Website is normally available. The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
Visitors are not allowed for any reason to post or transmit from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience to anyone; or
- For which you have not obtained all necessary licenses and/or approvals; or
- Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not use the website in an inappropriate manner.
If you would like to create a link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of the Symmetry Central logo;
- You do not create a frame or any other browser or border environment around the Website;
- You do not in any way imply that the Company is endorsing any products or services other than its own;
- You do not misrepresent your relationship with the Company nor present any other false information about the Company;
- You do not otherwise use any Symmetry Central trade marks displayed on the Website without express written permission from the Company;
- You do not link from a website that is not owned by you; and
- Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The Company expressly reserves the right to revoke the right granted hereunder for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this provision.
While the Company makes every effort to ensure that the information on the Website is correct and updated, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill under any jurisdictions which, but for this legal notice, might have effect in relation to the Website).
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in this legal notice shall exclude or limit the Company's liability for:
- Death or personal injury caused by negligence; or
- Fraud; or
- Misrepresentation as to a fundamental matter; or
- Any liability which cannot be excluded or limited under applicable law.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
This legal notice shall be governed by and construed in accordance with US laws. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the US courts with the state of Delaware.
WHEREAS, Company is in the business of selling Fitness and rehabilitation equipment; WHEREAS, Buyer desires to purchase such equipment.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained therein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted by and between the parties to this Agreement, under seal, as follows:
- Sale of Equipment: Company hereby sells to Buyer and Buyer hereby purchases from Company the exercise equipment.
- Purchase Price: Buyer shall pay to Company for the Equipment and for all obligations specified herein, as full and complete consideration.
- Payment: Payment of the Purchase Price in full by Buyer to Company shall be made prior to delivery of the equipment unless otherwise agreed upon by the Company and the Buyer.
- Site Preparation: Buyer shall be responsible for preparing a site suitable for the installation and operation of the Equipment
- Installation: Company shall install the Equipment at the Installation Site in accordance with the installation schedule set. Company shall be responsible to install the Equipment only when Buyer has properly prepared the site at Buyer’s sole expense. Buyer shall be responsible for having the site fully ready to receive the Equipment on the estimated delivery date. Company shall comply with all permits and licenses required by Federal, State, or local authorities about the delivery and installation of the Equipment.
- Equipment Guarantee: The guarantee provided to Buyer by Company with respect to the Equipment is THIRTY (30) DAY GOLD STANDARD TETRAHEDRON BIOMECHANICS GUARANTEE For thirty (30) days from date of delivery the Company has a (30) day return policy no questions asked. Company offers a warranty on parts for 1 year. When normal use has caused the wear and tear of such parts. An example would be that fire and burglary will not covered by this 1 year warranty. To enable Company to properly administer the 1 year warrant, Buyer shall promptly notify Company of any claim hereunder, and provide Company with the opportunity to inspect and test parts claimed by Buyer to be defective. The warranty period shall commence upon Acceptance of the Equipment.
- Intellectual Property: Company owns all patent, trademark, and other intellectual property associated with said equipment.
- Company shall indemnify and hold Buyer its trustees, officers, employees, and agents harmless from any loss, lawsuit, liability, damage, cost and expense (including reasonable attorneys' fees) which may arise out of or result from (i) claims by third persons against Buyer that the Equipment has caused damage to property or bodily injury (including death); or (ii) the acts or omissions of the Company, its agents or employees in connection with this Agreement; or (iii) any defects in any Equipment supplied by the Company; or (iv) any breach or default in the performance of the obligations of Company hereunder including any breach of guarantee. Company's indemnification obligations hereunder shall not apply to the extent that the negligence or misconduct of Buyer causes any claim.
- The invalidity, in whole or in part, of any of the foregoing paragraph will not affect the remainder of such paragraph.
- Company Buyer Obligation Under This Agreement: Buyer has an obligation to give credit card information to Company and buyer will be charged with 50% of the total. Company then starts the process of ordering such inventory for buyer. Buyer then is charged the other 50% right before equipment is shipped to buyer. All disputes will be handled in US court in the state of Delaware or in arbitration in the state of Delaware in the US.
- Compliance with Laws. Company shall perform this Agreement in compliance with all applicable Federal, State, and local laws, rules, regulations, and ordinances.
- The Company agrees not to discriminate based on race, sex, color, religion, and national origin.
- Confidentiality. The parties shall hold in strictest confidence any information and material which is related to either Buyer's or Company's business or is designated by either Buyer or Company as proprietary and confidential, herein or otherwise. It is understood that this confidentiality clause does not include information which: (i) is now or hereafter in the public domain through no fault of the party being provided the confidential information; (ii) prior to disclosure hereunder, is property within the rightful possession of the party being provided the confidential information; (iii) subsequent to disclosure hereunder, is lawfully received from a third party with no restriction on further disclosure; or (iv) is obligated to be produced under order of a court of competent jurisdiction, unless made the subject of a confidentiality agreement or protective order in connection with such proceeding, which the parties in all cases will attempt to obtain. Buyer and Company hereby covenant that each shall not disclose such information to any third party without prior written authorization of the other. Company further covenants not to disclose or otherwise make known to any party nor to issue or release for publication any articles or advertising or publicity matter relating to this Agreement in which the name of Buyer or any of its affiliates is mentioned or used, directly or indirectly, unless Buyer grants prior written consent.
- Binding Effect. The provisions hereof shall be binding upon and shall inure to the benefit of Buyer and Company, their respective successors, and permitted assigns.
- Counterparts. Provided that all parties hereto execute a copy of this Agreement, this Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Executed copies of this Agreement may be delivered by email or other comparable means. This Agreement shall be deemed fully executed and entered into on the date of execution by the last signatory required hereby.