Introduction
Welcome to the Cryotex® Massage Gun and Massage Gun Charger website at cryotexmassage.shop (the “Site”). This Site is owned and operated by Cryotex LLC (“Cryotex”, “we” or “us”). These Terms of Use (“Terms”) govern your access to and use of the Site.
Please read these Terms carefully before using our Site. By accessing or using the Site, you agree you have read, understand, and agree to be bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms, you may not access or use our Site.
We may modify these Terms at any time at our sole discretion. If we do so, we’ll notify you by posting the updated Terms on this page and update the “Last Updated” date below. It’s your responsibility to review these Terms periodically for any updates. Your continued use of the Site constitutes your acceptance of the updated Terms. If you do not agree to any update, you must immediately stop accessing and using the Site.
Age Restrictions
You must be at least 18 years old to access or use our Site. If you’re under 18 (or the legal age of majority where you live), you may only use the Site under the supervision of a parent or legal guardian who agrees to these Terms.
Do not access or use our Site if you are under 18 without supervision. If you violate any of these age restrictions, we may terminate your access to the Site.
Intellectual Property Rights
The content on the Site, including all trademarks, copyrights, patents, and other intellectual property, is owned by or licensed to Cryotex. It is protected by copyright, trademark, patent, and other laws of the United States and foreign countries.
You agree not to copy, distribute, modify, reverse engineer, or create derivative works from any content on the Site. You may use the Site content only for your personal, non-commercial use. Any other use of the Site content requires our prior written consent.
User Content
If you submit, upload, or post any feedback, suggestions, improvements, enhancements, or other content (“User Content”) to the Site, you grant us an unconditional, perpetual, irrevocable, non-exclusive, royalty-free, fully transferable and sublicensable right to use your User Content in any way and for any purpose, including commercial purposes.
You represent and warrant you have all rights necessary to grant us this license. You are responsible for your User Content and any consequences of sharing it.
Prohibited Conduct
You agree not to:
- Use the Site for any illegal purpose or that violates these Terms.
- Use any robot, spider, scraper, or other automated means to access the Site.
- Gain unauthorized access to the Site, Cryotex systems or networks.
- Circumvent any authentication or security measures.
- Post false, inaccurate, misleading, defamatory, or libelous content.
- Distribute viruses, worms, Trojan horses, corrupted files, or other malware.
- Engage in behavior that is threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, obscene, or invasive of anyone’s privacy.
- Impersonate any person or entity or provide false credentials to gain access to the Site.
- Engage in any conduct that could damage, disable, or impair the Site.
- Violate any applicable laws, regulations, or third party rights.
- Encourage or enable others to do any of the above.
We have the right to monitor your use of the Site to determine compliance with these Terms as well as any applicable laws. We may remove or disable access to any User Content we consider to be in violation. We also reserve the right to terminate your access to the Site if you violate these Terms.
Site Access and Operation
We aim to make the Site available 24/7, but it may be suspended or unavailable during maintenance, updates, outages, or due to failures of the internet, telecommunications networks, or our systems.
We reserve the right to block or restrict access to, or availability of, the Site in any geographic area. We may also impose restrictions on certain features, services, or User Content, or remove or disable access to the Site at our sole discretion.
Your access and use of the Site may be interrupted from time to time for various reasons, including reasons beyond our control. We do not accept any liability for damages of any kind resulting from any site unavailability, access issues, or lost or corrupted data.
Links to Third Party Sites
The Site may contain links to third party websites and services. Links to third party sites do not constitute our endorsement of those sites, their content, policies, or security.
We are not responsible for the content, privacy policies, or business practices of any linked third party site. Use these links at your own risk. We recommend you review the terms and privacy policies of third party sites before use.
Disclaimers and Limitation of Liability
The Site content is for general information only. It is not professional advice or a substitute for it. You use the Site at your own risk.
We provide the Site “AS-IS” and “AS-AVAILABLE” without warranty of any kind. We disclaim all warranties, conditions, representations, and guarantees of any kind, whether express, implied, or statutory. This includes warranties of merchantability, fitness for a particular purpose, durability, title, accuracy, or non-infringement.
To the fullest extent permitted by law, we are not liable for any direct, indirect, punitive, incidental, consequential, or exemplary damages arising out of or in any way related to your access or use of, or inability to access or use the Site, whether from errors, omissions, interruptions, defects, operation or transmission, viruses, line failure, delay in operation or transmission, or otherwise.
This includes damages for loss of profits, business interruption, loss of information or data, personal injury, third party claims, and loss of privacy arising out of or related to these Terms, your access or use or inability to access or use the Site, content on the Site, conduct on the Site by other users, or any linked third party site. This disclaimer applies even if we have been informed of the possibility of such damages and regardless of the theory or form of action (tort, contract, or otherwise).
Our total liability arising out of or related to the Site is limited to the greater of $100 or the fees actually paid by you for use of the Site during the prior 3 months. Some jurisdictions do not allow limitations or exclusions on implied warranties or consequential damages, so the above limitations may only apply in part or not apply at all.
Indemnification
You agree to defend, indemnify, and hold harmless Cryotex, our officers, directors, employees, contractors, agents, vendors, affiliates, and partners from all damages, assessments, losses, costs, and expenses of any kind (including without limitation reasonable attorneys’ fees) resulting from any third party claim arising out of or relating to your access or use of, or conduct on, the Site (including any User Content you submit, post, transmit, or make available).
Territory of Use
The Site is hosted in the United States. We make no representation you can lawfully access or use the Site outside the U.S. If you access or use the Site from outside the U.S., you do so at your own risk and initiative, and you are responsible for compliance with your local laws.
Governing Law and Disputes
These Terms are governed exclusively by the internal laws of the State of Delaware, without regard to conflicts of law rules. The federal and state courts located in Delaware will have exclusive jurisdiction over any case or controversy arising in connection with these Terms or your access or use of the Site.
You and Cryotex both agree to submit to the personal jurisdiction of these courts for the purpose of litigation all claims relating to or arising under these Terms. You agree any cause of action arising in connection with your access or use of the Site must commence within one year after the cause of action accrues; otherwise, the cause of action is permanently barred.
Modification or Termination
We reserve the right, at any time, to modify these Terms or impose fees, policies, or practices as we determine in our sole discretion. If we make any changes, we’ll provide you notice by posting the revised Terms and updating the “Last Updated” date above.
Your continued use of the Site constitutes acceptance of the revised Terms. If you do not wish to continue using the Site under the revised Terms, you must immediately stop accessing and using the Site.
We reserve the right to suspend or terminate your access to the Site at any time, without cause and for any reason, at our sole discretion. We may also disable or delete your account if we determine you have materially violated these Terms.
Your purchase history and personal information we gather pursuant to our Privacy Policy may be maintained for legal and accounting purposes after you are prohibited from accessing or using the Site.
Provisions that survive termination of these Terms for legal, accounting, or operational reasons include all representations, warranties, indemnities, releases, limitations of liability, disclaimers, dispute resolution provisions, prohibitions on certain content or conduct, choice of law, jurisdiction and venue, and definitions. No other provisions survive termination of these Terms.
General Terms
These Terms constitute the entire agreement between you and Cryotex relating to their subject matter and replace any prior or contemporaneous understandings regarding such subject matter.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any provision of these Terms is found unenforceable, that provision will be severed while the remainder of these Terms will continue in full effect.
Section headers in these Terms are for convenience only and have no legal or contractual effect. These Terms do not create any type of agency, creditor-debtor, fiduciary, joint venture, partnership, or employment relationship between you and us. You may not assign any of your rights or obligations under these Terms without our express prior written consent. We may freely assign our rights and obligations under these Terms.
Any notices regarding these Terms sent to you will be provided by email to the address associated with your account or posted on the Site. Notice from you must be sent to [email protected]. Your notices to us will be deemed given upon actual receipt. You hereby consent to receiving electronic communications from us.
If you have any questions about these Terms or our Site, please contact our Customer Support at [email protected].
These Terms were last updated on January 1, 2023.
Thank you for being a valued Cryotex customer!
