Terms Cond

Terms & Conditions

for

SMITHSHAPER.com and the SQUATX Exercise App

Updated January 15, 2024



Introduction 

 

These are the Terms & Conditions for www.SMITHSHAPERcom and the SQUATX Exercise App for mobile devices. SMITHSHAPER LLC manufactures portable exercise equipment and distributes SMITHSHAPER® and SQUATX® brand fitness products on the www.smithshaper.com website. SMITHSHAPER LLC also provides the SQUATX Exercise App that enables subscribers to use their mobile device to quickly setup their own custom workout routine.


Both the SmithShaper.com website and the SQUATX Exercise App are owned and operated by SmithShaper LLC ("us", "we", or "our"). By using SmithShaper.com, the SQUATX Exercise App, or visiting the SmithShaper.com website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy.


This agreement is in effect as of January 15, 2024.


We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.


Responsible Use and Conduct


By visiting our website and/or downloading our mobile app and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

 

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. SmithShaper.com enables you to contact us via various social media accounts as well as via a Contact Us form within the SmithShaper.com website. You understand that generally we do not pre-screen or monitor the content posted or sent to us by users of social media platforms or via our Contact Us communication tool, which means that if you choose to use these tool to submit any type of content to our social media sites or our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. You agree that you will not upload, post, share, or otherwise distribute any content that:
  8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  9. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  10. Contains any type of unauthorized or unsolicited advertising;
  11. Impersonates any person or entity, including any SmithShaper LLC employees or representatives;
  12. Contains any pornographic images or language.
  13. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, pornographic, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  14. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of SmithShaper.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information you provide to register to use our Resources. If we decide to implement a registration process, all information provided as part of the registration process is already covered by our SmithShaper.com and SQUATX Exercise App PRIVACY POLICY.
  15. You agree to indemnify and hold harmless SmithShaper.com or its parent company SmithShaper LLC, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

SQUATX® Exercise App Subscriptions


A free 3-year SQUATX Exercise App subscription is available to all eligible SmithShaper customers who purchase new SMITHSHAPER® multipurpose exercise equipment from SMITHSHAPER.com or from an authorized "SmithShaper" store on Amazon.com, Walmart.com, Brookstone.com, Newegg.com, Shopify.com, or the SmithShaper Fit store on eBay.com. A coupon code for the 3-years of free app access is included in your SmithShaper package. If you've made an eligible SmithShaper purchase within the last 30 days and have lost, or cannot locate your unique discount code for the SQUATX Exercise App, please email support@smithshaper.com and, you will be provided a new unique discount code providing the original code was not already used.


SQUATX Exercise App Auto-renewal


Whether your original subscription to the SQUATX Exercise App is a one-year paid subscription or a three-year free subscription, there is an automatic renewal at the expiration each term. This agreement shall automatically renew for a period of one year at an annual price not to exceed $19.99 prior to 2026.


SQUATX Exercise App Subscription Cancelation


You can cancel your app subscription at any time through the partner site where you downloaded the app from, e.g., the Apple App Store, the Google Play Store, or the Amazon App Store. If you want to cancel your subscription to the SQUATX Exercise App, you have thirty dates from the subscription auto-renewal date to obtain a full refund of the renewal amount paid from our third-party billing apps.


Privacy


Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement and is located here: https://www.smithshaper.com/privacy


Limitation of SmithShaper.com website Warranties


By using our SmithShaper.com website and SQUATX Exercise App,, you understand and agree that all Resources we provide are "as is" and "as available." This means that we do not represent or warrant to you that:


i) the use of our Resources will meet your needs or requirements. However, we will do our best incorporate your feedback in future releases of the SmithShaper.com.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. However, you can trust that we will do our best to ensure the continued operability of the SmithShaper.com website.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from SmithShaper.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this agreement.



Limitation of Liability


In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. SmithShaper.com or the parent company, SmithShaper LLC, will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our mobile app or resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.



Copyrights/Trademarks


All content and materials available on SmithShaper.com and the SQUATX Exercise App, including but not limited to text, graphics, app name, website name, code, images and logos are the intellectual property of SmithShaper LLC and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any SmithShaper® content from SmithShaper.com or the SQUATX® Exercise App is strictly prohibited, unless specifically authorized in this agreement.



Termination of Use


You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website or the SQUATX Exercise App and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.



Governing Law


The SmithShaper.com website is controlled from our SmithShaper LLC offices located in the state of CA, United States. It can be accessed in most countries around the world. As each country has laws that may differ from those of CA, by accessing our website, you agree that the statutes and laws of CA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the state of California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.


SmithShaper is the only authorized seller of SmithShaper branded products in North America, South America, Europe, Australia, Africa, Antartica, Most of China, India, Pakistan, and the Middle East. 



SmithShaper Product Express Warranties Against Defects.


SmithShaper LLC provides Express Warranty coverage of 3 years against defects for the Squat Rider PRO model, 2 year defect protection for the Squat Rider FIT model, 1 year defect protection for the Squat Rider Home Gym Model, and 6 months protection against defects for any SmithShaper Exercise Pad, Super Pad or Squat Mat. Please keep a copy of your purchase receipt.


SmithShaper Exerciser models are for use by one person at a time and the Maximum Weight Capacity (MWC) is different for each model. The MWC for the SmithShaper PRO Exerciser Professional Strength Model SS-PRO-01 is 400 lb. / 182kg. The MWC for the 2019 SmithShaper FIT Exerciser Commercial Model SS-FIT-01 is 360 lb. / 163kg. The Maximum Weight Capacity for the 2019 SmithShaper Home Gym Exerciser Consumer Model SS002-CHG is 320 lb. / 136kg. Maximum weight capacities vary for our SmithShaper Exercise Pad / Knee Mat products.



Other Guarantees


UNLESS OTHERWISE EXPRESSED, SmithShaper.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.



Warnings:


* Remember to always consult your doctor before starting a new exercise routine.

* If you purchased the SmithShaper Squat Rider Multi-purpose Exerciser, please read the instruction manual and the product's warning label before first use of the exerciser. The device is not a toy and has wheels. Like any small device with wheels, always be sure to pick up the exerciser and place in a safe place when not in use.

* If the warning label on the rear of any SmithShaper Exerciser becomes damaged, please request a new one by email to support@smithshaper.com .

* If you purchased SmithShaper exercise pad / knee mat products, please do not leave in hot car with logo side down as ink transfer can occur but auto seats can be cleaned with any cleaner designed for specifically for the material, e.g. leather cleaner for leather seats.



Intellectual Property Rights of SmithShaper LLC


SmithShaper® and SQUATX® are US Registered trademark.  All SmithShaper® and SQUATX® brand information including all related sales and marketing materials, product listings, photos, designs, drawings, app screenshots, on SMITHSHAPER.com, SmithShaper or SmithShaper Fit online store sites, and the SQUATX Exercise App, are copyright protected - (c) SmithShaper 2015-2023 - All Rights Reserved.


SmithShaper LLC owns the exclusive intellectual property rights for the SQUATX Exercise App, SmithShaper.com, all SmithShaper products, and all unique SmithShaper and SQUATX Exercises. The SmithShaper® ASR (AB Squat Roller / Rider) and SQUATX® multipurpose exercisers are protected by U.S. Patent 9018778289. This also includes, the SmithShaper® and SQUATX® registered trademarks and brand, the SmithShaper icon, the SmithShaper logo, the functionality and all videos within the SQUATX Exercise App, SmithShaper marketing photos, SmithShaper marketing copy (marketing language), SmithShaper illustrations, marketing videos, and all SmithShaper.com logos, programming code and logic not including any third party widgets. SmithShaper LLC also owns SmithShaper.com and the SQUATX Exercise App's overall design including but not limited to user interface design, artwork, system flow, database structures, back end operations, and the app’s web services architecture.


You are not permitted to:

  • sell, transmit, host or otherwise commercially exploit SmithShaper LLC,  SmithShaper.com, or the SQUATX Exercise App
  • copy or use the SQUATX Exercise App or SmithShaper.com information for any other purposes except for personal, non-commercial purposes. Please send us a request and we may be able to grant approval for your use of any text or blog information appearing on SmithShaper.com. 
  • modify, decrypt, reverse compile or reverse engineer any version of SmithShaper.com or any version of the upcoming SmithShaper mobile application.


Contact Information


If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:


Email: support@smithshaper.com


SMITHSHAPER LLC is a California based company that was originally incorporated in the State of Georgia.in 2015.




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