Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
By purchasing from Diamondback Fitness, you agree to the following policies including (but not limited to):
Release of Liability
By purchasing and/or using this exercise equipment from Net Media Group, LLC d/b/a DiamondBack Fitness (“NMG”), the Purchaser or User, on behalf of his or her self, and his or her successors, heirs, survivors, family, and permitted users, hereby waives any and all past, present or future claims, causes of action, damages, losses and expenses as to NMG, its owners, members, employees, managers, and/or affiliated entities (“Released Parties”), to the fullest extent permitted by law, for any injury, accident, medical condition, death or other occurrence resulting from, arising out of, or related to the use of the equipment purchased from NMG. The purchaser and/or user further agrees to indemnify, hold harmless and defend Released Parties from any such claims, causes of action, damages, losses and expenses.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Diamondback Fitness’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: Modify or copy the materials; Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); Attempt to decompile or reverse engineer any software contained on Diamondback Fitness’s website; Remove any copyright or other proprietary notations from the materials; or Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Diamondback Fitness at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Diamondback Fitness’s web site are provided "as is". Diamondback Fitness makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Diamondback Fitness does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Diamondback Fitness or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Diamondback Fitness’s Internet site, even if Diamondback Fitness or a Diamondback Fitness authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Diamondback Fitness’s web site could include technical, typographical, or photographic errors. Diamondback Fitness does not warrant that any of the materials on its web site are accurate, complete, or current. Diamondback Fitness may make changes to the materials contained on its web site at any time without notice. Diamondback Fitness does not, however, make any commitment to update the materials.
Site Terms of Use Modifications
Diamondback Fitness may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Diamondback Fitness’s web site shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.
Pricing
We reserve the right to change our pricing at any time without notice. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund via the method of original payment less any shipping fees incurred.
Product Descriptions
Diamondback Fitness and its affiliates attempt to be as accurate as possible. However, Diamondback Fitness does not warrant that its product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Diamondback Fitness itself is not as described, your sole remedy is to return it in unused condition in its original packaging for a refund of the purchase price. You must contact us for a return merchandise authorization number (RMA) prior to returning your merchandise. Many of the images include water bottles and other items that may NOT be included unless expressly implied otherwise. If you are not 100% sure about the contents of a specific package, please contact us prior to purchasing for confirmation.
Promotional Offers
Promotional offers can not be used in conjunction with any other offers or discounts. Clearance sales are while inventory last. Sale prices are only honored during promotional period or while supplies last during the promotion.
Links
Diamondback Fitness has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Diamondback Fitness of the site. Use of any such linked website is at the user's own risk.