GENERAL TERMS

By accessing this Website or by using you are agreeing to be bound by these Terms and Conditions of Use together with our and all applicable laws and regulations.

If you do not agree with any of these terms, you should not use or access this Website. The materials contained on this Website and in are protected by applicable intellectual property laws.

INTELLECTUAL PROPERTY

The WearBands Technology is protected by multiple US and International Patents and Pending Patent Applications. All content included on the Website is the copyright property of Functionwear LLC.

DISCLAIMER OF WARRANTIES & LIABILITIES

The materials on the Website and is provided on AS IS and AS AVAILABLE basis with NO WARRANTY of any kind. Functionwear LLC (Functionwear) makes no warranties, express or implied, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Functionwear does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any sites linked to this site. No advice or information obtained by you from Functionwear or through the Website shall create any warranty.

By accepting these Terms and Conditions of Use, you agree that the use of Functionwear products, the WearBands website alone or in conjunction with Functionwear products, even if used as instructed is only offered suggestively and cannot result in any liability to Functionwear. For example, users given instructions as to the use of a Functionwear product or performance of a set of exercises remain liable for any damage or injury to themselves, others, or to the exercising environment.

LIMITATIONS ON DAMAGES

In no event shall Functionwear or its suppliers be liable for any loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials on WearBands’ Website, the Functionwear products, or any reliance placed by you on the completeness, accuracy or existence of any advertising on our Website, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website, any permanent or temporary inaccessibility of the Website, deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Website.

These limitations on Functionwear liability to you shall apply irrespective of whether Functionwear has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Functionwear may only be liable for a sum equal to the fees paid by you for any Functionwear good or services.

REVISIONS AND ERRORS

Functionwear does not warrant that any of the materials on its Website are accurate, complete, or current. Functionwear may make changes to the materials contained on its Website at any time without notice.

LINKS AND USER SHARING

Functionwear has not reviewed all of the sites linked to its Website and is not responsible for the content or any goods or services that may be accessed, shared, or offered through any such linked site. The inclusion of any link does not imply any endorsement by Functionwear of the site. Use of any such linked website is at the user’s own risk and you understand and agree that Functionwear is not responsible for the terms of use, privacy policies, or security practices of any linked sites or third party services, including, without limitation, the accuracy of content or availability of any goods or services on linked sites or third party services. 

Mobile Message Service Terms and Conditions

Last updated: [10-5-21]

(a). When you opt-in to the service, we will send you an SMS message to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. (d). If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. (e). We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to info@wearbands.com.

If you have any questions regarding privacy, please read our privacy policy: https://wearbands.com/policies/privacy-policy

MODIFICATIONS

Functionwear may revise and update these Terms and Conditions of Use of this Agreement at any time without notice. By using this Website, and continuing to access the Website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

GOVERNING LAW

Any claim relating shall be governed by the laws of the State of Maryland without regard to any choice of law or conflict of law provisions. You covenant that any court of competent jurisdiction shall have sole and exclusive jurisdiction over any claim or controversy arising from either the Terms and Conditions of Use or Privacy Policy, and venue shall be proper in any such court. If you access the Website from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Functionwear makes no representation that materials on this site are appropriate or available for use in locations outsides of 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.

INTEGRATION

These Terms and Conditions of Use along with the Privacy Policy constitute the entire understanding and agreement between you the user and Functionwear.

SEVERABILITY

If part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of either the Terms of Use or Privacy Policy which shall remain in full force and effect.

PRIVACY POLICY

Functionwear respects your privacy, and is committed to reasonable measures to safeguard any personal information you may share with us. We have provided an explanation in detail on how we fulfill this commitment and urge you to read our Privacy Policy.