Terms and Conditions
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.
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
Mobile Message Service Terms and Conditions
Last updated: [4-8-21]
The WearBands mobile message service (the "Service") is operated by Functionwear LLC(“Functionwear”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Functionwear via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (833) 414-1787 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Functionwear mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 414-1787 or email email@example.com.
We may change any telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
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.