1. Acceptance of Terms
Mission Competition Fitness Equipment LLC, a Texas limited liability company, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “Iron Neck,” “we”, “us”, or “our”) maintains the website www.iron-neck.com (the “Site”) to provide you with information about our products and services. All products and services oﬀered by Iron Neck are subject to the Iron Neck terms and conditions applicable to such products and services, which take precedence over the description set forth on our Site.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other User's use and enjoyment of the Services.
Iron Neck may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms of Service means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Iron Neck. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
2. Ordering Iron Neck Products
Services and Client Description
The Services are designed to provide you with information about the Iron Neck products and to give you the ability to order Iron Neck Products (an “Order”).
Creating an Account
You may view Content (as further defined below) on the Services without creating an account, but as a condition of using certain aspects of the Services, including placing an order for an Iron Neck product, you may be required to create an account using an email address (“User ID”) and password.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to firstname.lastname@example.org immediately. You agree that you are responsible for anything that happens through your account until you cancel and close your account or prove that your account security was compromised due to no fault of your own.
Iron Neck cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
To pay for an Order, you must provide Iron Neck with the information necessary to process such Order including: (i) your shipping address, (ii) your billing address, and (iii) your payment method. You then agree to pay Iron Neck the charges incurred with any Order. If you dispute any charges, you must inform Iron Neck in writing within thirty (30) of being billed by Iron Neck.
Iron Neck uses a third-party payment processor, Stripe, for any Orders made through the Site. We do not store credit card information on our servers and are not responsible for the policies or practices of the third-party processor.
We believe in the effectiveness of the Iron Neck strengthening products and we're confident you will too. That's why we provide a 30-day money back guarantee. Here is how it works:
• Try your new Iron Neck for up to 30 days.
• If you aren’t feeling results, contact us at email@example.com.
• If we can't help with a solution, we'll authorize a return for the full price of your Iron Neck strengthening products. You just pay the original delivery and return shipping fees.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites., that will affect your use of the Service (defined below) and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees.
Modifications to Service
Iron Neck reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Iron Neck shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. Iron Neck may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. You are responsible for all of your activity in connection with the Service.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
2. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by the Terms;
3. You shall not use the Services to Submit Content, or use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
4. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
5. You shall not attempt to use any method to gain unauthorized access to any paid features of the Services;
6. You shall not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
7. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Iron Neck or any third party; or that impersonates any person or entity, including any employee or representative of Iron Neck. Additionally, you shall not take any action that imposes or may impose (as determined by Iron Neck in its sole discretion) an unreasonable or disproportionately large load on Iron Neck’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Iron Neck may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
If for any reason, Iron Neck determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Site (or any portion thereof) and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
4. Termination of Usage
You may stop using the Services at any time; however, unless Iron Neck is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. Iron Neck reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions).
You acknowledge and understand that these Terms survive termination of your account, including our rights regarding any content you submitted to the website before your account was terminated. Following termination of your account, however, your license to use Iron Neck’s Content automatically terminates, and Iron Neck has no obligation to provide you with use of the Site. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
5. Third-Party Sites
The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with Iron Neck. Your dealings with third parties through links to such third-party websites are solely between you and such third parties. You agree that Iron Neck will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Iron Neck expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Iron Neck shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
6. Intellectual Property and User Content
Through the Site, App, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).
Our Content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our Content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. We shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site or on our social media pages (collectively, "Feedback") and it may share with any of its affiliates. We will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, Iron Neck will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Iron Neck, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
To the extent that you decide to post any Feedback on the Services or on Iron Neck’s social media pages, you agree not to, and shall not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your Feedback will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Iron Neck all of the license rights granted herein. Iron Neck may refuse to accept or transmit Feedback. Additionally, Iron Neck shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your Feedback.
7. Claims of Copyright Infringement
Iron Neck complies with the Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by email at support@Iron-Neck.com or by mail to 1114 W 5th St Suite 102, Austin, TX 78703. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, sufficient for Iron Neck to locate the material; your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, we have adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. We also may terminate User accounts even based on a single infringement.
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from Iron Neck, or have been otherwise advised by Iron Neck that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.
Iron Neck respects the trademark rights of others and will remove infringing materials in accordance with the Iron Neck policies. If you wish to submit a claim of trademark infringement, please notify Iron Neck by emailing us at support@Iron-Neck.com. Your email must contain the following information:
• Company name (trademark holder)
• Description of trademarked word or symbol
• Registration number and office of registration (e.g., USPTO, state registration)
• URL of infringing project
• Specific details of infringement
• Your full legal name
• Your email address
• Your title
• Company street address
• A statement that you understand that we may provide third parties, including the affected user, with a copy of this complaint
• A statement under penalty of perjury that you have a good-faith belief that the challenged material violates your rights
• A statement under penalty of perjury that the information in this complaint is true and correct and that you are the trademark owner or are authorized to act on the trademark owner’s behalf
Iron Neck may, in its sole discretion, terminate User accounts that infringe the intellectual property rights of others.
8. Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, IRON NECK AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. IRON NECK MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IRON NECK PARTIES ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
9. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL IRON NECK, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, IRON NECK’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Dispute Resolution
It is Iron Neck’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that we have not fulfilled our obligations or you may have a different type of problem or dispute that needs special attention. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Iron Neck, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the event giving rise to the issue by sending an email to: support@Iron-Neck.com or by mail to 1114 W 5th St Suite 102, Austin, TX 78703. You then agree to negotiate with Iron Neck in good faith about your problem or dispute for at least 60 days.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. Any assignment in violation of this section shall be null and void. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
12. Notice Policy and Your Consent
Under these Terms you are contracting with Mission Competition Fitness Equipment LLC, a Texas limited liability company. Notice should be addressed to Mission Competition Fitness Equipment LLC, [1114 W 5th St Suite 102, Austin, TX 78703].
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Mission Competition Fitness Equipment LLC company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give notice by means of a general notice on the Site, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
13. Geographic Limits of Service
Iron Neck make no representation that materials contained on the Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Iron Neck, are responsible for compliance with applicable local laws.
Iron Neck reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
14. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that the Services are deemed passive and do not give rise to personal jurisdiction over Iron Neck, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
15. Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and Iron Neck with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Iron Neck with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
16. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree to indemnify, defend, and hold Iron Neck, its employees, contractors, oﬃcers, and directors harmless from and against any and all liability, loss, claim, and expense (including reasonable attorneys’ fees and disbursements) arising out of or in any way connected to your access to, use of, or misuse of our website.
If you have any questions regarding these Terms, please contact us at support@Iron-Neck.com or by mail at 1114 W 5th St Suite 102, Austin, TX 78703.