Terms of Use

These Terms of Use (together with the documents referred to in them) set forth the terms and conditions on which you may make use of any website which contains myzone.org or myzonemoves.com in the domain address (our “Site”), whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site. Please read these Terms of Use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference. To use our online store you must be of legal age (at least 18 years old) and competence. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site and hereby bind such business to these Terms of Use. By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Site.

Other Applicable Terms

These Terms of Use include the following additional terms, which also apply to your use of our Site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
  • Our Important Information, which sets out the terms to which you must consent upon registration of a MYZONE® physical activity belt.

If you purchase products on our Site, in addition to the terms herein, the Terms and Conditions of Sale of the online store from which you purchase products will apply to any such purchase. The Terms and Conditions of Sale are an agreement between you and the supplier as stated therein.

Information about Us

Any website which contains myzone.org, myzone.shop, myzone.fitness or myzonemoves.com in the domain address is a site operated by Myzone Limited (“we”, “our” or “us”).  We are registered in the Isle of Man under company number 006566V and have our registered office at Falcon House, Ridgeway Street, Douglas, Isle of Man IM1 1EL, British Isles.  Our VAT number is GB 003 3395 15.  We are a limited company.

Changes to these Terms

If we modify these Terms of Use in a material way and you have an account with us, we will provide you with notice of the modifications when you next log in to your account. We will also post any modified version of these Terms of Use on our Site. If you have an account with us, you will be required to accept the modified Terms of Use to continue to use our Site.

If you do not have an account with us, your continued use of our Site following the posting of a modified version of the Terms of Use will mean you accept that modified version. If the modified Terms of Use are not acceptable to you, your only option is to stop using our Site. You should check this and other relevant pages from time to time in order to make yourself aware of any changes we make, because you will be bound by our policies and terms and conditions in force at the time you visit or use our Site.

Changes to Our Site

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

Accessing Our Site

You have a limited, non-exclusive, non-transferable, non-sublicensable right to access our Site on a temporary basis. We may revoke your right to access our Site at any time for any or no reason. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Termination

We may terminate these Terms of Use for convenience at any time. Upon termination of these Terms of Use, all rights you have to access our Site will immediately terminate.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at headoffice@myzone.org. You are entirely responsible for any and all activities that occur under your account. We will not be liable for any loss, damages, liability or expenses (including legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.  The content of our Site is protected by copyright laws and treaties around the world.  We are the owner or licensee of all trademarks associated with our products. All such rights are reserved. Except as expressly permitted by these Terms of Use, no portion of the information or content on our Site may be reproduced in any form or by any means without our prior written permission.

No Reliance on Information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely, does not constitute medical or other professional health advice and is not intended to address the circumstances of any particular individual. Consult a physician or other health professional if you have questions regarding your health or the use of our products. Descriptions of products on this Site will not constitute product labelling. You should use products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase. The cartons and labels may contain additional disclaimers and limitations of liability, and by using the products you accept such disclaimers and limitations of liability. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

DISCLAIMER

EXCEPT FOR THE PRODUCT WARRANTY SET FORTH BELOW, THIS SITE, THE CONTENT ON THIS SITE AND ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EXCEPT FOR THOSE IMPLIED BY STATUTE THAT CANNOT BE EXCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT OR PROMISE THAT THIS SITE OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS SECURE OR FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR PROMISES REGARDING THE CONTENT ON THIS SITE IN TERMS OF THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. WE DO NOT REPRESENT, WARRANT OR PROMISE THAT THE PRODUCTS OR SERVICES PURCHASED ON THIS SITE WILL BE DEFECT-FREE OR DELIVERED IN ANY MANNER OR WITHIN ANY TIMEFRAME. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR PROMISES WITH RESPECT TO THE PROCESSING OF ANY PAYMENT YOU MAKE; ALL PAYMENTS FOR PRODUCTS SOLD ON THIS SITE ARE MADE TO THE SUPPLIER OF THE PRODUCTS. A THIRD PARTY SUCH AS PAYPAL MAY PROCESS YOUR PAYMENT, AND WE DISCLAIM ALL RESPONSIBILITY ASSOCIATED WITH SUCH PAYMENT PROCESSING.

LIMITATION OF OUR LIABILITY

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR DISTRIBUTORS (COLLECTIVELY “WE”, “US” AND “OUR” AS USED IN THIS SECTION), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR GOODWILL, THAT RESULT FROM OR RELATE TO (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) CONTENT ON THE SITE; (C) ANY LOSS OR DAMAGE CAUSED BY A VIRUS OR OTHER MALICIOUS CODE, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT; (D) THE AUTHORIZED OR UNAUTHORIZED USE OR DISCLOSURE OF DATA STORED ON OR THROUGH THE SITE; (E) THE CONDUCT OF OTHER USERS OF THE SITE; (F) THE LOSS OF DATA ON THE SITE OR OUR SERVERS; OR (G) PRODUCTS OR SERVICES AVAILABLE ON OR PURCHASED THROUGH THE SITE. OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SITE OR UNDER THESE TERMS OF USE WILL NOT EXCEED $50.00 (USD). THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS APPLY TO ALL CLAMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, STRICT LIABILITY OR OTHERWISE.

We assume no responsibility for THIRD-PARTY content ON OUR SITE OR CONTENT ON A WEBSITE linked TO ON our Site OR thaT LINKS TO OUR SITE. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

THE TERMS AND CONDITIONS OF SALE BETWEEN YOU AND THE SUPPLIER OF PRODUCTS INCLUDE ADDITIONAL DISCLAIMERS AND LIMITATIONS ON LIABILITY. PLEASE READ THE TERMS AND CONDITIONS OF SALE CAREFULLY. THE TERMS AND CONDITIONS OF SALE IS AN AGREEMENT BETWEEN YOU AND THE SUPPLIER OF PRODUCTS. WE ARE NOT A PARTY TO THE TERMS AND CONDITIONS OF SALE UNLESS STATED OTHERWISE THEREIN. WE WILL NOT BE LIABLE IN ANY WAY FOR PAYMENT PROCESSING OR THE UNAUTHORIZED USE OR DISCLOSURE OF YOUR PERSONAL OR FINANCIAL INFORMATION BY THE SUPPLIER OF PRODUCTS, PAYPAL OR ANY OTHER THIRD PARTY, UNLESS STATED OTHERWISE IN THE TERMS AND CONDITIONS OF SALE. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY.

THESE LIMITATIONS OF LIABILITY WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF OUR SITE.

Indemnity

You agree to defend, indemnify and hold us and our affiliates, and our and our affiliates’ owners, directors, officers, employees, agents, suppliers, licensors and distributors (the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, liabilities or expenses (including attorney fees) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Use by you; or (b) arising from, related to, or connected with your use of or access to our Site, products or services, your violation of any term of these Terms of Use, your violation of an applicable law, or your violation of any third-party right, including without limitation any copyright, property or privacy right. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense.  Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our express written consent. This defense and indemnification obligation will survive the termination of these Terms of Use and your use of our Site.

Uploading Content to Our Site

Whenever you make use of a feature that allows you to upload or post content to our Site, or to make contact with other users of our Site, you must comply with the Content Standards set out in our Acceptable Use Policy. You warrant that any such contribution complies with those standards, and you will be liable to us and defend and indemnify us for any loss, damage, liability or expense (including attorney fees) we suffer as a result of your breach of such warranty. This defence and indemnification obligation will survive the termination of these Terms of Use and your use of our Site. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of our Site.

Any content you upload or post to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

All comments, feedback, suggestions, ideas, and other submissions that you upload, disclose, post, submit or offer to us in connection with your use of or related to the Site or products (collectively, “Comments”) will become our exclusive property. Your submission of a Comment constitutes a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. We are not and will be under no obligation to hold any Comments in confidence or respond to any Comments. You represent and warrant that you have the right to submit your Comments, and you are and shall remain solely responsible for your Comments.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the Content Standards set out in our Acceptable Use Policy.

The views expressed by other users on our Site do not represent our views or values.

Viruses

We do not guarantee that our Site will be secure or free from bugs or from viruses or other malicious code.

You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our Site other than that set out above, please Contact Us.

Third Party Links and Resources in Our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Waiver

No failure or neglect by us to enforce at any time any of these Terms of Use shall be construed or deemed to be a waiver of our rights hereunder or in any way affect the validity of the whole or any part of these Terms of Use or prejudice our rights to take subsequent action. No waiver of any term of these Terms of Use will be binding unless in writing.

Force Majeure

Under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.

Terms and Conditions of Sale

If you purchase products on our Site, your purchase of the products is subject to the Terms and Conditions of Sale between you and the supplier of products. We are not a party to the Terms and Conditions of Sale (unless stated otherwise therein), and we disclaim all responsibility related to the sale of our products or the Terms and Conditions of Sale (unless stated otherwise therein). Our only obligation in any way related to products purchased on our Site is to comply with the product warranty below.

Applicable Law; Arbitration

Except where prohibited by applicable law or provided otherwise herein, these Terms of Use shall be governed by the laws of the Isle of Man, British Isles without regard to its conflict of law provisions.

If you are a consumer in the British Isles, please note that these Terms of Use, their subject matter and their formation, are governed by the laws of the Isle of Man, British Isles. You and we both agree that the courts of the Isle of Man will have non-exclusive jurisdiction. However, if you are a resident of England and Wales you may also bring proceedings in England or Wales, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business (except businesses in the United States), these Terms of Use, their subject matter and formation (and any non-contractual disputes or claims) are governed by the laws of the Isle of Man, British Isles. We both agree to the exclusive jurisdiction of the courts of the Isle of Man.

If you are a United States resident, these Terms of Use and your use of the Site are governed by the laws of the State of Illinois, USA, without regard to choice of law provisions, except to the extent that federal law applies. Any claim arising out of, relating to or connected with these Terms of Use must be asserted in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. One arbitrator will conduct the arbitration. The arbitrator will not conduct any form of class or collective arbitration or join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including any claim that all or any part of these Terms of Use is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, if we reasonably believe that you have violated or threatened to violate our intellectual property rights or if you use the Site in violation of these Terms of Use, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction without first proving actual damages or posting a bond.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US OR RELATED THIRD PARTIES.

We make no representation that materials on this website are appropriate or available for use in other locations, 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.

Trade Marks

MYZONE, the MYZONE logo and MYZONE MOVES are registered trademarks of Myzone Limited.

The trademarks, logos and service marks (“Marks”) on this website are the property of MYZONE. You are not permitted to use the Marks without the prior written consent of MYZONE.

Miscellaneous

The Terms of Use constitute the entire agreement between you and us, and supersede any prior agreements between you and us on the subject matter. You will not transfer your rights or delegate your obligations in these Terms of Use. We may transfer our rights or delegate our obligations in these Terms of Use. These Terms of Use bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms of Use may only be modified by a writing executed and delivered by the party to be charged. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms of Use will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation”, unless expressly stated otherwise.  If an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the arbitrator or court should endeavour to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE SITE, PRODUCTS OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM ARISES OR IT WILL BE FOREVER BARRED.

Contact Us

Please email headoffice@myzone.org.
Thank you for visiting our site.
Last updated: October 5, 2016