Terms & Conditions

TERMS AND CONDITIONS

TENAYA INDUSTRIES, LLC, AND PUSHX3

The PushX3 product featured on this Web site is designed and distributed by Tenaya Industries, LLC, 365 E Avenida De Los Arboles, Ste B, #333, Thousand Oaks, CA 91360, which is registered to conduct business in California, USA. Our aim is to provide a high-quality fitness product to enhance the exercise experience.

For purposes of these terms and this Web site, references to “we,” “our,” and “us” mean Tenaya Industries, LLC, and/or the PushX3 product and/or any other related products designed and distributed by us. References to “you” and “your” mean the user of this Web site and/or of the PushX3 product and/or any other related products designed and distributed by us.

 

Agreement to be Bound.


The following conditions, together with the relevant information set out on this Web site, are subject to the terms and conditions set forth below. Please read them carefully as any of use of this Web site or the PushX3 product and/or any other related products designed and distributed by us constitutes an agreement to be bound thereby by the user.

By agreeing to these terms and conditions, you represent that you are at least eighteen (18) years or older or you have parental or guardian consent or are an emancipated minor.

These terms and conditions are subject to the Privacy Policy, which also governs your use of the Web site.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms and conditions.

 

Modifications and Changes to Terms and Conditions.


We may modify, add to, suspend or delete the terms and conditions or Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site and the PushX3 product and/or any other related products designed and distributed by us after modification, addition or deletion of the terms of service or the Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition or deletion.

Modifications and Changes to the Web Site.


We may modify, add to, suspend, or delete any aspect or service offered by us on the Web site, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

Modifications and Changes to the Product and Pricing.

The price for the PushX3 product and/or any other related products designed and distributed by us is subject to change without notice.

We reserve the right at any time to modify or discontinue any product (or any part or content thereof) without notice at any time.


Accuracy, Completeness and Timeliness of Information.


We are not responsible if information made available on this Web site and in the packaging and product materials is not accurate, complete or current. You acknowledge that such materials are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the material on this Web site or in the packaging and product materials is at your own risk.


Prohibited Use of the Web site.


In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the Web site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site, other websites, or the Internet. We reserve the right to terminate your use of the Web site for violating any of the prohibited uses or for any other reason at our sole and exclusive decision.


Prohibited Use of the Product.


In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the PushX3 product and/or any other related products designed and distributed by us in any way that is harmful to yourself or others, inherently dangerous, or unreasonable.

Failure to read and abide by the product safety warnings may result in severe bodily injury or death. These warnings include but are not limited to the following:

PushX3 is intended to be unstable and freely rotate. Before beginning your first workout, become familiar with this instability and rotation by performing the Knee Modification of the Regular Push-up Position as shown in the sample exercises in the product materials. Start out using PushX3 SLOWLY and progress SENSIBLY. Even if you are an experienced exerciser, start with the easier modification positions (e.g., Knee Modification) of the exercises and become familiar and comfortable with them before moving on to more advanced positions and modifications.

USE EXTREME CAUTION when using PushX3 on low-friction surfaces as the product may slip and/or slide and cause you to suffer severe bodily injury or death. Start out using PushX3 on high-friction surfaces (e.g., carpet or a rubber mat.) and progress to lower-friction surfaces (e.g., hard wood flooring or tiles) only when you are fully capable of doing so without injury.

DO NOT USE PushX3 on low-friction surfaces or attempt advanced positions or modifications until you are fully capable of doing so without injury.

DO NOT USE PUSHX3 IF YOU WEIGH OVER 275 lbs/125 kg.

PushX3 may cause damage to the surface(s) upon which it is used; PushX3 disclaims all liability for such damage.

When using PushX3 ensure that you have plenty of clearance space. It is important to keep children, pets, furniture and other objects away from your workout zone when using your equipment. You should have a clear space at all times around your immediate workout area of a minimum of 10 ft. The failure to ensure sufficient clearance area can result in severe bodily injury or death to the user and/or any children, pets, or others around the workout area as well as property damage to any furniture and/or other objects around the workout area. DO NOT put hands, feet, or any foreign objects on or near PushX3 when it is in use by others.

Consult your physician before using this product or starting any exercise program or regime. Fitness training can result in severe bodily injury or death. Consult your physician to assist you in determining the target heart rate zone appropriate for your age and physical condition. Certain exercise programs or types of equipment may not be appropriate for everyone. If any of the following apply to you, a physician’s advice and consent is absolutely essential before using PushX3 as part of your exercise program:

• You are under the age of 18 or over the age of 35 years old;
• You are NOT an experienced exerciser or frequent participant in a regular fitness program;
• You are a pregnant woman or expect to become pregnant while using PushX3;
• You have preexisting health problems or wrist, elbow, shoulder or other joint and muscle impairments or injuries; and/or
• You are taking medication that may affect your heart rate.

Handicapped, physically disabled, and/or physically recovering people must have medical approval before using PushX3 and should be under close supervision when using any exercise equipment.

Warm up before any exercise program by doing 5 to 10 minutes of gentle aerobic exercise, such as walking, simple movements, and stretching.

Breathe naturally during your exercise (i.e., do not hold your breath) and avoid over-training. If you experience any pain or tightness in your joints, muscles, and/or chest; an irregular heartbeat; dizziness, nausea, and/or shortness of breath; stop exercising at once and consult your physician immediately.

Use PushX3 only for the intended use as described by the manufacturer. DO NOT modify the equipment or use attachments not recommended by the manufacturer as doing so may cause severe bodily injury or death.

Only one person at a time should use PushX3.

Before each use, visually inspect the equipment. Never use PushX3 if it is not working properly or if there are visibly-damaged or worn parts as doing so may cause severe bodily injury or death.

DO NOT store the product in direct sunlight or near direct heat sources. Extreme cold may also affect structural capacity; therefore, do not store or use in extreme cold conditions as doing so may cause severe bodily injury or death. Do not use a product that has been stored in direct sunlight, near a direct heat source or in extreme cold conditions.

Wear appropriate clothing when working out; clothing should be comfortable and lightweight, allow freedom of movement, but not have excess material that can be caught or become tangled in equipment or any other material. Wear comfortable athletic shoes made of good support with non-slip soles (e.g., gym shoes). Socks should not be worn when using PushX3.

PushX3 IS NOT INTENDED FOR USE BY CHILDREN. To prevent injuries, keep this and all fitness equipment out of the reach of children, and follow these basic rules:

• Discuss the dangers of exercise equipment with your children.
• Keep children out of areas where you have your exercise equipment.
• Store exercise equipment in an area that can be locked and secured.
• Know exactly where your children are when you engage in a fitness activity.
• Do not wear headphones while you work out if children are present.

PushX3 should be cleaned with a soft, damp cloth and warm soap and water. No harsh chemical cleaning products should be used as they may damage the structure and load-bearing capacities of the product.


Product Information.


For questions about the PushX3 product and/or any other related products designed and distributed by us or information available on the Web site, please email customer service.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Web site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product will be corrected.


Right of Refusal, Limitation, and Discontinuation.


We reserve the right to refuse to sell or ship a product to anyone for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We reserve the right to limit the available quantities of the PushX3 product and/or any other related products designed and distributed by us for any reason at any time at our sole discretion.

We reserve the right to discontinue the PushX3 product and/or any other related products designed and distributed by us or any related product at any time.

Any offer for the PushX3 product and/or any other related products designed and distributed by us made on this site is void where prohibited.


Purchaser Responsible for Accurate Billing Information.


You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


Shipping Policy.


The prices displayed on this Web site are quoted in U.S. dollars and are valid and effective only within the United States. Such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

Shipping costs are non-refundable.


Return Policy.


Should you wish to return your order, please notify us within fourteen (14) days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the product. No returns will be accepted if no notification is received within fourteen (14) days of purchase.

Refunds may take up to fourteen (14) days to process. In the event you should not receive a refund as anticipated first contact the appropriate financial institution to which the refund is expected to post. If, after speaking with you financial institution you continue to experience problems with your anticipated refund, please contact us.

All returns should be sent to the following after authorization from Online Retailer:

PushX3
365 E Avenida De Los Arboles, Ste B, #333
Thousand Oaks, CA 91360

You acknowledge that you will be solely responsible for paying for your own shipping costs for any returns. Original shipping costs are non-refundable. We do not guarantee receipt of a returned item and encourage you to use a shipment tracking service.


Exchange Policy.


Should you wish to exchange your order, please notify us within fourteen (14) days of purchase. Exchanges will only be accepted for defective or damaged products. We only replace items if they are defective or damaged upon your receiving the product. If your exchange is approved, we will process an exchange upon timely receipt of the product to be exchanged. No exchanges will be accepted if no notification is received within fourteen (14) days of purchase.

All exchanges should be sent to the following after authorization from Online Retailer:

PushX3
365 E Avenida De Los Arboles, Ste B, #333
Thousand Oaks, CA 91360

You acknowledge that you will be solely responsible for paying for your own shipping costs for any exchanges. We do not guarantee receipt of an item returned for exchange and encourage you to use a shipment tracking service.


Gift Exchange/Return Policy.


In addition to the above provisions, the following provisions apply to gift returns and exchanges:

If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item was not marked as a gift when purchased, or the gift giver had the order shipped to him/herself to give to you later, we will send a refund to the gift giver once the returned item is received.


Use of Third-Party Tools.


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Web site (including, the release of new tools.) Such new features and/or services shall also be subject to these terms and conditions.


Third-Party Links.


Certain content, products and services available via our Web site may include materials from third-parties.

Third-party links on this site may direct you to third-party Web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Web sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


Transmittal of Sensitive Information.


You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

For more information as to how your sensitive information is treated, please see our Privacy Policy.


Disclaimer of Liability.


TENAYA INDUSTRIES, LLC, AND/OR PUSHX3 MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TENAYA INDUSTRIES, LLC, AND/OR PUSHX3 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT ALLOWED BY LAW, ALL WARRANTIES NOT EXPLICITLY STATED HEREIN ARE DISCLAIMED.

YOU ACKNOWLEDGE THAT WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE WEB SITE OR THE PUSHX3 PRODUCT AND/OR ANY OTHER RELATED PRODUCTS DESIGNED AND DISTRIBUTED BY US.

NEITHER TENAYA INDUSTRIES, LLC, AND/OR PUSHX3 SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

IN NO EVENT SHALL EITHER TENAYA INDUSTRIES, LLC, AND/OR PUSHX3, ITS AFFILIATES, OFFICERS, MANAGERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL EITHER TENAYA INDUSTRIES, LLC, AND/OR PUSHX3, ITS AFFILIATES, OFFICERS, MANAGERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PUSHX3 PRODUCT AND/OR ANY OTHER RELATED PRODUCTS DESIGNED AND DISTRIBUTED BY US OR YOUR USE THEREOF WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


Intellectual Rights.


This Web site contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Web site for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Web site.

We expressly reserves all copyright and trademark in the Web site and in all documents and information on its Web site and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

The PushX3 is patented and has other patents pending. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the PushX3 product and/or any other related products designed and distributed by us.


Entire Agreement.


This constitutes the entire agreement between the parties concerning the terms and conditions of use of this Web site.

Other terms and conditions, including usage guidelines and warnings, for the PushX3 product and/or any other related products designed and distributed by us may be contained in the packaging of the product itself.


Severability.


If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.


Arbitration.


You agree that any dispute concerning, relating, or referring to this Web site or the PushX3 product and/or any other related products designed and distributed by us shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in California, USA. Such proceedings will be governed by and in accordance with substantive California law.

The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. You expressly waive any right to a jury trial and appeal from the arbitration decision.

Should there by any dispute concerning, relating, or referring this Web site or the PushX3 product and/or any other related products designed and distributed by us and/or any other related products designed and distributed by us, you agree and acknowledge that all parties will be responsible for their own attorneys’ fees and costs.
Forum Selection.

These terms and conditions shall be governed and interpreted pursuant to the laws of the California, by mutual agreement of the parties hereto and the Federal and State Courts in California, shall have exclusive and sole jurisdiction over any dispute, controversy or suit arising relative to these terms and conditions. You expressly waives any and all objections to any dispute, controversy or suit arising out of these terms and condition being adjudicated exclusively in the State or Federal Courts in the California, USA, and you further consent not to bring any suit arising out of these terms and conditions in any other jurisdiction and any and all litigation must be brought only in Courts in California, USA, to the exclusion of litigation anywhere else in the world.


Contacting Us.

If you have any questions about this agreement, please write to us at:

PushX3
365 E Avenida De Los Arboles, Ste B, #333
Thousand Oaks, CA 91360

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