Skelcore® User Agreement
Welcome to Evolution Group USA, LLC’s Skelcore® website. Evolution Group USA, LLC (“EVO”) provides website features and products and services to You when You visit or shop at skelcore.com (the “Website”) and use Skelcore® products or services, including software and features provided by the EVO in connection with the Websites to which this User Agreement is attached, including without limitation the website at www.skelcore.com (collectively, the “Skelcore Services”). EVO provides the Skelcore Services subject to this Agreement between You and EVO, (EVO or “We”, “Us”, or “Our”).
By viewing, accessing or using Our Website, You agree to the terms of this Agreement. THIS IS A BINDING CONTRACT that We first posted on about February 23, 2022.
This Agreement contains the complete and entire understanding and agreement and supersedes any previous communications, representations, or verbal or oral agreements related to Your use of Skelcore Services. Our Privacy Policy and Intellectual Property Agreement and Notices are incorporated into this User Agreement.
Each provision of this User Agreement shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of this Agreement.
Sometimes additional terms apply to certain Skelcore Services, in which case You also will be subject to the guidelines, terms and agreements applicable to that Skelcore Service. If this Agreement is inconsistent with the terms for a particular Service, the terms for that Service will control. EVO may modify this Agreement or additional terms any time in its discretion by posting changes on the Internet.
These modifications are effective when We post them. You agree no other notice is required. You agree to regularly check the Website for updates to this Agreement, including checking these terms each time You log onto the Website.
Your continued use of the Skelcore Services following any changes to this Agreement constitutes Your acceptance of the changes.
IF AT ANY TIME YOU DO NOT AGREE TO OUR SKELCORE USER AGREEMENT OR INCORPORATED POLICIES OR TO OTHER TERMS OF SERVICE ON OUR WEBSITE, YOU MUST IMMEDIATELY CEASE USING OUR SERVICES.
Operator of the Skelcore® Website and Provider of the Skelcore Services.
This Website is owned by Evolution Group USA, LLC and is hosted by Shopify, Inc.
Terms & Conditions
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In order for You to use Our Website, We give You certain limited rights. The content of Our Website is protected by United States and international laws, including intellectual property laws like copyright and trademark laws. Since We own or license the rights conveyed by these laws, which are reflected in the content on the Website, WE GRANT YOU A LIMITED, REVOCABLE, NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS THE SKELCORE SERVICES TO MAKE PERSONAL AND NON-COMMERCIAL USE OF THEIR CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SKELCORE SERVICES OR CONTENT OF THE WEBSITE. Our intellectual property rights and
information, and Your obligations regarding them, can be found in Our incorporatedIntellectual Property Agreement and Notices
Except as authorized in this Agreement, no copies of the Skelcore Services (including the Website) or any part thereof may be made by or for You. You agree that You will not alter, publish, copy, cut, modify or transform the content, or any component of the content of this Website, in any form to any storage medium, known or unknown, for any purpose, except as authorized by us in advance in writing. You agree not to make any commercial use of any Skelcore Service or content without express written consent from EVO, including not collecting and/or using product or service information, descriptions, or prices, not creating any derivative use of any Skelcore Service or content, not to download or copy instructor or customer information for the benefit of another merchant, and not to use robots, data mining, or similar data extraction or gathering tools. You agree not use any meta tags or any other “hidden text” including or derived from Our copyrights, names or trademarks. You agree not misuse the Skelcore Services and only to use those Services as permitted by and in compliance with all
applicable laws. All rights not expressly granted to You are reserved and retained by EVO and its licensors.
The license granted in this Agreement terminates automatically if You fail to comply with any term of this Agreement or the additional terms of any Service. EVO may deny You access or terminate this license if We reasonably believe that You are not abiding by the terms of this Agreement, or for any other reason in Our sole discretion. You may be legally responsible for trademark or copyright infringement if You fail to abide by the terms of this license.
You acknowledge and agree that all content associated with the Skelcore Services is Our property, protected under copyright and trademark laws.
You agree that all right, title, and interest in and to the Skelcore Services and content, including associated intellectual property rights, are and shall remain with EVO and its licensors. You agree not to take any action inconsistent with Our rights and not to challenge them.
If You believe Our content infringes Your copyright, please follow Our Copyright Complaint procedure.
You agree to provide current, complete and accurate purchase, delivery, and account information for any Skelcore Services. You agree to promptly update Your account and other information, including Your email address and payment method details so that We can complete Your transactions and contact You as needed.
You may submit suggestions, ideas, comments, questions, information, reviews, photos and other content or communications to Us in connection with or separate from Your access to Our Website. In some cases, You may also add, post or provide content. In all cases, You agree not to provide or submit anything or use Our Website for any action, that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone in Your use of Our Website. You agree that We alone have discretion to determine what is objectionable.
If You do submit anything to Us or post any content, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display whatever You sent Us throughout the universe, perpetually, in any media, and without any obligation to compensate You in any form. You also grant Us and Our sublicensees or assigns the right to use Your name in connection with the content, at Our (or their) option. You represent and warrant that You own or otherwise control all of the rights to what You submit or post, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify and hold Us harmless for all claims and/or losses resulting from Your supplying Us that material (including for anything We do with it).
We take no responsibility and assume no liability for any content resulting or derived from Your submission or posts or those of any third party. Likewise, we do not monitor or maintain links or content provide by third parties (or even by us). If You click on a third party link or any content that takes You away from our Website or Our Service (whether or not we put the link there), You may be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services, including those we provide links to in Our Service and those posted by others. In all cases, You acknowledge and agree that We are not responsible for any content, including, user generated content, that purports to give advice, including fitness, medical, health, equipment use or installation, or other advice.
Skelcore reserves the right at its sole discretion, but has no obligation, to block or remove (in whole or part) any User Generated Content posted or transmitted by You and which Skelcore believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to Skelcore. Skelcore reserves the right, but has no obligation, to suspend or terminate user accounts or user IDs and to take technical and legal steps to prohibit access to the Site if we think that those users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms and Conditions or our policies. Skelcore reserves the right to cancel unconfirmed user accounts.
The content of Our Website is provided on an “as is” and “as available” basis without any warranties, express or implied. By accessing the content of Our Website, You agree to release EVO and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from all claims, damages, costs and expenses of every kind (including reasonable attorneys’ fees) (“Claims”) that directly or indirectly result from Your use of the Skelcore Services or the content of Our Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SKELCORE SERVICES AND OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO RELEASE AND WAIVE ANY CLAIMS AGAINST EVO AND THAT EVO WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING FROM YOUR USE OF ANY SKELCORE SERVICES OR FROM ANY INFORMATION, ADVICE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SKELCORE SERVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Certain state laws may not allow limitations on warranties or exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, waivers, releases, exclusions, or limitations may not apply to You.