ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES CUSTOMER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Welcome to the Clench website (the "website"). Innomax, LLC, d/b/a Clench Fitness (“Clench”) provides services to customers subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when customers use any of our services (e.g., Customer Reviews), the customer will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this website and these terms and conditions at any time.
By accessing, browsing, or otherwise using this website, customers represent and warrant that customers are at least 18 years old or visiting the website under the supervision of a parent or guardian.
Content provided on this website is solely for informational purposes. It is customer's sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that the customer is well enough for physical activities.
Submissions or opinions expressed on this website are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this website of products that are not manufactured by Clench Fitness are that of the vendor and are not made by us.
This website contains offers by Clench Fitness to sell the products and/or services described herein and are expressly conditioned upon customer’s assent to these terms and apply to this sale or be binding upon. Clench Fitness objects to any terms or conditions which are in addition to or different from these terms and conditions. By accepting this offer, the customer agrees to and accepts all of these terms and conditions; any additional or different terms or conditions contained in any document sent by a customer to Clench Fitness shall be of no effect. Acceptance hereof shall occur when customer (i) accesses, browses, or otherwise uses this website (ii) receives any product from Clench Fitness, whichever occurs first. This document constitutes the entire Agreement between Clench Fitness and customer. It shall be governed by and be construed according to its terms and the internal Laws of the State of Wisconsin. Any provision hereof prohibited or unenforceable under applicable laws shall be ineffective only to such extent and without invalidating the remaining provisions of this document. No order may be canceled or altered by customer except upon Clench Fitness' prior written consent.
DELIVER, CLAIMS AND DELAYS. All products are sold F.O.B. from shipping point and customer shall bear all risk of loss or damage in transit. Clench Fitness may deliver products in installments with each installment to be separately invoiced and paid for when due. Delay in delivery of any installment shall not relieve the customer of its obligation to accept and pay for any other deliver. Any delivery not in dispute shall be paid for regardless of any controversies relating to other products. Claims for shortages or other errors in delivery must be made in writing to Clench Fitness within thirty (30) days from date of invoice. Failure to give such notice shall constitute customer's unqualified acceptance of deliver any waiver of any such claims. Clench Fitness shall not be liable for any damage resulting without limitation, act of God, act of the customer, embargo or other government act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, inability to obtain necessary labor, materials, or manufacturing facilities.
PAYMENT. All prices are subject to change without notice. Payment for products ordered from Clench Fitness is due prior to shipment or delivery of any product or service.
TAXES AND OTHER CHARGES. Any tax, fee or charge of any nature whatsoever imposed by any governmental authority shall be paid by customer in addition to the prices quoted or invoiced.
LIMITED WARRANTY, Clench Fitness warrants that products actually manufactured by Clench Fitness shall be built in a workmanlike manner of sound material. Any such product which proves defective in material or workmanship within 30 days after shipment shall be repaired or replaced at Clench Fitness' option, but Clench Fitness' liability shall not exceed the price paid to Clench Fitness by customer for the product. This remedy shall be customer's exclusive remedy for breach of Clench Fitness’ warranty. Customer shall give Clench Fitness written notice of any alleged defect within 10 days after discovery by customer. Upon request, customer shall return the allegedly defective item, F.0.B., transportation charges prepaid.
THE FOREGOING WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL CONTRACT OR TORT LIABILITY AND ALL OTHER WARRANTIES OR RIGHTS OF REJECTION. EXPRESS OR IMPLIED BY LAW, EQUITY, CONTRACT, CUSTOM, USAGE OR COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CLENCH FITNESS SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES WHATSOEVER.
EXCEPT AS OTHERWISE SET FORTH ABOVE, INCLUDING WITHOUT LIMITATION THE PRODUCT DESCRIPTIONS OF SPECIFIC PRODUCTS, THIS WEBSITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS WEBSITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO CUSTOMER FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
INDEMNITY. Customer shall, at no expense to Clench Fitness, indemnify, defend and hold Clench Fitness harmless against any and all losses, damages and expenses (including punitive damages, multiple damages, attorney fees, and other costs of defending any action) that Clench Fitness may incur as a result of any claim made against Clench Fitness by any person including, without limitation, customer, its successors, assigns and customers, actually or allegedly, arising in any way out of any of the products or services furnished hereunder by Clench Fitness or out of any products manufactured or sold by customer, including without limitation, any claim which in whole or in part actually or allegedly arises out of (a) Clench Fitness' negligent or other wrongful act or omission, (b) danger or defect in any product or service sold by Clench Fitness to customer or (c) infringement by Clench Fitness of any patent, copyright, or trade secret relating to any design work or to any products made by Clench Fitness or customer.
NO WAIVER. No provision hereof and no breach of any provision hereof shall be deemed waived by any previous waiver or such provision of any breach thereof, by any previous custom, practice or course of dealing or by Clench Fitness' failure to object to provisions contained in any communication or order from customer.
Please direct any questions related to the Terms and Conditions to us at the email address listed below: