Terms and Conditions of Sale

Terms and Conditions of Sale - Consumer

These Terms and Conditions of Sale (the “T&Cs”) apply to the purchase of equipment, parts, and/or software and services related to rehabilitation and physical therapy, fitness and strength training, and other related activities (each, a “Product” and collectively, the “Products”) from Core Velocity Sport Machine Trading LLC (“Core Velocity,” “we,” “our,” or “us”).

These T&Cs, along with the terms of the warranty described in our Limited Warranty included with your purchase, our Terms of Service (if you use the Product(s) or access or use our websites, including https://www.core-velocity.com and associated websites, including https://www.oxefit.com (collectively, the “Core Velocity Sites”), the Core Velocity Web Portal, and Core Velocity mobile applications (including Android and iOS) (collectively, the “Apps,” and together with the Core Velocity Sites, and Core Velocity Web Portal, the “Core Velocity Platform”) and any other agreements and policies referenced herein or therein) form a binding agreement between you and Core Velocity (the “Agreement”).

By purchasing a Product from us, you are agreeing to be bound by this Agreement. Capitalized terms not defined in these T&Cs may be defined in other portions of the Agreement. The terms and policies referred to in these T&Cs are available at https://www.core-velocity.com/terms-policies.

By registering as a member or by browsing, visiting, using or otherwise accessing the Core Velocity Platform in any way, you (as a “user”) accept and agree to be bound by the Agreement. Capitalized terms not defined in these Terms of Service may be defined in other portions of the Agreement. You must accept these Terms of Service to create an Core Velocity account or to access or use the Core Velocity Platform. If you do not have an account, you accept these Terms of Service by visiting https://www.core-velocity.com/ or accessing or using any part of the Core Velocity Platform. If you do not wish to be bound by these Terms of Service, you may not access or use the Core Velocity Platform or the Products.

Important Notice

Please read this document carefully. These Terms and Conditions (T&Cs) contain important information regarding your rights, obligations, and applicable conditions, limitations, and exclusions. If you have any questions, please contact us at Core Velocity Contact.

By placing an order with Core Velocity, you accept and agree to these Terms on your behalf, confirming that you have the authority, right, and capacity to do so. You also warrant that you are of legal age in the UAE to purchase and use Core Velocity products and to enter into this Agreement. You may not order or obtain products from us if you:

(A) Do not agree to these Terms;
(B) Are under the age of 21 or the legal age to form a binding contract in your jurisdiction;
(C) Are prohibited from purchasing or using our products by applicable law.

Who May Use the Core Velocity Platform?

To become a member and use the Core Velocity Platform, you must be at least 18 years old. You must also be at least 18 years old to form a binding contract to purchase a membership subscription.

The Core Velocity Platform and Products are intended for personal use by individuals aged 18 and up. To use the Products or access the platform, you represent and warrant that you meet the following criteria:

You have been cleared by a medical provider to participate;
If you are under 18 or considered a minor, you have permission from your parent or legal guardian, who will provide supervision;
You will follow all safety information and instructions provided in the user manual available on https://support.oxefit.com/
You will use reasonable care and safety precautions, including rest, hydration, and modifying exercises as needed.

We may, at our sole discretion, refuse access to the platform or change eligibility criteria at any time. You are responsible for ensuring that these Terms comply with all applicable laws and regulations.

A parent or guardian is fully responsible for the actions and omissions of their minor's use of the platform. Access is revoked where use conflicts with applicable laws. The Core Velocity Platform is for personal, non-commercial use only.

If you do not agree with any of the provisions of the Agreement, do not purchase Core Velocity Products.

Pricing

Core Velocity's pricing and the availability of Products may change at any time without notice. Prices specified are in UAE Dirhams (AED) and do not include taxes nor charges for shipping and handling. We will notify you of any applicable taxes as well as applicable shipping and handling charges prior to the completion of your purchase.

You are responsible for paying all applicable charges, taxes, and duties associated with your purchase and use of the Products. By making a purchase, you agree to indemnify and hold Core Velocity harmless against any fees, interest, liabilities, or penalties arising from a failure to pay such charges in accordance with UAE regulations, including VAT (Value Added Tax), currently at 5%.

If we offer the ability to make a deposit, making a deposit will secure a priority position to purchase a Product if and when it becomes available in your market. Such a deposit secures your priority to purchase a Product but does not constitute the actual purchase of a Product. Your deposit will be applied toward your purchase price, and it is non-transferable. We reserve the right to cancel any deposit made at any time at our sole discretion, and we will refund the deposit to your original payment method.

TYPOGRAPHICAL ERRORS, INCORRECT PRICING, AND ACCURACY OF COLORS

Please note that Core Velocity cannot guarantee the availability of Products. Advertising depictions, graphics, and diagrams on the Core Velocity Sites are only for illustrative purposes and may not accurately reflect the actual Products or components availability. Colors, styles, and other variations depicted are for illustration only and are subject to change. We have made significant efforts to accurately display the colors of our Products that appear on the Core Velocity Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

ORDERS

Core Velocity accepts orders for the Product(s), equipment accessories, and subscription-based memberships through the Core Velocity Platform or Core Velocity-authorized partners. We may acknowledge your order by sending you a receipt or proof of purchase to the email address you provide after your payment has been processed.

Unless otherwise specified at the time of purchase, you must pay for Products when you place the order. All Products ordered will be delivered to the shipping address you provide. If a credit card account is being used for a transaction, Core Velocity may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that

the information you provide is true, accurate, and complete,
charges incurred by you will be honored by your credit/debit card company or bank, as applicable,
you will pay the price and charges incurred by you in the amounts posted, including any applicable taxes, and
you are the person whose name the credit/debit card was issued to and you are authorized to make the purchase or other transaction with the relevant credit/debit card and credit/debit card information.

If you elect to use a third-party financing source in connection with your purchase of Products, you acknowledge and agree that Core Velocity shall in no way be liable in any way resulting from such arrangement, which shall be solely your responsibility, regardless of whether such third-party financing source is a partner, affiliate, or other “preferred provider” of Core Velocity. Further, you acknowledge and agree that Core Velocity may provide any such third-party financing source with information regarding your order and Products information, including to permit such third-party financing source to perfect a security interest in the same.

Resale Not Authorized

Resale of the Product(s) is not authorized by Core Velocity. The Products are intended for use by you in your individual capacity and not for resale to any third party.

ORDER ACCEPTANCE

We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in Products or pricing information, or problems identified by Core Velocity. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account).

SHIPPING

Currently, our Products are only intended for sale inside of the United Arab Emirates (UAE) and selected countries. Core Velocity will not ship any Products outside of these areas, and you will be solely and completely responsible for any purchase or use of the Products outside of this area.

You acknowledge that all scheduled shipment dates are estimates only. Core Velocity will make reasonable efforts to meet the scheduled shipment dates and estimated arrival and delivery that it provides; however, none of the dates provided by Core Velocity are guaranteed. In no event will core velocity be liable for, and hereby disclaims, any loss, damage, injury or penalty resulting from any acceleration or delay in shipment, arrival, or delivery.

INSTALLATION

Certain Products sold by Core Velocity require professional installation. By purchasing a Product that requires installation, you agree to allow and provide Core Velocity Professionals (“Core Velocity Professionals” refers to the technician installing the Products) access to your designated area of placement (the “Designated Location”) for purposes of installing, maintaining, repairing, uninstalling, removing, or performing related services for the Products, as necessary. The Products are designed for indoor use only. The Limited Warranty will be void in the event the Products are used contrary to their safety guidelines, including in the event the Products are not located and used in climate-controlled conditions at all times.

You represent and warrant that the Designated Location is reasonably safe and secure given the nature and type of work to be performed by the Core Velocity Professionals, and that it complies with all applicable legal health, building, occupancy, and safety laws, regulations, and standards. Core Velocity is not responsible or liable for your choice of Designated Location and is not responsible for any damage or injury resulting from the Designated Location or any installation in an improper location, such as one without adequate safety, security, structural support, or adequate or safe power supply.

RETURN POLICY

All returns of any Products, and any Products, parts and accessory orders which are refused or cancelled after shipment or production, are governed by our Return and Restocking Policy which is located at Core Velocity's Return Policy. If the Products are not performing to specifications, you may request a return of your Product(s) pursuant to the terms of our Return and Restocking Policy. Please note that returning the Product(s) may incur additional charges for damage caused by improper use, accidents, or missing components. Please contact Core Velocity at corevelocity.com/contact for more information.

TITLE AND RISK OF LOSS

Except as otherwise expressly set forth herein, title to the Products sold by Core Velocity to you, and all risk of loss of or damage to such Products, pass to and are assumed by you upon delivery to the Destination Location specified by you.

WARRANTIES AND DISCLAIMERS

As permitted by applicable law, the Products are provided on an “as-is” basis without warranties or conditions of any kind, except as expressly set forth in the Limited Warranty for the Product.

The use of the Product(s) is at your own risk. Further, you acknowledge and agree that it is your responsibility to consult with your medical provider regarding any medical condition, impairment, or disability that may prevent or limit your ability to use the Products. You further understand and agree that you are directly responsible for abiding by your personal medical provider's recommendation towards any medical restrictions, and your physician or medical provider has been specifically consulted by you and approved your use of the Products. You are solely responsible for any and all loss, liability, or damages resulting from the use or misuse of the Products, including injury, damage or loss to your person, other persons, your home, the Products, accessories to the Products, and all other items, and pets in your home. Core Velocity disclaims all and any such loss, liability, or damages.

YOUR USE OF CORE VELOCITY'S PRODUCTS

Our Products are offered and intended only for your personal use, and not for any use in any commercial setting or any commercial purpose. Use of any Products by any users (including those that may not have purchased the Products) and the access and use of the Core Velocity Platform is subject to our Terms of Service as well as any other terms presented to users during the sign-in process.

Notwithstanding anything in the Agreement, any software, data, information, or other material embedded in the Products (collectively, the “Embedded Software”) is licensed (and not sold) to you under the terms, conditions, and restrictions of the Agreement, including, but not limited to, the Terms of Service. You acknowledge that the Embedded Software and other content is protected by patents, copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, materials, and technologies existing now or developed in the future. As between you and Core Velocity, Core Velocity owns all rights, titles, and interests in and to the Embedded Software, and any and all upgrades, updates, enhancements, or improvements to any of the foregoing. You do not acquire any ownership interest in the Embedded Software under the Agreement, or any other rights to any of the Embedded Software, other than to use the Embedded Software in accordance with the license granted, and subject to all terms, conditions, and restrictions.

OWNERSHIP OF THE Core Velocity Platform.

Our ownership of the Apps and your rights to access or use the Apps is governed by the terms of the Mobile Application End User License Agreement (the “App EULA”). Without limiting anything in the App EULA, all right, title, and interest in and to the Core Velocity Platform are the property of Core Velocity, or its licensors or suppliers, as applicable. The Core Velocity Platform is protected by United Arab Emirates copyright and trademark laws.

The contents of the Core Velocity Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Core Velocity Platform (“Materials”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Service or otherwise approved in writing by Core Velocity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Materials or other proprietary information (including images, text, page layout, or form) of Core Velocity without our express written consent.

Terms and Conditions of Sale under the Agreement:

Subject to the terms and conditions of the Agreement, Core Velocity grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to use the Embedded Software, solely as embedded in the Products, solely in executable form, and solely for your non-commercial use to the extent reasonably necessary to enable you to make use of the Products. You agree not to disassemble, decompile, or reverse engineer, copy, or modify the Embedded Software, nor permit any third party to do so, except to the extent such restrictions are prohibited by applicable law.

LICENSE TO USE the Core Velocity Platform.

License. Your use of the App is further governed by the App EULA. Subject to your compliance with these Terms of Service, and subject to the restrictions set forth below, and solely for so long as we permit you to access and use the Core Velocity Platform, Core Velocity grants you a limited, non-transferable, non-sublicensable, non-assignable, non-exclusive, revocable license to access and use the Core Velocity Platform for your own personal, non-commercial purposes to the extent reasonably necessary to enable you to make use of the Products and the Core Velocity Platform. This license includes the right to view certain text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available by Core Velocity through the Core Velocity Platform (“Content”), provided you do not alter, mask, or remove any copyright, trademark, and other proprietary notices. The foregoing license will remain in effect unless you violate the Terms of Service of this license or if you or Core Velocity terminates this license.

Restrictions. Except as expressly permitted in writing by an authorized representative of Core Velocity, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Core Velocity Platform, nor will you take any measures to interfere with or damage the Core Velocity Platform. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal use of the Core Velocity Platform, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Core Velocity in these Terms of Service are reserved.

TERM; TERMINATION; ACCOUNT DELETION.

These Terms of Service begin on the date you first pay for the use of, or access to, any portion of the Core Velocity Platform and except as otherwise provided herein, continue as long as you have an Core Velocity account with us and/or continue to access or use the Core Velocity Platform.

We may, in our sole discretion, suspend, disable, or delete your account, for any lawful reason, including if we establish that you have failed to pay any amounts when due, violated these Terms of Service or that your conduct would tend to damage Core Velocity’s reputation or goodwill. If we delete your account, you may not re-register or access or use the Core Velocity Platform under any other username or profile. We may block your access to the Core Velocity Platform to prevent re-registration. If we suspend, disable, or delete your account for any reason, you must immediately cease access and use of the Core Velocity Platform, and your rights (but not your obligations and any other provisions which would typically survive) under these Terms of Service shall simultaneously terminate as well as all licenses granted by Core Velocity herein.

CORE VELOCITY’s ENFORCEMENT RIGHTS.

You agree not to do any of the following:

1. Engage in any activity that:

a. infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

b. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

c. is fraudulent, false, misleading, or deceptive;

d. is defamatory, obscene, pornographic, vulgar, or offensive;

e. promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

f. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;

g. exploits minors;

h. promotes illegal or harmful activities or substances;

i. involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;

j. impersonates any person, or misrepresents your identity or affiliation with any person or organization; and

k. gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

2. Download and/or install any third-party software and/or application on any Product (excluding assistive technologies that are necessary for your own use of the Core Velocity Platform, such as screen-readers) that is not expressly permitted by Core Velocity in writing;

3. Use, display, mirror, or frame the Core Velocity Platform or any individual element within the Core Velocity Platform, Core Velocity’s name, any Core Velocity trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Core Velocity’s express written consent;

4. Access, tamper with, or use non-public areas of the Core Velocity Platform, Core Velocity’s computer systems, or the technical delivery systems of Core Velocity’s providers;

5. Attempt to probe, scan or test the vulnerability of any Core Velocity system or network or breach any security or authentication measures;

6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Core Velocity or any of Core Velocity’s providers or any other third party (including another user) to protect the Core Velocity Platform or Content;

7. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Core Velocity Platform;

8. Attempt to access, scrape or search the Core Velocity Platform or Content or download Content from the Core Velocity Platform, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Core Velocity or other generally available third-party web browsers;

9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;

10. Use any meta tags or other hidden text or metadata utilizing an Core Velocity trademark, logo URL, or product name without Core Velocity’s express written consent;

11. Use the the Core Velocity Platform or Content, or any portion thereof, for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service or permitted expressly in writing by Core Velocity;

12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Core Velocity Platform or Content;

13. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Core Velocity Platform or Content to send altered, deceptive, or false source-identifying information;

14. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Core Velocity Platform;

15. Collect or store any personally identifiable information from the Core Velocity Platform from other users of the Core Velocity Platform without their express permission;

16. Alter, replicate, store, distribute or create derivatives from the Content available via the Core Velocity Platform except as expressly permitted in writing by Core Velocity;

17. Copy, use, index, disclose or distribute any information or data obtained from the Core Velocity Platform, whether directly or through third parties (such as search engines), without Core Velocity’s express written consent;

18. Access, use, or exploit the Core Velocity Platform in any manner (other than as expressly permitted by these Terms of Service), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Core Velocity or the Core Velocity Platform;

19. Violate any applicable law or regulation; or

20. Encourage or enable any other individual to do any of the foregoing.

Third-Party Content, Software, and Applications

The Core Velocity Platform may include content provided by third parties, such as materials from other users and third-party licensors. All statements, opinions, and responses to questions in these materials, other than those provided by Core Velocity, are solely the responsibility of the individual or entity offering them. These materials do not necessarily reflect the views of Core Velocity. We are not responsible or liable for the content or accuracy of any third-party materials.

Additionally, downloading or installing any third-party software or applications that are not expressly authorized by Core Velocity on any of our products constitutes a breach of these Terms and Conditions. Any such actions are at your own risk and may void any applicable warranty or support commitments from Core Velocity.

LINKS TO OTHER SITES.

Core Velocity makes no representations whatsoever about any other website that you may access through the Core Velocity Platform. When you access a non-Core Velocity website, please understand that it is independent from Core Velocity, and that Core Velocity has no control over the content on that website. A link to a non-Core Velocity website does not mean that Core Velocity endorses or accepts any responsibility for the content, use, or availability of the linked website, except where Core Velocity has expressly authorized such a link for reselling purposes, as is the case with www.oxefit.com. Please note that while Core Velocity has authorized the sale of products via www.oxefit.com, Core Velocity does not own the products or licenses offered by that website and makes no warranties or representations about them.

It is up to you to take precautions to ensure that whatever you select for your use or download from any third-party website, including www.oxefit.com, is free of viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any third-party website linked to the Core Velocity Platform, you do so entirely at your own risk.

HEALTH WARNING AND DISCLAIMER

Health and Fitness Information Disclaimer

The Core Velocity Platform provides health and fitness information for educational and entertainment purposes only. The Platform is not involved in the manufacturing or production of any health or fitness products. Before beginning any new fitness program, you should consult your medical provider. The information provided on the Platform should not be relied upon as a substitute for medical advice, diagnosis, treatment, or recommendations. If you have any concerns about your health, always consult with a healthcare professional. Do not disregard, avoid, or delay obtaining medical advice based on anything you may have read on the Platform

The Core Velocity Platform is not intended to provide medical or healthcare advice. Nothing stated or posted on the platform should be interpreted as the practice of medical care. Core Velocity makes no warranties, express or implied, regarding the accuracy, completeness, or appropriateness of the platform’s content. We do not guarantee that access to or use of the platform will be uninterrupted, error-free, or free of defects. The Core Velocity Platform, including all related content and services, is provided "as is" and without warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

You assume full responsibility and risk for your use of the Core Velocity Platform, related services, and any linked websites. Core Velocity does not guarantee that any files available for download are free from viruses, malware, or other destructive programming. You are responsible for implementing your own security measures to protect your data.

Medical Research and Health Advice Updates

Medical research can influence the health, fitness, and nutritional advice provided on the Core Velocity Platform. We do not guarantee that the information presented will always include the most up-to-date findings or developments. In using the platform, you affirm that you have no medical condition that would prohibit your use of the products or platform. You also affirm that you have consulted with a physician who has approved your participation.

Core Velocity reserves the right to refuse, cancel, or suspend your membership or access to the platform if we determine that you have medical conditions or if the representations above are found to be untrue. However, Core Velocity is not responsible for monitoring or notifying you of any health-related information or data obtained through the platform.

Your Information and Privacy

All information we collect through your use of the Core Velocity Platform or Products is subject to our Privacy Policy. By using the platform, you consent to the collection, use, and processing of your information in accordance with this policy.

Intellectual Property and Reporting Infringement

We respect the intellectual property rights of others and ask that our users do the same. If you believe the Core Velocity Platform contains content that infringes your copyrights or other intellectual property rights, please refer to our Intellectual Property and DMCA Policy for instructions on how to report it.

GOVERNING LAW

The Agreement and your use of the Products and access and/or use of the Core Velocity Platform is governed by and construed in accordance with the internal laws of the United Arab Emirates.

We will try to work in good faith to resolve any issue you have with the Products, if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. If for any reason we are unable to resolve a dispute, you agree to submit the dispute to binding arbitration as described in this Section. All disputes arising out of or related to any portion of the agreement (including these T&C), use of the products or any aspect of the relationship between you and Core Velocity, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration administered by

Dubai International Arbitration Centre before a neutral arbitrator instead of in a court by a judge or jury and you agree that Core Velocity and you are each waiving the right to trial by a jury.

Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. You agree that any arbitration under the agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.

Further, unless both you and Core Velocity agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

ARBITRATION AGREEMENT AND JURISDICTION

If this agreement to arbitrate is found to be unenforceable, then:
(a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms and Conditions (T&Cs) shall remain in full force and effect; and
(b) exclusive jurisdiction and venue for any claims will be in the courts located in Dubai, United Arab Emirates, or other applicable jurisdictions.

LIMITATION OF LIABILITY

To the fullest extent permitted by law:

(a) in no event shall core velocity and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages resulting from any loss in profits, goodwill, economic or pure economic losses, use of the products, loss of data, service interruption, computer damage, system failure, inability to use the products or content, or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and

(b) core velocity's total liability to you for all claims in any way connected to the products, these t&cs, or the agreement, in the aggregate, will not exceed the amount actually paid by you to core velocity over the twelve (12) months preceding the date your first claim(s) arose.

ASSUMPTION OF RISK AND WAIVER OF LIABILITY

If you purchased Core Velocity professional training services, you agree that you are voluntarily beginning a course of physical fitness and performance training instruction offered through Core Velocity, Inc. at your own risk. You expressly agree to release and discharge Core Velocity, Core Velocity staff, officers, trainers, agents, representatives, partners, affiliates, and instructors from any and all claims or causes of action and agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action for personal injury or property damage.

You understand that physical exercise can be strenuous and subject you to serious injury, including physical, mental, or emotional injury, permanent disability, property damage, and/or death. As a condition to participating in any Core Velocity personal training, use of the Products, or access or use of the Core Velocity Platform, you acknowledge that you do so voluntarily and entirely at your own risk and assume all risks of injury or death. You, on behalf of yourself, your heirs, executors, administrators, successors, and assigns, expressly agree to release and discharge Core Velocity, its staff, officers, directors, employees, trainers, agents, representatives, partners, affiliates, and instructors from any and all claims, demands, or causes of action, present and future, whether known, unknown, anticipated or unanticipated, and agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action resulting from death, bodily, mental, or emotional injury, or property damage as a result of participating in any Core Velocity personal training and/or use of the Products or access to or use of the Core Velocity Platform. You expressly and voluntarily assume the risk of personal injury or death sustained while using or as a result of using the products and/or accessing or using the core velocity platform or services whether or not caused by negligence or other fault of any entity.

In no event shall Core Velocity be liable for any direct, indirect, punitive, incidental, special, or consequential damages to life or property, whatsoever, arising out of or connected to the use, or misuse of the Products or the Core Velocity Platform or services.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Core Velocity and its affiliates, and its and their directors, officers, employees, and agents, from and against all direct or indirect claims, damages, losses, and costs that arise from or relate to:
(i) your or a third party's use of the Products in violation of the Agreement or in a manner contrary to any warnings, labels, or notices displayed on or with the Products, the Core Velocity Platform, or any related documentation;
(ii) your failure to pay all applicable charges and taxes in connection with a purchase of any Products, Core Velocity Service, or otherwise;
(iii) your use of the Products in a manner contrary to applicable law;
(iv) your violation of the Agreement;
(v) all use of the Products through your account;
(vi) any User Content submitted by you or on your behalf; or
(vii) your negligence or willful misconduct.

NOTIFICATIONS

You consent to receive all communications including notices, messages, agreements, disclosures, or other information from Core Velocity. Core Velocity may communicate by email or by posting to the Core Velocity Platform or any other method of its choosing. For support-related inquiries, you may contact corevelocity.com/contact.
For all other notices to Core Velocity, write to the following address:

Core Velocity, Inc.
Court Tower, Office 403 – Business Bay, Dubai – United Arab of Emirates

EXPORT RESTRICTIONS

You acknowledge that the Products, which may include software and other technology, are subject to the customs and export control laws and regulations of the United Arab Emirates and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured, provided, and/or received. By purchasing and/or using the Products, you agree to abide by the applicable laws, rules, and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, any software or services or technology to a foreign national or a foreign destination in violation of the law.

FORCE MAJEURE

Neither Core Velocity nor you shall be liable for any failure or delay in the provision of the Products (other than for delay in the payment of money due and payable in accordance with these T&Cs) for causes beyond such party's reasonable control and not directly caused by such party's fault or negligence, including, but not limited to, "acts of God", acts of government, pandemic, epidemic, flood, fire, civil unrest, acts of terror, strikes, failures of our service providers, failures of public utilities (including the internet), or other labor problems, computer attacks, or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility. In each case, this is applicable only if and to the extent that the non-performing party is without direct fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures, and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures, or other means.

ENTIRE AGREEMENT; SEVERABILITY.

The Agreement and the other agreements and documents referenced herein set forth the entire agreement between you and Core Velocity with respect to the Products and access and/or use of the Core Velocity Platform. If any provision of the Agreement or the application of a provision is for any reason or in any event found to be invalid or unenforceable, then the remainder of the Agreement (and the remainder of the provision, to the extent possible) will remain in full force and effect and be interpreted so as best to reasonably effect the intent of the parties.