Terms of Sale and Warranty
TERMS OF SALE AND WARRANTY
Effective as of September 26, 2022 (Effective Date)
By purchasing a product from RPM Fitness, Inc. dba: RPM Training Co. & Atom (“Company” or “RPM” or “Atom” or “we” or “us” or “our”) , you the customer (“you” or “your”) are agreeing to be bound by these terms and conditions of sale (“Terms of Sale”) and the terms of the Warranty described in the our Warranty Section 9 below included with your purchase.
Note that we reserve the right to change these Terms of Sale at any time. Please read these pages carefully and if you have any questions regarding these Terms of Sale, please contact us.
WHEN SETTING UP AN ACCOUNT AND/OR BY PLACING AN ORDER WITH THE COMPANY, YOU ACKNOWLEDGE THAT THIS IS A LEGAL AGREEMENT AND YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SALE ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT IN CONNECTION WITH YOUR PURCHASE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE ON BEHALF OF YOURSELF AND ANY SUCH ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO PURCHASE AND USE COMPANY’S PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OF SALE, YOU MUST NOT PURCHASE COMPANY’S PRODUCTS BY WAY OF OUR ONLINE STORE.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
The disclaimers, exclusions, and limitations of liability under these Terms of Sale will not apply to the extent prohibited by applicable law in the jurisdiction in which the Product order is placed. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction. Nothing in these Terms of Sale will affect those legal rights in your state, country or region that may provide consumers greater protections or additional legal rights and remedies.
- Your Use of Company’s Product
You must be at least 16 years old to use our Products. The Product is offered and intended only for your personal use, and not for the use or benefit of any third party. Minors who are at least 16 years old who can safely fit and use the Product, provided that such minor’s parent/guardian hereby consents to such use and waives and releases the Company for any such use consistent with the limitations of liability set forth in this Agreement, and further provided that such parent/guardian is present at all times during use. Our waiver terms can be found here: https://rpmtraining.com/waiver-release & https://trainatom.com/waiver-release.
Our pricing and the availability of the Product can change at any time without notice. Prices indicated are in U.S. dollars and we will inform you of any other applicable shipping charges and taxes prior to your purchase. In addition to the Product purchase price, you are responsible for paying such shipping charges and taxes. By your purchase, you agree to indemnify and hold the Company harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such shipping charges or taxes. If you are purchasing a Product outside of the U.S., your purchase may be subject to additional charges, duties and taxes (such as VAT, GST or other consumption taxes on the sales of goods outside of the U.S.). You will be responsible for paying any such additional charges, duties or taxes, and, if required, we will remit such charges, duties or taxes to the appropriate taxation authorities.
By making a deposit to us, you secure an approximate priority to purchase a Product if and when it becomes available in your market. A deposit does not constitute a purchase of a Product. Rather, it will secure your approximate priority to purchase a Product in the future. If you do ultimately purchase a Product, your deposit will apply towards your order payment. Until you purchase a Product, you may cancel and receive a full refund of your deposit at any time by contacting us at firstname.lastname@example.org or email@example.com. You understand that your deposit will not be held in an escrow or trust fund and we will not pay interest on a deposit. The deposit is not transferable or assignable to any third party.
As of the Effective Date, we offer the Products for sale in the United States, Canada and in other countries and regions. For a complete list of Product shipping destinations, please check out the Company’s website(s). We will not ship any Product outside of these designated areas, and you will be solely and completely responsible for any purchase or use of the Product outside of these areas. To the extent permitted by applicable law, we will accept no responsibility or liability associated with any loss, damage, or other injury caused by your purchase or use of the Product outside of the designated areas. You are responsible for complying with all applicable laws and regulations of the country, province, state or region to which the Product is destined or in which the Product is used. We are not liable or responsible if you violate any such laws.
Title to the Product and risk of loss will pass to you upon delivery of the Product to a carrier selected by us. You acknowledge that all scheduled shipment dates are estimates only. We will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, expense or penalty resulting from any delay in shipment or delivery.
Any estimated arrival or delivery date provided by us is not a guarantee. Although we will make reasonable effort to meet estimated delivery dates, delivery of the Product may take more or less time than estimated and we disclaim any loss, damage, liability or injury resulting from a delay in arrival or delivery. Deliveries that are refused may be returned to us, and it may take up to 45 days for returned Products to be processed for any potential refund or replacement.
If you finance your purchase through Affirm, in limited cases your Affirm loan offer may be due to expire before your Product ships. In such event, you will have the option to either (a) start making payments on your Affirm loan or (b) cancel your existing order and place a new order via Affirm or with a payment card. If you cancel your order and place a new order, your place in line will remain the same, although your Product will not ship until you place the new order. Note that if you finance the new order with Affirm, we cannot guarantee the same interest rate as your existing loan.
- Product Installation
By purchasing the Product, you agree to follow our written instructions regarding installing, maintaining, repairing, or uninstalling and removing the Product. We are not responsible for any of the foregoing activities or the choice of location of installation and is not responsible for damage or injury resulting from installation at an improper location, such as one without adequate structural support. You are solely responsible for determining whether the Product is appropriate for your home, and you accept that inability to install the Product or improper Product function as the result of your choice of location of installation are not valid claims under the Product Warranty and do not establish a basis for receiving a refund as described below. You acknowledge and agree that the certain products (e.g. pull-up bars, modular storage systems, etc.)) must be adhered to a wall and that, as a result of such installation by you, damage may occur to your wall, paint, or structure and that you are fully responsible for any such damage. We are not responsible for any such damage, nor are we responsible for any damage or injury caused by unauthorized or self-installation, maintenance, repair, or removal.
If you are not satisfied with a Product for any reason, you can return the Product to us within 30 days of delivery for a full refund, less any charges paid for shipping/delivery, but only if your Product meets the following conditions:
- The Product is still new, unworn, unwashed, undamaged, unused, with all original tags attached, and original packaging intact (and swimwear must additionally have an intact sanitary liner);
- The returned Product is not a customized Product, including engravings;
- The Product was not purchased as a sale item, and;
- The Product is not a sticker, gift card, painting or a print; each of which is non-returnable.
All Atom Kits are final sale.
All Atom Gym Equipment is covered by our warranty as noted in Section 10. If you would like to return any Atom Gym Equipment, you are responsible for the cost of return shipping and handling. Only unused equipment will be eligible for return. Equipment returned in used condition will be refused and a refund will not be issued.
No refunds will be issued 30 days after the date of delivery of the Product. Accepted returns will be refunded in the original payment method or for Company store credit. If you purchased the Product from an authorized retailer of the Company, please contact such retailer directly about its return policy. To initiate a refund and to arrange for a return, follow the instruction on our website located https://rpmtraining.com/returns-and-exchanges. If your Product is eligible for return based upon the criteria we’ve listed above, you will receive a refund of the sale price and taxes you paid for the Product, excluding any charges paid for shipping/delivery. If you financed your purchase, Affirm will refund your paid installments less any interest paid. If the Product is returned in damaged condition or with missing parts, you may be charged an additional fee. We will process the refund due to you as soon as is practical.
- Resale Not Authorized
Resale of the Product is not authorized by the Company. The Product is intended for use by you, the end user, only.
- Governing Law
These Terms of Sale are governed by the laws of the United States and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
- Arbitration Clause & Class Action Waiver
If a dispute arises between you and the Company, we would like to talk to you about it. Contact us at firstname.lastname@example.org or email@example.com. If we are unable to resolve the dispute, you agree to submit the dispute to binding arbitration as described below. Please read this section carefully as it affects your legal rights.
- Agreement to Binding Arbitration and Class Action Waiver. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SALE OR USE OF THE PRODUCT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT THE COMPANY 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 THESE TERMS & CONDITIONS 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.
- Opt-Out of Arbitration Agreement. You may opt out of this agreement to arbitrate by emailing firstname.lastname@example.org or email@example.com with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement, in which case you agree to and consent to the exclusive jurisdiction of the state or federal courts located in Santa Clara County, California to resolve any disputes under these Terms of Sale or in connection with your use of the Products.
- Arbitration Procedures. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms of Sale. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. For consumers located outside of the United States, Canada and Mexico, the arbitration will be administered under the International Chamber of Commerce (“ICC”) Rules of Arbitration (https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/) using the Expedited Procedure Provisions (https://iccwbo.org/dispute-resolution-services/arbitration/expedited-procedure-provisions/) The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA, the ICC or by the arbitrator. The arbitrator’s decision will follow these Terms of Sale and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Sale, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Sale will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- Warranties and Disclaimers
As far as permitted by applicable law, the Product and all other products and services provided by the Company are provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose unless otherwise expressly noted in the Product Warranty in Section 10 below.
Your use of the Product is at your own discretion and risk. In addition to your adoption and acknowledgment of our waiver and release, you acknowledge and agree that it is your sole responsibility to consult with your personal physician 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 solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Products solely in accordance with your personal physician’s advice.
You are solely responsible for any and all loss, liability, or damages resulting from any use of the Product, including injury, damage or loss to your person, other persons, your home, the Product, accessories to the Product, and all other items and pets in your home. The Company disclaims all and any such loss, liability, or damages.
- Product Warranty
- Who Does This Warranty Cover? This limited warranty (the “Warranty”) is issued by us to you, a consumer who purchased a new Product of the Company directly from us. The Warranty covers only you, the original product purchaser, and does not extend to any territories or countries outside the designated list of approved shipping destinations (See Shipping Section 3 above). The Warranty cannot be assigned or transferred to any subsequent purchaser or user and is not available to products that were purchased from any source other than from the Company.
- What Does This Warranty Cover? This Warranty covers defects in the Product you purchased online through your Account from us (or purchased by an authorized retailer). The Company warrants that the Product is free from defects in materials and workmanship and will, under normal and intended use, function substantially in accordance with our Product documentation and technical specifications. Proof of Product purchase is required as a condition to coverage under this Warranty.
What Is Not Covered by the Warranty? Regardless of the above, the Warranty does not cover the following:
- Wear of the Jump Rope cable. “Wear” includes, but is not limited to fraying, fragmentation, and fracture;
- Damage associated with product being dropped;
- Anodizing, paint, or finish damage including but not limited to chips, scratches, or discoloration caused by normal or improper use;
- Rust resulting from finish damage including but not limited to chips, scratches, caused by normal or improper use;
- Commercial use of the Product;
- Normal wear and tear;
- Defects or malfunctions experienced during or caused by use not in conformity with Product documentation and technical specifications;
- Damage caused by misuse, accident, neglect, abuse, alteration, improper or unauthorized modification, adjustments or tampering;
- Damage to your property, home, walls, or floors that may result from installation or removal of the Product.
- Product that has been resold;
- Damage caused by improper or incorrectly performed maintenance or repair;
- Damage caused by improper installation, relocation, or uninstallation, and;
- Product or Product parts returned without a Return Material Authorization (RMA) number.
- What Is the Warranty Period? The Warranty period is as follows, beginning from the date of purchase or delivery of the Product, whichever is later:
Jump Ropes (Session, Comp, Scout)
Jump Ropes (Sprint)
Bumper Plates (5-15lbs)
Bumper Plates (25-45lbs)
*Other Gym Equipment
Parts & Accessories under $25
*Other Gym Equipment – Pull-up Bars, Plyoboxes, Dumbbells, Sandbags, Kettlebells, Barbell Collars, Core Mats, Training Mats, Foam Rollers, Myoballs, Resistance Bands, PVC
How Do You Submit a Claim? Contact us at firstname.lastname@example.org or email@example.com to report any Product issues and open a claim under the Warranty. Our team will reach out to you to attempt to help resolve your issue.
- If your Product has a defect or malfunction covered by this Warranty, we will repair, replace, or refund the Product at our sole discretion. If we determine that a Product should be replaced, the replacement may be a new or a re-manufactured Product. We may not return the original Product to you.
- Do not return any Product to us without first receiving a Return Material Authorization (“RMA”) number and instructions for how to proceed. We may require you to furnish proof of purchase and/or comply with other requirements before receiving Warranty service.
What Law Governs the Warranty?The laws of the State of California, USA, govern this Warranty, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
- Any implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, if applicable, shall be expressly limited in duration to the period of this Warranty. This Warranty does not extend any implied or statutory warranties, conditions, or representations regarding the Product. We do not assume any liability of any kind whatsoever, including but not limited to loss of use during the period that the Product is being replaced or repaired. Further, we shall not be liable to you for any special, consequential, incidental, indirect, or punitive damages of any kind whatsoever, even if you or the Company has been advised as to the possibility of such damages, for any claims arising from or related to this Warranty statement, regardless of the form of action, whether in contract, tort (including negligence), including for product liability, lost revenue, lost profit or revenues, loss of use of the Product, cost of replacement or substitute items, or any other cause of action or legal or equitable theory.
- In no event shall our liability for any claim arising out of or related to this Warranty exceed the price paid by you for purchase of the Product, regardless of the form of action, whether in contract, tort (including negligence), product liability, or any other cause of action or legal or equitable theory.
- Some states or countries do not allow limitation of implied warranty, so the limitations in this Warranty may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and country to country. This Warranty does not affect any rights you have under the laws in your jurisdiction concerning the sale of consumer goods.
- More Questions? If you have questions regarding our Product or the Warranty, please contact us at firstname.lastname@example.org or email@example.com.
- Limitation of Liability
Nothing in these Terms of Sale and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF ENJOYMENT, LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, , OR OTHER DAMAGES WHATSOEVER IN CONNECTION WITH THE PURCHASE, USE, REPAIR, MAINTENANCE, MODIFICATION, OR MOVEMENT OF THE PRODUCT OR PARTS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR OR A THIRD PARTY’S USE OF OR INABILITY TO USE THE PRODUCT; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR YOUR DISSATISFACTION WITH THE PRODUCT IS TO STOP USING THE PRODUCT; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY FOR THE PRODUCT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS TERMS OF SALE) ARE MADE FOR THE BENEFIT OF BOTH THE COMPANY AND THE COMPANY’s AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
You agree to indemnify, defend, and hold harmless the Company 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 your or third-party use of the Product or your violation of these Terms of Sale.
- Data Protection
We may provide notifications to you as required by law or, if you have opted-in, for marketing or other purposes using your primary email associated with your Account, by U.S. mail, or by posting of such notice on the Company owned website(s). We are not responsible for any automatic filtering you or your network provider may apply to email notifications.
These Terms of Sale do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. If any provision of these Terms of Sale is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Sale and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Sale without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Sale without restriction. No waiver by either party of any breach or default under these Terms of Sale will be deemed to be a waiver of any preceding or subsequent breach or default. Failure or delay by us to enforce any of these Terms of Sale will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Sale shall be construed as if followed by the phrase “without limitation.” These Terms of Sale, including any terms and conditions incorporated herein, is the entire agreement between you and the Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter. Without limitation, a printed version of this these Terms of Sale shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an act or event beyond our reasonable control, including acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Last Updated: September 26, 2022