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OUR PRO CYCLING TEAM PAGE HAS MOVED TO HUMANPOWEREDHEALTHCYCLING.COM
Website Terms of Use
Last Updated: January 2023
DO NOT USE THIS WEBSITE TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
These Terms of Use are entered into by and between you, the person using this website, and Human Powered Health (collectively, “we,” “us,” or the “Company”). The Company operates and maintains this Website.
The Company offers information regarding its business and services through this platform, which includes a website, app, and portal, with a homepage located at www.humanpoweredhealth.com (“Website”). The following terms (“Terms of Use”), together with the Privacy Policy and/or any other linked documents which are incorporated by reference, are a legal agreement between you and Company and govern your use of this Website.
“You” and similar terms means you as an individual, as well as the business or entity on whose behalf you are using the Website, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity. Please read these Terms of Use carefully. By either: (i) accessing or using the Website, or (ii) clicking on the “I Agree” check box where presented, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
The Company reserves the right to make changes to these Terms of Use at any time, so you are accordingly advised to consult these Terms of Use each time you view and use the Website. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If you are dissatisfied with the Website or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Website.
The Website is offered and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Website.
NOT MEDICAL ADVICE; IMPORTANT DISCLAIMERS
The information on this Website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL, DIAGNOSIS OR TREATMENT.
To the extent that the Company, or any representative thereof, provides you with any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness, including your particular situation.
YOUR RELIANCE ON ANY INFORMATION ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITY OR LEGAL LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR QUALITY OF ANY INFORMATION ON THIS WEBSITE. We reserve the right to withdraw or amend this Website, and material we provide on the Website, in our sole discretion without notice.
IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND NOTWITHSTANDING ANY OTHER TERM HEREIN, YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ANY SITE LINKED TO OR FROM THIS WEBSITE, BE RESPONSIBLE OR LIABLE TO YOU OR ANY ENTITY IN ANY MANNER WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PERSONS WHO MAY USE OR RELY ON SUCH DATA OR MATERIALS OR TO WHOM SUCH DATA AND MATERIALS ARE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION PROVIDED IN THIS WEBSITE OR ARISING FROM ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF ANY CLAIMS OR DAMAGES.
Accessing the Website
Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable right to access and use the Website, solely and strictly in accordance with these Terms of Use.
We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access the Website through your internet connection and/or through your account are aware of these Terms of Use and comply with them.
We may block, limit or terminate your access to the Website for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Website; (iii) you engage in any conduct which we, in our sole discretion, believe is roffensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
You may need to provide certain registration details or other information to access the Website or some of the resources it offers. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current, and complete. You are responsible for the security and confidentiality of any account credentials you are permitted to create or use in connection with the Website. You shall provide the Company immediate notice if you discover the security or confidentiality of your account credentials has been compromised or your account credentials have been used in an unauthorized manner.
You agree that all information you provide to register an account, make a payment, request information, or engage in any other use of the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Third-Party Sites
The Website may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by the Company, but rather are controlled and operated by third parties (collectively, “Third-Party Sites”). In general, any website that has a URL not containing our domain name is a Third-Party Site. You may be transferred to a Third-Party Site even though it appears that you are still in the Website.
These links are provided for convenience or reference only and are not intended as an endorsement by the Company of the organization or individual operating the Third-Party Site or a warranty of any type regarding the Third-Party Site or the information contained therein. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site’s privacy policy and terms and conditions. The Company is not liable for your use of any Third-Party Site.
Appropriate Use
The Website is controlled and operated by the Company from its offices within the United States and is intended only for use by users in the United States. The Website is not intended to subject the Company or any of its support organizations to any non-U.S. jurisdiction or law. The Company makes no representation that the information or materials on or linked through the Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
You shall not use the Website for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Website; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part; (iv) remove any proprietary notices from the Website; (v) use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (vi) commit identity theft, identity misrepresentation, or identity-related fraud.
In connection with the Website, you must not: (i) transmit or otherwise make available through or in connection with the Website, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Website; (iii) use the Website in an unlawful or fraudulent manner or in a manner which could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (v) use any automatic device, process or means to access the Website for any purpose, including monitoring or copying content on the Website; (vi) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (vii)attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Website.
We reserve the right to terminate access to the Website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Intellectual Property Ownership
You acknowledge that, as between you and the Company, the Company owns all right, title, and interest, including all intellectual property rights, in and to the Website and, with respect to third-party brands or products, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products, trademarks, images, and related designs.
The Company names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its affiliates. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of the Company. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Website is the property of their respective owners.
The entire contents and design of the Website is protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website is either owned by the Company, are licensed to it, or are used with permission. The Company and its licensors, vendors or other service providers retain and reserve all proprietary rights to the contents of the Website. Permission to reprint or electronically reproduce any document, stills, audio, video footage or any other materials in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
Updates
We may from time to time in our sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Product and Service Descriptions
Prices and availability of and / or services are subject to change without notice. The Company strives for accuracy in all service-related information contained herein or referenced in the Website. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. The Company reserves the right at any time and without notice to update service information and to correct or remove service-related errors, inaccuracies, or omissions.
Transactions and Payment Information.
We may make available through the Website the ability to pay for products or services or otherwise make payments in connection with an invoice from the Company (collectively, “Transactions”).
In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant the Company the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that the Company is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
Shipping, Returns and Refunds
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 952-243-1818 or email our Returns Department at edina@humanpoweredhealth.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a restocking fee. Refunds are processed within approximately 10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Warranty Disclaimer
THE WEBSITE AND ALL INFORMATION PROVIDED VIA THE WEBSITE IS PROVIDED “AS IS” AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE COMPANY. THE COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL, DIAGNOSIS OR TREATMENT.
Transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Website.
Limitations of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO US IN THE PRECEDING 12 MONTHS FOR USE OF THE WEBSITE; OR (B) ONE-HUNDRED DOLLARS ($100).
Indemnification
You agree to defend, indemnify and hold the Company, its affiliate entities, support organizations, vendors, and service providers, and all of their owners, officers, directors employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, your use of any Website content and/or your breach of these Terms of Use.
Customer Content
The Website may allow you to share information, text, data, photographs, and other content (collectively, “Customer Content”) with us or other Website visitors and users. In sharing such Customer Content, including by posting Customer Content to the Website, you grant the Company and its affiliated entities and service providers a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download Customer Content, and forward Customer Content to others, for the purpose of providing you the Website or any other use described in our Privacy Policy. You represent and warrant that:
You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Company is not responsible or liable to any third party for the content or accuracy of any Customer Content shared or submitted by you or any other user of the Website.
The following content standards apply to any and all Customer Content and use of the Website. Customer Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Content must not:
The Company may, in its sole discretion and for any or no reason, deny any use, posting, or sharing of Customer Content, and may remove any existing Customer Content from the Website. The Company may also change these standards at any time without notice.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Copyright Policy
Reporting Claims of Copyright Infringement
The Company takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Maxwell Walker
Human Powered Health
3925 W 50th St
Edina, MN
edina@humanpoweredhealth.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Counter Notification Procedures
If you believe that material you posted on the Website was removed, or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Our designated copyright agent to receive Counter Notices is the same as our agent for DMCA Notices.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Governing Law and Waiver of Class Actions
These Terms of Use are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the State of Minnesota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING THE COMPANY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.
Miscellaneous
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms of Use, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law, without our prior written consent.
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Contact Information
If you have questions or comments about these Terms of Use, please contact us at edina@humanpoweredhealth.com.
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