The Driven Rower Terms of Service
Updated: April 29, 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://thedrivenrower.com website (the “Service”) operated by The Driven Rower (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability; errors in the description or price of the product or service; error in your order; other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice.
Availability, Errors and Inaccuracies
The Driven Rower and its suppliers continually upgrade and revise products and services to provide you with new products and services. The Driven Rower may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. The Driven Rower shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, The Driven Rower reserves the right to substitute items of equal or greater value when an item or service is unavailable, or The Driven Rower may cancel the order.
The Driven Rower may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. We attempt to be as accurate as possible and eliminate errors at The Driven Rower, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. Products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. In the event of an error, whether on The Driven Rower website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.
Contests, Sweepstakes and Promotions
To make a purchase on The Driven Rower, you must be a registered Driven Rower User and comply with these Terms and Conditions. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. The Driven Rower sells its products only to those users who can legally make purchases with a credit card or other acceptable payment methods offered by The Driven Rower. The Driven Rower reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. When you create an account with us, you guarantee the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Subscription: Purchase of “Subscription” grants monthly access to this service.
Gold: Purchase of “Gold” grants 365 days of access to this service from original purchase date.
Silver: Purchase of “Silver” grants 365 days of access to this service from original purchase date.
Consultation: Purchase of services under “Consultation” grants 365 days of access to this service from original purchase date.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Coaching sessions are subject to availability, and we reserve the right to cancel all or part of a coaching session and to discontinue making certain coaching sessions available through our Services without prior notice.
The Driven Rower will not issue refunds for Membership Services, Development Services, Guidance Services, or any other The Driven Rower Product and/or Service once your order is confirmed.
If you experience any issues regarding access to purchased services and/or products, please contact us at the information listed below.
The Service and its original content, features and functionality are and will remain the exclusive property of The Driven Rower and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Driven Rower.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by The Driven Rower.
The Driven Rower has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that The Driven Rower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless The Driven Rower and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall The Driven Rower, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Driven Rower its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
The information contained on https://thedrivenrower.com website (the “Service”) is for general information purposes only. The Driven Rower assumes no responsibility for errors or omissions in the contents on the Service.
In no event shall The Driven Rower be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service.
The Driven Rower reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
The Driven Rower does not warrant that the Service is free of viruses or other harmful components.
The Service offers health and fitness information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Service. The use of any information provided on the Service is solely at your own risk.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Phone: (412) 225-6819