Welcome to Aktion Passion. Thank you for visiting and choosing our product. By using Aktion Passion’s products and/or visiting our e commerce page and/or online website you are agreeing to all the terms and conditions described below, specifically written to foster a friendly and respectful online interaction amongst every users and/or visitor. 

Aktion Passion, LLC (collectively referred to throughout as “Aktion Passion,” “we” or “us”), offer a variety of wearable products and e-commerce website and all other current and future digital products and service offerings we make available, including any products, services, and content provided in collaboration with our partners (collectively, the “Services”).

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 15. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH AKTION PASSION AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS, WHICH IS INCORPORATED INTO THE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

Please note that by accessing or using our Services, your Personal Data (defined in the Privacy Policy and User-Generated Content (defined below) that you share with one part of the Service may also be shared among the entirety of Aktion Passion and its Services.

Please contact us if you have any questions or feedback.

1. Use of the Services and Your Account

1.1 Who can use the Aktion Passion Services

You must be at least 18 to use Aktion Passion. If you are between the ages of 13-18, you may browse our website (excluding Aktion Passion Shopping) only with both the supervision and consent of a parent or legal guardian. No individual under these age limits may use the Services, provide any Personal Data to Aktion Passion, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address.)

1.2 Your Account

The most effective way to use and to benefit from our services is to register for an Aktion Passion account. Your account may also automatically provide you access and means to use any new Services.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all of actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and/or password.

If you are a resident of the European Union: You have the right to delete your account with us by contacting our Support Team. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.

1.3 Service Updates, Changes and Limitations

The Services change frequently, and their form and functionality may change without us giving prior notice to you.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches, and other error corrections and/or new features (collectively, “Updates.”) Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any, and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we are under no obligation to provide any Updates or to continue to provide or enable any particular feature and/or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or to all of the Services without any prior/current notice or liability.

1.4 Service Monitoring and Suspension

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services we offer (including inviting a fellow user into a community or group), as well as any user’s use of or access to Personal Data, and profiles of any other users.

We reserve the right to deactivate, block, terminate or suspend your account or access to certain or all Services at any time: (1) if we, under our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, under our sole discretion, determine you have created risk and/or possible legal exposure for Aktion Passion, the general public, any third party, and/or any other user of our Services, (3) in response to requests by law enforcement and/or any other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues and/or problems. We will endeavor to notify you by email or during the next time you attempt to access your account after any such deactivation, termination or suspension.

1.5 Security

We take the security of our users very seriously. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able/capable to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your account.

2. Ownership and Use of Content

2.1 Definitions

“Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments,  interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, uploads or otherwise provides to or through the use of the Services.

2.2 Ownership

All Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to Aktion Passion and/or its partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates but grants a license of that User Generated Content to Aktion Passion. Aktion Passion and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by Aktion Passion.

2.3 Our License to You

We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and Content for your own personal, noncommercial purposes, under the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the Content or Services.

2.4 Acceptable Usage Guidelines

• 2.4.1 Content. Except as where expressly permitted by applicable law or with the authorization of Aktion Passion, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or any Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save Content, except (i) as where expressly permitted or (ii) solely/exclusively for personal use or your own personal records.

• 2.4.2 Commercial Usage of the Services. The Services are intended only for your personal, non-commercial use. You shall not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue.

We reserve the right to monitor, remove, block, and/or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies. You agree you will respect the intellectual property rights of others as well as take into consideration that this site, its features, and services foster a family-oriented environment. 

2.5 Third party information. 

If you chose to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period however we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty from third parties.

2.7 Content Retention

Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period for backup, reference, archival, or audit purposes, or as otherwise required or permitted by law. In addition, Aktion Passion and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and/or distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social as well as public conversation.  

2.8 Feedback 

If you choose to submit/post comments, ideas and/or feedback, you agree that we are free to use the ideas you submit/post without any restriction or compensation to you. By accepting your submission, Aktion Passion does not waive any rights to use similar or related feedback previously known to Aktion Passion and/or developed by our employees or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Services is not confidential and/or proprietary information.

3. Community Guidelines

3.1 Interaction in Social-Media

Some of our Services may include reviews, discussion forums, postings, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and foster interaction with one another (interaction.) You are solely responsible for your use of the Interactive tools provided by social media sites, and for any User-Generated Content you post, including the transmission, accuracy, and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public therefore you should never post any Personal Data during any Interaction.

We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, difference of opinions, opinions in general, and/or about friendly competition. We assume no responsibility and/or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. Aktion Passion is under no obligation to become involved and/or intervene and/or to monitor in and disclaims all liability related to any disputes between its users and you release Aktion Passion from all responsibility and liability arising from or in connection with such dispute.

3.2 Aktion Passion Community guidelines.

Our Services are intended to create a safe, supportive, and family oriented community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Guidelines”) when posting User-Generated Content and/or using the Services. Our Guidelines are based in many instances on principles of applicable law. Violations of our Community Guidelines accordingly may expose you to criminal charges and/or civil liability. By using the Services, you agree that your User-Generated Content and use of the Services, will not violate the Guidelines. If you violate the Guidelines, we reserve the right to terminate and/or block your access to the Services. Please observe the following:

• No Inappropriate Content. Don’t post Content that is considered generally disrespectful, stalking, threatening, hurtful, harassing, abusive, insulting, generally inappropriate, biased, shameful, defamatory, derogatory, rude and/or embarrassing to other and/or existing members of the community. Please refrain from using derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, and/or sexual orientation, and/or personal opinions and/or beliefs. Please refrain from the endorsement of violence against any person or group, even if it is couched/disguised/toned down in humor. This includes expressing stereotypes about any group or community. Please refrain from posting Content that is defamatory, obscene, pornographic, offensive, hateful, hurtful, cruel, generally considered as disgusting, inflammatory, or that promotes sexually explicit and/or cruelty explicit material. You can respectfully disagree with a message, post or topic, and we encourage healthy, intelligent and respectful interaction/discussions, but please do not attack other users by mocking, aggressively question, doxing, demand, inflame, and/or insult them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences. Please report any inappropriate content to our support team where we will thrive to remove and/or block any offender of the Community Guidelines however please note that we are under no legal obligation to get involved and/or take any type of action.

• No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay on-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread off-topic is considered hijacking. This includes posts that provoke or are intended to incite uproar, distract, offend and/or pursue a particular narrative.

• No Promotion of Unsafe Weight-Loss Techniques or Eating disorders. Use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. Accordingly, please do not contribute the following types of Content, which may be removed without warning:

• Content intended to promote potentially unsafe or controversial weight loss products or procedures, including non-medically prescribed supplements and/or Multi-Level Marketing (MLM.)

• Profiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia, and/or very low-calorie diets. This includes positive references to ana/mia, purging, and/or self-starving.

• Photos intended to glamorize extreme thinness and/or misguided/unproven/fda unsanctioned claims about weight.

• No Harm to Minors. Don’t use the Services in a way that harms minors. Any interaction with the service and/or user generated content should always take into consideration that it may be viewed by minors and/or sensitive audiences. Please remember, we aim towards a family oriented/friendly digital environment.  

• No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, man-in-the-middle attack (MTM), distributed denial of service (DDos), SQL injection, Zero-day exploit, DNS tunnelling, Business email compromise (BEC,) Drive-by Attack, Cross-site scripting (XSS,) Password attack, Eavesdroping attack, AI powered attacks,  harmful bots, automated attacks, exploitation, phishing, malware, id theft, doxing, digital viruses of any type, and/or abuse of our resources.

• No Sending Spam and Junk Mail. Don’t spam people via posts, replies, and/or messages.

• No Illegal Content. Don’t advocate, promote, and/or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).

• No Soliciting Personal Data. Please don’t post and/or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, videos, last names, email addresses and passwords in the Interactive Areas.

• No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user, moderator and/or administrator.

• No Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty owed to a third party.

• No Deceptive or Fraudulent Links. Don’t post deceptive and/or fraudulent links. This includes links with misleading descriptions, deliberately setting the wrong “source” field in a post, setting misleading click-through links on images, and/or embedding links to interstitial or pop-up ads.

• No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else’s proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it. If you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property/DMCA section of our Terms.

• No Impersonating Aktion Passion. Don’t post Content that is likely to deceive any person or be used to impersonate any person, and/or to misrepresent your identity or affiliation with any person, including with Aktion Passion. Creating an account for the purposes of deceiving other users or to work around a suspension is not permitted and will be grounds for a permanent ban from the Services.

• No Automated Querying. Do not send automated/bots queries of any sort to the systems and networks we use to provide the Services without our express written permission.

• Other. Don’t post Content that contains anything that is objectionable or inhibits any other person from using or enjoying the Services, and/or that may expose Aktion Passion and/or our users to any harm or liability of any kind. Don’t post any content that may damage, inhibit and/or dilute the goodwill associated with Aktion Passion. 

If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.

3.3 Reporting Objectionable User-Generated Content

While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to the Support Team. We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legitimacy, legality, appropriateness, and/or intellectual property rights of or relating to such User-Generated Content.

We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content and/or another user’s failure to comply with our Community Guidelines.

4. Intellectual Property/ DMCA (Digital Millenium Copyright Act.)

If you believe User-Generated Content or Aktion Passion Content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:

• Identification of the material being infringed.

• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.

• Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.

• A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.

• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.

• A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.

Your notice must be signed (physically or electronically) and must be addressed as follows:

Aktion Passion Legal.

3495 US Highway 1 STE 34

Princeton, NJ 08540

USA

jexperience999@gmail.com

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark rights.

5. Third Party Links and Services

5.1 Social Networking and Logins

You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook, Twitter, Instagram, etc (“Social Networks Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Network Services on the websites of their respective providers. As part of this integration, the Social Network Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please take into consideration that the way Third Party Services (including Social Network Services) use, store, manage and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Network Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Network Services.

5.2 Third-Party Applications

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events and/or activities (“Third-Party Apps”) via our Services. If you choose to access these Third-Party Apps, you may be requested to log-in and sync your accounts with such apps. You are in no way obligated to use any Third-Party Apps, your access and use of such apps is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, property or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Apps. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Apps.

5.3 Third Party Products

Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of our products may require you to purchase Third-Party Products (e.g., balls, footballs, bicycles, fitness equipment, baseball bats, etc.) While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.

5.4 Third-Party Services, Activities, and Events

Our Services may include the ability to discover, access or participate in certain services, activities, or events (“Third-Party Events”). By way of example and not limitation, you can use the Aktion Passion web site to access information about and register for third party volunteer opportunities. Third-Party Events are offered and provided by Third Parties, not Under Aktion Passion. Your attendance at and participation in Third-Party Events is solely at your own risk. Aktion Passion will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in any Third-Party Events initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third Party in connection with the Services. Aktion Passion is not an agent of any provider of Third-Party Activities.

7. Promotions.

7.1 Discount, Coupon or Gift Codes (promotions.)

If you have received a discount, coupon, or gift code to one of our products, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log into the applicable product and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when purchasing one of our products subject to a promotion. Discount, coupon, and gift codes cannot be combined with any other cash-off price, sales, promotion, or coupon, and cannot be exchanged, refunded, replaced, or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon, or gift code before it expires, and expired codes cannot be refunded or extended. The terms and conditions of a specific discount, coupon, or gift code may include additional restrictions on its use, including but not limited to the type of product, duration of the promotion, coupon validity dates, and/or purchase quantities. Aktion Passion reserves the right to cancel discounts and coupon promotions at any time.

8. Shopping and E-Commerce

Additional e-commerce terms and conditions may apply to Aktion Passion Shopping. Please find these terms and conditions below. We also aim to provide information about our refund, exchange, re-stocking, taxes, shipping, and related policies at or near the point of purchase. If you have questions related to Aktion Passion Shopping, please contact our Customer support team. Please review these policies prior to making purchases through Aktion Passion Shopping.

9. Physical Activities and Dietary Guidance

9.1 Customer Safety

Please consult with your healthcare provider(s) and consider the associated risks before using our products in connection with any physical activity, wellness or fitness program, and/or any dietary program or guidance. By using our products, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises, or any of the related activities made available to you in connection with our products, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different and participating in the activities promoted by our Services is done at your own risk. If you choose to participate in these activities, you do so of your own free will and own accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities; any Third-Party Activities or other events or activities that utilize our Services). We encourage you to always put safety first, look out at your surroundings when exercising and consult a healthcare provider/physician/doctor before incurring in any physical activity. 

You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking, trekking, golfing, etc.,) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services (e.g., a Third-Party Activity such as a cross fit class.) To the maximum extent permitted by applicable law, you expressly agree we do not assume responsibility for any Third-Party Activity or any other race, contest, class, tournament, athletic activity, or event that utilizes or is promoted by or accessed via the Services.

9.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by Aktion Passion, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

Not all users who may identify themselves as professional trainers or licensed dieticians are licensed in all applicable jurisdictions. Aktion Passion has no and assumes no obligation to verify that users who identify themselves as licensed trainers or dieticians are actually licensed. If you hold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not mean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Aktion Passion be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.

9.3 Not Medical Advice

We aim to provide useful general information for our community, not professional medical advice. Are products are not medical garments, and the results/effects provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via our Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if claiming to be a doctor, licensed physical therapist, trained physician, or else) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

Your use of our Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Aktion Passion and you.

9.4 Success Stories Not Typical

Success stories posted by users or Aktion Passion on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Aktion Passion has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.

9.5 Accuracy

The Services are intended to provide you with information to encourage you to support your wellness and fitness activities. By using our products/ The services, you acknowledge and agree that Aktion Passion is not responsible or liable for any undesired or inaccurate results. 

If you are a resident of New Jersey:

Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by Aktion Passion’s own fraud, recklessness, gross negligence or willful misconduct.

10. Modifications to the Terms and Product-Specific Terms

10.1 Updates to these Terms

Aktion Passion reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the Aktion Passion websites.) Modifications will not apply retroactively unless when required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of the Services.

10.2 Product-Specific Terms

We may also require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, “Product-Specific Terms” that are specific to certain Services (for example, the Commercial Tools). In such cases, you may be required to expressly consent to Product-Specific Terms. For instance, you might need to check a box or click on a button marked “I agree.” If any of the Product-Specific Terms are different than the Terms, the Product-Specific Terms will supplement, amend, or supersede the Terms, but only with respect to the subject matter of the Product-Specific Terms.

11. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, AKTION PASSION EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE PRODUCTS, SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, or free from other harmful and/or defective materials and/or elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.

12. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Aktion Passion, its subsidiaries or partners, carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether, or not Aktion Passion has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Aktion Passion, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by Aktion Passion’s own fraud, recklessness, gross negligence, or willful misconduct.

13. Indemnification

If you are a resident of the United States: To the maximum extent permitted by applicable law, you agree to indemnify and hold Aktion Passion, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, c) your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of UA’s own fraud, recklessness, gross negligence or willful misconduct.

14. Governing Law

If you are a resident of the United States: These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

15. Disputes and Arbitration, Jurisdiction and Venue

To the maximum extent permitted by applicable law, you and Aktion Passion agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.

Any arbitration between you and us, to the extent necessary, will be conducted in New Brunswick, New Jersey, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

• the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration.

• the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and

• any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:

• You are giving up your right to have a trial by jury.

• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and

• You must file any claim within one (1) year after such claim arose or it is forever barred.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New Brunswick, New Jersey, and you and we hereby submit to the personal jurisdiction and venue of these courts.

This agreement to arbitrate will not preclude you or Aktion Passion from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Aktion Passion from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Aktion Passion’s intellectual property rights.

In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.

• In addition, nothing in these Terms limits your rights to bring an action against Aktion Passion in the local courts of your place of domicile. All disputes arising under the Terms between you and Aktion Passion will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, and you and we hereby submit to the personal jurisdiction and venue of these courts.

16. International Terms

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject Aktion Passion or its affiliates to any registration requirement within such jurisdiction or location.

The names used for countries or regions in these Terms, the Privacy Policy and any associated features or documentation are based on the United Nations Terminology Database.

17. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 9 (Physical Activities and Dietary Guidance), 11 (No Warranties), 12 (Limitations of Liability), 13 (Indemnification), 15 (Disputes and Arbitration, Jurisdiction and Venue), and 17 (Survival).

18. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as, a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk”, “blocked” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

19. Contact Us

If you have any feedback, questions or comments about the Services, please contact our Support Team by email or by mail at: Aktion Passion, 3495 US Highway 1 STE 34, Princeton NJ 08540 (USA), and include the subject as “Attn: Legal - Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.

Appendix A: Aktion Passion Shopping

By shopping with us using Aktion Passion, you agree to these terms and conditions. These terms and conditions apply to all offers and agreements in connection with the online sale and delivery of Aktion Passion apparel and accessories (“AP Apparel”). Accordingly, the specific terms and conditions set forth below apply when you order any AP Apparel (i) from aktionpassion.com or of any of its digital extensions; (ii) from any site that is directly connected to aktionpassion.com; or (iii) any Aktion Passion e-commerce or shopping application (collectively, “Aktion Passion Shopping”).

(a) Account Registration

An account is not required to shop via Aktion Passion Shopping. To make online shopping faster and easier, however, you may register for an account with us on one of our websites or applications. Please confirm your email address when creating your account as we will use the email address on file to contact you. If you have an account, you will have the ability to track shipments, view past orders, and quickly access your shipping and billing information with a username and password. If you do not want to set up an account, you can still purchase from Aktion Passion Shopping as a “Guest.”

(b) Online Availability

When shopping, once you’ve selected the item you wish to purchase you can determine what color/size is in stock by first selecting the color (1.Select Color), and then the size (2.Select Size). If the size you want is not listed for the selected color, it is not available. Although Aktion Passion Shopping is designed to feature “real-time” inventory levels so that only in-stock items are visible and available for purchase, we may experience shortages of stock due to overwhelming popularity of a particular style, color or size, and cannot guarantee that items which appear to be in stock are actually available. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to call our customer service line so that we may help you find a similar product.

c) Ordering and Changes to Orders

When you place an order we will send a confirmation email to the address you have provided. If you are using your workplace email address, be aware that many corporations use spam filters to disqualify incoming automated emails, which could hamper delivery of our confirmation email to you or send it to junk mail.

The “confirmation” stage sets out the final details of your order. Following this, we will send you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Aktion Passion. Acceptance of your order and the completion of the contract between us will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have it cancelled.

Due to the close time frame between order and shipment, it is difficult to make changes once your order has been placed. However, if you contact us within an hour of placing your order and we will attempt to facilitate a change.

(e) Tax

Sales Tax and similar taxes, such as value added tax (“VAT”), are calculated using local and national rates depending on where you are located. Where VAT is applicable, you will be charged at the local rate, and it will be included in the product price.

(f) Payment

Aktion Passion reserves the right to supplement the list of acceptable forms of payment for Aktion Passion Shopping. We may require credit cards and debit cards to be issued by an institution in the jurisdiction in which you are located, and those forms of payment must be linked to a billing address in the same jurisdiction. For most jurisdictions, you must ensure that the billing address on file with the credit or debit card-issuing bank is the same billing address you enter when ordering. We do not accept personal checks, money orders or cash payments online.

Because Aktion Passion does not charge for items until they ship, we may use a pre-authorization process to reserve your products for shipment. In order to avoid unnecessary overdraft charges, a method called a “pre-authorization” is often used by banks to verify that the credit/debit card in use is valid and has sufficient funds. Please note that the transaction description will show up on your statement as “AKTION PASSION.” Most authorizations expire within five to seven days; however, the issuing bank ultimately determines the length of the authorization. The final credit or debit card charge will only reflect the value of your shipped merchandise plus applicable shipping and taxes. If you have any further questions, please do not hesitate to call our customer service team.

If you are experiencing problems with payment, please contact our customer service team-a member of our team will be happy to assist you.

(g) Delivery and Shipping

There are some locations that we cannot ship to, and we do not ship to post office boxes, so please confirm that we can deliver to you before placing your order.

The estimated delivery time and shipping costs for each order will be presented at checkout. While we make every effort to deliver goods within the estimated timelines, delays occasionally occur. Aktion Passion shall not be liable for any delay or failure to deliver goods within estimated timelines.

Aktion Passion reserves the right to require goods to be signed for by an adult aged 18 years or over upon delivery. It is not always possible for customers in one jurisdiction to purchase from Aktion Passion Shopping in another jurisdiction. Please visit our local website to see what stock is currently available to you.

You will generally receive a tracking number via email once your package has been shipped. You can also find your tracking number(s) by logging into your account and entering the Order Number from your order confirmation email to track your package. Please allow two to four business days between placing your order and using the tracking tool.

If you tracked your order on our website and received the message that your order is “in transit”, this simply means that your order is being processed for shipment, or that the tracking information has not yet been updated with the shipping carrier. It typically takes two to four business days for the carrier to receive our tracking information.

We strive to ship all items in an order together, but we reserve the right to deliver your products in separate shipments if one or more items are unavailable at the time of initial shipment. In the event that we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment. Further, each shipment will have a confirmation/tracking email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for canceling any of the other items included in that order.

Any orders that are delivered to you will become your property at the time that you receive them, provided that Aktion Passion has received full payment for the order.

(h) Cancellations, Exchanges and Refunds

The cancellation, exchange and refund policies and procedures that apply to your order may vary depending on where you are accessing Aktion Passion Shopping. For additional information about the policies that apply to a particular order, please review the policies listed in the Customer Service and Additional E-Commerce Terms section of the local website that you used to place the order.

(i) Conflicts of Terms; Governing Law

To the extent these Aktion Passion Shopping terms are inconsistent with the Terms, these Aktion Passion Shopping terms will supersede and prevail with respect to your Aktion Passion Shopping orders and use of Aktion Passion Shopping. To the extent these Aktion Passion Shopping terms are inconsistent with the terms of the local website used to place your order, the terms of the local website will supersede and prevail with respect to your Aktion Passion Shopping orders and use of Aktion Passion Shopping.

(j) Product Descriptions and Pricing

Aktion Passion Shopping aims to be as accurate as possible. However, we do not warrant that product descriptions, photographs, videos or other product related content on Aktion Passion Shopping are wholly accurate, complete, reliable, current, or error-free. If a product offered by Aktion Passion is not as described, your only remedy is to return it in unused condition for a refund.

Despite our best efforts, a small number of items may be mispriced. If the correct price of an item sold by Aktion Passion is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The prices displayed on Aktion Passion may be quoted in local currencies.

(k) Changes

Please note that, subject to applicable law, we reserve the right to change the goods advertised or offered for sale through Aktion Passion Shopping, the prices or specifications of any such goods and any promotional offers and any content available on Aktion Passion Shopping at any time and from time to time without any notice or liability to you or any other person.