Last updated: March 14, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the text is bold have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

* Application means the software program provided by the Company downloaded

by You on any electronic device, named RYZE+GRIND Fitness

* Application Store means the digital distribution service operated and

developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play

Store) in which the Application has been downloaded.

* Affiliate means an entity that controls, is controlled by or is under

common control with a party, where "control" means ownership of 50% or

more of the shares, equity interest or other securities entitled to vote

for election of directors or other managing authority.

* Country refers to: Ohio, United States

* Company (referred to as either "the Company", "We", "Us" or "Our" in this

Agreement) refers to The Orangewood Union LLC, 3900 Beechmont Trail,

Beachwood, OH 44122.

* Device means any device that can access the Service such as a computer, a

cellphone or a digital tablet.

* Free Trial refers to a limited period of time that may be free when

purchasing a Subscription.

* Goods refer to the items offered for sale on the Service.

* In-app Purchase refers to the purchase of a product, item, service or

Subscription made through the Application and subject to these Terms and

Conditions and/or the Application Store's own terms and conditions.

* Orders mean a request by You to purchase Goods from Us.

* Service refers to the Application or the Website or both.

* Subscriptions refer to the services or access to the Service offered on a

subscription basis by the Company to You.

* Terms and Conditions (also referred as "Terms") mean these Terms and

Conditions that form the entire agreement between You and the Company

regarding the use of the Service.

* Third-party Social Media Service means any services or content (including

data, information, products or services) provided by a third-party that

may be displayed, included or made available by the Service.

* Website refers to RYZE+GRIND Fitness, accessible from http://www.ryzeandgrind.com.

* You means the individual accessing or using the Service, or the company,

or other legal entity on behalf of which such individual is accessing or

using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the

agreement that operates between You and the Company. These Terms and

Conditions set out the rights and obligations of all users regarding the use

of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and

compliance with these Terms and Conditions. These Terms and Conditions apply

to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and

Conditions. If You disagree with any part of these Terms and Conditions then

You may not access the Service.

You represent that you are over the age of 18. The Company does not permit

those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance

of and compliance with the Privacy Policy of the Company. Our Privacy Policy

describes Our policies and procedures on the collection, use and disclosure of

Your personal information when You use the Application or the Website and

tells You about Your privacy rights and how the law protects You. Please read

Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are

legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be

asked to supply certain information relevant to Your Order including, without

limitation, Your name, Your email, Your phone number, 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

or debit card(s) or other payment method(s) in connection with any Order; and

that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the

information to payment processing third parties for purposes of facilitating

the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain

reasons including but not limited to:

* Goods availability

* Errors in the description or prices for Goods

* Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an

unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and

Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our

Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the

same condition as You received them. You should also include all of the

product's instructions, documents and wrappings. Goods that are damaged or not

in the same condition as You received them or which are worn simply beyond

opening the original packaging will not be refunded. You should therefore take

reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive

the returned Goods. We will use the same means of payment as You used for the

Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the

following Goods:

* The supply of Goods made to Your specifications or clearly personalized.

* The supply of Goods which according to their nature are not suitable to be

returned, deteriorate rapidly or where the date of expiry is over.

* The supply of Goods which are not suitable for return due to health

protection or hygiene reasons and were unsealed after delivery.

* The supply of Goods which are, after delivery, according to their nature,

inseparably mixed with other items.

* The supply of digital content which is not supplied on a tangible medium

if the performance has begun with Your prior express consent and You have

acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods

available on Our Service may be mispriced, described inaccurately, or

unavailable, and We may experience delays in updating information regarding

our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any

information, including prices, product images, specifications, availability,

and services. We reserve the right to change or update information and to

correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to

accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an

Order in the event of any occurrence affecting delivery caused by government

action, variation in customs duties, increased shipping charges, higher

foreign exchange costs and any other matter beyond the control of the Company.

In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made

through various payment methods we have available, such as Visa, MasterCard,

Affinity Card, American Express cards or online payment methods (PayPal, for

example).

Payment cards (credit cards or debit cards) are subject to validation checks

and authorization by Your card issuer. If we do not receive the required

authorization, We will not be liable for any delay or non-delivery of Your

Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid

Subscription. You will be billed in advance on a recurring and periodic basis

(such as daily, weekly, monthly or annually), depending on the type of

Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under

the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings

page or by contacting the Company. You will not receive a refund for the fees

You already paid for Your current Subscription period and You will be able to

access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel

the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information

including full name, address, state, zip code, telephone number, and a valid

payment method information.

Should automatic billing fail to occur for any reason, the Company will issue

an electronic invoice indicating that you must proceed manually, within a

certain deadline date, with the full payment corresponding to the billing

period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is

handled by the Application Store and is governed by the Application Store's

own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the

Subscription fees. Any Subscription fee change will become effective at the

end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in

Subscription fees to give You an opportunity to terminate Your Subscription

before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into

effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on

a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application

Store's refund policy will apply. If You wish to request a refund, You may do

so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free

Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for

the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You

will not be charged by the Company until the Free Trial has expired. On the

last day of the Free Trial period, unless You canceled Your Subscription, You

will be automatically charged the applicable Subscription fees for the type of

Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify

the terms and conditions of the Free Trial offer, or (ii) cancel such Free

Trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products,

services or Subscriptions.

More information about how you may be able to manage In-app Purchases using

your Device may be set out in the Application Store's own terms and conditions

or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a

In-app Purchase, that In-app Purchase cannot be cancelled after you have

initiated its download. In-app Purchases cannot be redeemed for cash or other

consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it

has been successfully downloaded, we will, after becoming aware of the fault

or being notified to the fault by You, investigate the reason for the fault.

We will act reasonably in deciding whether to provide You with a replacement

In-app Purchase or issue You with a patch to repair the fault. In no event

will We charge You to replace or repair the In-app Purchase. In the unlikely

event that we are unable to replace or repair the relevant In-app Purchase or

are unable to do so within a reasonable period of time and without significant

inconvenience to You, We will authorize the Application Store to refund You an

amount up to the cost of the relevant In-app Purchase. Alternatively, if You

wish to request a refund, You may do so by contacting the Application Store

directly.

You acknowledge and agree that all billing and transaction processes are

handled by the Application Store from where you downloaded the Application and

are governed by that Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to

contact the Application Store directly.

Intellectual Property

The Service and its original content (excluding Content provided by You or

other users), features and functionality are and will remain the exclusive

property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the

Country 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 Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are

not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the

content, privacy policies, or practices of any third party web sites or

services. You further acknowledge and agree that the Company 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 the use of or reliance on any

such content, goods or services available on or through any such 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.

Termination

We may terminate or suspend Your access immediately, without prior notice or

liability, for any reason whatsoever, including without limitation if You

breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the

Company and any of its suppliers under any provision of this Terms and Your

exclusive remedy for all of the foregoing shall be limited to the amount

actually paid by You through the Service or 100 USD if You haven't purchased

anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the

Company or its suppliers be liable for any special, incidental, indirect, or

consequential damages whatsoever (including, but not limited to, damages for

loss of profits, loss of data or other information, for business interruption,

for personal injury, loss of privacy arising out of or in any way related to

the use of or inability to use the Service, third-party software and/or third-

party hardware used with the Service, or otherwise in connection with any

provision of this Terms), even if the Company or any supplier has been advised

of the possibility of such damages and even if the remedy fails of its

essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of

liability for incidental or consequential damages, which means that some of

the above limitations may not apply. In these states, each party's liability

will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults

and defects without warranty of any kind. To the maximum extent permitted

under applicable law, the Company, on its own behalf and on behalf of its

Affiliates and its and their respective licensors and service providers,

expressly disclaims all warranties, whether express, implied, statutory or

otherwise, with respect to the Service, including all implied warranties of

merchantability, fitness for a particular purpose, title and non-infringement,

and warranties that may arise out of course of dealing, course of performance,

usage or trade practice. Without limitation to the foregoing, the Company

provides no warranty or undertaking, and makes no representation of any kind

that the Service will meet Your requirements, achieve any intended results, be

compatible or work with any other software, applications, systems or services,

operate without interruption, meet any performance or reliability standards or

be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's

provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information,

content, and materials or products included thereon; (ii) that the Service

will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or

currency of any information or content provided through the Service; or (iv)

that the Service, its servers, the content, or e-mails sent from or on behalf

of the Company are free of viruses, scripts, trojan horses, worms, malware,

timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties

or limitations on applicable statutory rights of a consumer, so some or all of

the above exclusions and limitations may not apply to You. But in such a case

the exclusions and limitations set forth in this section shall be applied to

the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern

this Terms and Your use of the Service. Your use of the Application may also

be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try

to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory

provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial

Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is

subject to the United States government embargo, or that has been designated

by the United States government as a "terrorist supporting" country, and (ii)

You are not listed on any United States government list of prohibited or

restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such

provision will be changed and interpreted to accomplish the objectives of such

provision to the greatest extent possible under applicable law and the

remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require

performance of an obligation under these Terms shall not affect a party's

ability to exercise such right or require such performance at any time

thereafter nor shall the waiver of a breach constitute a waiver of any

subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them

available to You on our Service. You agree that the original English text

shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms

at any time. If a revision is material We will make reasonable efforts to

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 those revisions become

effective, You agree to be bound by the revised terms. If You do not agree to

the new terms, in whole or in part, please stop using the website and the

Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact

us:

* By email: info@ryzeandgrind.com

* By visiting this page on our website.