Effective Date: July 01, 2019
Last Updated: July 01, 2019
Welcome to FlexPumpShoot.com!
Who We Are
The Site is owned and operated by Alpha Fitness Gear LLC, a California limited liability company, and it and its and its subsidiaries and affiliates shall be referred to herein as “the LLC.” Please forward any comments or concerns about the Site to the LLC at [email]
The term “Site” as used herein is meant to include https://flexpumpshoot.com/ and all the pages and subpages included therein.
The term “Content” means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind that can be found on the Site.
The term “Services” means all resources (including Content) provided via or available on the Site at any time.
You will be referred to herein as “You” or “User.”
THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS.
All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of AFG and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of AFG and protected by U.S. and international copyright laws. AFG and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
License and Access
The Site is intended only for use by individuals 18 years of age or older. By using this Site, You represent and warrant that You are of legal age to form a binding contract and You meet all of the foregoing eligibility requirements. You agree and affirm that you are accessing and viewing AFG’s Site, Content and Services from a location and jurisdiction where the access and use of the Content and Services is not otherwise prohibited by law. If you do not meet all of these requirements, you must not access or use the Site. AFG does not assume any responsibility or liability for any misrepresentations regarding a User’s age.
About this Site and its Content and Services
All Content displayed on the Site is understood by AFG to be protected by the First Amendment and other constitutional provisions and state constitutional provisions. You acknowledge that the Site may offer Content that could be deemed “adult” or “erotic” in nature. Additionally, you are on notice that some of the Content presented on the Site may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit activities. You acknowledge that you are aware of the nature of the Content provided by the Site, that you are not offended by such Content, that you access the Site freely, voluntarily, and willingly. You also acknowledge that this Site is intended to contain only images protected under the law.
The Site is for your personal use and shall not be used for any commercial endeavor – except those specifically endorsed or approved by the Site.
This Site is not responsible for the accuracy, usefulness, fitness for a particular purpose, safety, or intellectual property rights of or relating to any Content or Services. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Site and its owner with respect thereto, and agree to indemnify and hold the Site, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Additional Restrictions and Limitations
- Users are prohibited from using this Site to conduct or seek information about or engage in any activity prohibited by law.
- You agree not to act in a manner that negatively affects other Users’ ability to use the Site, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing in any manner, including but not limited to derogatory comments related to sex, sexual orientation, gender identity, race, ethnicity, class or physical or mental ability, stalking, invasive of another’s privacy, or that is otherwise objectionable;
- You agree not to interfere with the Site’s functionality, including but not limited to:
- You agree not to use use communication tools to send unsolicited advertising, promotions or spam; to harass or abuse other users; to contact users after explicit requests to not do so; or to interfere with transactions or business of another user.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses This Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, for purposes that include but are not limited creating user accounts r to otherwise Interfere with or disrupt the Content or Services or servers or networks connected to the Content and/or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
- You agree not to upload, post, or otherwise transmit links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of This Site.
- You agree not to circumvent, disable or otherwise interfere with security-related features of This Site, including features that prevent or restrict use or copying of content or enforce limitations on use of This Site or the Content therein.
- You agree not to collect or harvest any personally identifiable information from This Site.
- You agree not to solicit, for commercial purposes, any users of This Site or individuals appearing in the Content and agree not to send, create or reply to “mailbombs” (emailing copies of a single message to many users) or engage in “spamming” (unsolicited emailing for business or other purposes).
- You agree that you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site or its Contents, and not to use any automatic device or manual process to monitor or reproduce the Site, or use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it.
- You Agree not to complete orders or transactions outside the Site’s purchasing/ordering system. This is considered fee avoidanceand may result in the suspension or termination of your account. All orders on the Site must be placed through the Site’s purchasing/ordering system.
- You will not use the Service to infringe on any privacy right, property right, or other civil right of any person, and specifically, agree not to initiate any contact whatsoever with the models that appear in the Content or otherwise are displayed on the Site.
- Use of the Site to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your account and/or Membership to immediate termination and possibly other legal action
- You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or contain defamatory statements; or racist, obscene, offensive or other language which is not in accordance with your local laws and community standards;
- You will not use the Service to distribute, promote or otherwise publish any material that constitutes or contains solicitation of funds, advertising or solicitation for goods or services;
Your access to the Service is for your own personal use only.
- You may not allow others to use the Service using your account(s) and you may not transfer your account(s) to any other person;
Accessing the Site
To access the Site or its Content it has to offer, you may be asked to provide certain registration details or other information. It is a condition of Your use of this Site that all information you provide will be correct, current, and complete.
If the Site or its owners and administrators believes the information you provide is not correct, current, or complete, The LLC has the right to refuse you access to the Site and to terminate or suspend your access, including your Membership, at any time.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your user name or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us at: [email].
You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Site will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Site or others due to such unauthorized use.
If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. In the event you use our Site over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
You understand and agree that you, as the User, are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
You agree and consent to receive email messages from us which may be administrative, and which may contain promotions or special offers from us or third party partners.
Intellectual Property and Limited, Conditional Use License
This Site and the aforementioned names of the Sites are service marks and/or trademarks of The LLC and its owners and affiliates. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The Site’s marks, logos, domains, and trademarks may not be used publicly except with express written permission from The LLC and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Site. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Site or vice versa.
The Site, Content, Services, and other materials available on or through the Site is owned, authored, created, purchased, or licensed by Alpha Fitness Gear LLC (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Site.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Site and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
The Site provides embeddable features which you may incorporate into your own websites for use in accessing the Content on the Site. You may not modify, build upon or block any portion or functionality of the embeddable features in any way, including but not limited to links back to the Site.
The Content and Services, including but not limited to the software, music, sound, videos and other material available on this Site, are the property of Alpha Fitness Gear LLC. You agree not to duplicate, download, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit/share the Content, including but not limited to the materials, videos, and other intellectual property from the Site (or any third party providers).
DMCA Notice of Copyright Infringement
The LLC takes claims of copyright infringement seriously, as it respects the intellectual property of others and require that Users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The LLC’s Designated Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on a SITE;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
Austin Law Group
1811 Mission Street
San Francisco CA 94103
Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly disclaimed.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on this Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The copyright owner’s name will be published on the Site in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. All the information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way.
Notice and Takedown Procedures
The LLC implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement.
The LLC reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Site or any Content claimed to be infringing or based on facts or circumstances from which infringing activity is apparent
If the Site allows you to download or otherwise copy Content, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to these specific terms and conditions (the “Download License”). Under this Download License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Site and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.
Fees and Return Policy
You acknowledge that the Site reserves the right to charge for its content and Services and to change its fees from time to time, in its discretion.
If you believe that you have been erroneously charged, please notify The LLC immediately of such error, and the following shall apply:
- If the LLC does not receive written notice from you within thirty (30) days after such alleged billing error is incurred by You, such payment and fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You hereby agree to release Alpha Fitness Gear LLC from any and all liabilities and claims of loss resulting from any billing error or payment discrepancy that is not reported to us in writing within thirty (30) days of the fee being incurred.
- Timely receipt of a request to review the alleged billing error will result in review by the LLC, and a determination as to the veracity of the allegation within a reasonable time.
You, the User, will be solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s or Member’s access to the Internet, and (3) pay any fees relate with such connection.
Monitoring and Enforcement; Termination
The LLC has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site;
Without limiting the foregoing, the LLC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Site.
YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You use the Site at your sole risk. We provide the Site “as is” and “as available”. To the fullest extent permitted by law, the Site, its Site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the site and goods or services purchased and obtained through the Site, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the Site.
We make no warranty or representation about the accuracy or completeness of this Site’s Content or the content of any sites linked to this Site or that the Site will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the site or our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site or our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site or our services. The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or our Services or any hyperlinked services or featured in any banner or other advertising, and, the Site will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
ALPHA FITNESS GEAR LLC, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ALPHA FITNESS GEAR LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ALPHA FITNESS GEAR LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
- IN NO EVENT SHALL ALPHA FITNESS GEAR LLC, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE’S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT ALPHA FITNESS GEAR LLC, SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- THE SERVICE IS CONTROLLED AND OFFERED BY ALPHA FITNESS GEAR LLC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. ALPHA FITNESS GEAR LLC MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Modifications and Interruption to Service
The LLC reserves the right to modify or discontinue the Site with or without notice to users and shall not be liable to user or third party should The LLC exercise its right to modify or discontinue the Site or any part of the Service. You accept that The LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Insofar as the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only and the resources and services provided by third-parties are not under the control of The LLC. You agree that the Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such third-parties, or as the result of their presence on the Site.
No Agency Relationship
2257 Compliance Statement
18 U.S.C. §2257 Records Keeping Requirements Compliance Statement
Any record required to be kept pursuant to the above referenced regulation are maintained properly and in compliance.
All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual image was produced. Records required by Title 18 U.S.C. §2257 are on file with the appropriate Records Custodian.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2)(A) (i) through (iv), 2) they do not portray conduct as specifically listed in 18 U.S.C. section 2257A, 3) they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.
All records required to be maintained by federal law are in the possession of Custodian of Records: ______________________________________ during normal business hours at ______________________________________________ (9 am – 5 pm Monday to Friday). This location information supersedes all prior locations recorded for this business.