Terms and Conditions

These terms and conditions apply to products and services provided by Ace Chrome, registered at 408 Club Pkwy, Unit 408, Norcross, GA 30093, United States (“Company” or “we” or “us”) through the website www.home-cardio.com (“the Website”).

These terms and conditions are in addition to the Privacy Policy statement and apply to the sale of any our product and services. Please read these terms and conditions carefully before purchasing our products and services and print off a copy for your records.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the paid content on the Website, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Fees” means the fees paid by you to Company for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Services” means the provision of various Health and Lifestyle products together with such other services as agreed from time to time and purchased by you through the Website.

“Website” means www.home-cardio.com.

“you” means the individual entering the Website and/or purchasing the Services.

2. The Services

2.1. A description of the Services together with the prices and terms of the packages are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification from your purchase and completion of any of the Services.

2.4 Our services use third-party resources and services. In this sense, we use third-party payment processors.

3. Ordering Services

Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password. Please be responsible for the security of your credentials for the account. Any person with your login and password will be treated by us as authorized user.

3.2. In order to have access to the Services you should purchase one of the subscription packages as specified on the Website. The packages and the prices may be amended by us from time to time.

4. Cancellation and Variation

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you we formed a legally binding agreement with you.

4.2. If you want to cancel your subscription, please contact our support team through your account by email [email protected]. The subscription will be cancelled from the next subscription period.

5. Fees & Refund

5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them. According to the subscription plan the Fees will be charged automatically in the beginning of each subscription period. In general, we offer trial 1 day period option for $1.00 and monthly renewal packages ($59.99)

5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes.

5.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full, so please check that you have balance on your account.

5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Company shall not be responsible for these.

5.5. Payments will be processed by our third-party payment service providers. Please refer to their Terms and Conditions and Privacy Policy to find out more about the terms of payment services provided. We recommend to keep your billing information up to date to enable recurring charges.

5.6. For all MasterCard transactions ONLY, within 1 day, you will receive an email requiring your response to activate the monthly auto-ship program. If you are happy with the Product, you are required to consent to the monthly auto-ship program in order to receive additional product.

6. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

7. Disclaimer. Liability

7.1. Your visit, access, registration with or use of the Website in any way is done at your own risk. The Website, the success or performance of the Website and all information, communications, content, features, products, and services offered, sold and/or licensed on or through the Website are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Website, the success, performance, functionality, reliability or safety of the Website or any such information, communications, content, features, products or services.

Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Website, the success, performance, functionality, reliability or safety of the Website and any such information, communications, content, features, products and services.

7.2. Although Company aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

7.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 7.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

7.4. In no event shall Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: your access, inability to access, registration with, inability to register with, use or inability to use the Website; the unauthorized access to or alteration of your information; any statements, content or conduct of any third party on, through or in relation to the Website or made or provided during the course of your visit, access, registration with or use of the Website; any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); the fact that you have relied on any information or content found on, through or in relation to the Website or made or provided during the course of your visit, access, registration with or use of the Website; any acts, errors or omissions of any third-party providers, if any; any products or services offered or sold by Company on or through the Website. Subject to clause 7.5 below, Company’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant subscription period in relation to which a dispute has arisen.

7.5. Nothing in this Agreement shall exclude or limit Company’s liability for death or personal injury caused by negligence, or any other matter which under The United States of America may not be limited or excluded.

7.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

8. Intellectual Property

8.1. All Intellectual Property Rights in the Services and the materials on the Website are, and remain, the intellectual property of Company or its licensors, whether adapted, written for or customized for the user or not.

8.2. You are not authorized to:

(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Services without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Services given

(iii) use the Services in the provision of any other similar services whether given by us or any third party;

(iv) remove any copyright or other notice of Company on the Website materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Services.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Website.

8.3. In consideration of the Fees paid by you, we grant to you a limited, non- transferable, non-exclusive license to use the Services and materials on the Website for the sole private non-commercial purpose.

9. Confidentiality

9.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

9.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

9.3. This clause shall continue notwithstanding termination of these terms and conditions.

10. Third Party Materials

10.1. Our Website may contain third-party links, advertisements and products. Company makes no representation that such services and third-party materials are appropriate or available for use on any particular location. To the extent you choose to access such services or third-party materials, you do so at your own initiative and become subject of third-party terms and policies, and are responsible for compliance with any applicable law, including but not limited to applicable local laws.

10.2. Company doesn`t warrant or endorse such third-party materials and Company doesn`t assume, and will not have, any liability or responsibility to you or any other person for any third-party services, third-party materials or websites, or for any other materials, products, or services of third parties. Third-party materials and links to other websites are provided solely as a convenience to you and do not in any way constitute or imply the Company`s endorsement, sponsorship or recommendation of the third party, information, product or service.

10.3. By accessing or using the Website, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party materials or websites.

11. Termination

11.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

  1. fail to pay when due your Fees;
  2. are in breach of these Terms and our Policies;
  3. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Company.

11.2. On termination clause 6 (prohibited uses), 7 (disclaimer.liability), 8 (intellectual property rights) and 9 (confidentiality) shall continue notwithstanding such termination.

12. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

13. Entire Agreement

These terms and conditions, together with the Privacy Policy are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

14. Force Majeure

Company shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

15. Law and Jurisdiction

This Agreement is subject to the law of The United States of America and the parties submit to the exclusive jurisdiction of the competent courts of The United States of America in connection with any dispute hereunder.

The parties hereto will use their reasonable best efforts to resolve any dispute hereunder through good faith negotiations. A party hereto must submit a mail or e-mail with the topic “DISPUTE RESOLUTION” to any other party to whom such dispute pertains, and any such dispute that cannot be resolved within thirty (30) calendar days of receipt of such e-mail will be submitted to the competent court of The United States of America

16. Contact Us

You can contact us by any of the following methods: Email: [email protected].

Please don’t use this e-mail for customer care claims.