Phiten Gear Home Page > Disclaimer, Terms and Conditions

Disclaimer, Terms and Conditions

Last Updated: January 3rd, 2011

Ace Sporting Gear is an authorized Phiten reseller located near Seattle, Washington. Ace Sporting Gear is owned and operated by Flying Mountain Ltd.

By making a purchase from this website (www.acesportinggear.com), you are consenting to the following terms and conditions:

Disclaimer
Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. When you receive an item, carefully read all labels, warnings, and directions before use. Contact your health-care provider immediately if you suspect that you have a medical problem. Phiten products and information and statements regarding Phiten products have not been evaluated by the Food and Drug Administration. Phiten products are not intended to diagnose, treat, cure, or prevent any disease or health condition. Independant third parties have not yet proven that Phiten products can increase strength, range of motion and/or reflexes, relieve pain, or deliver other proven heath benefits.

Privacy Policy
Please review our Privacy Policy for details about how we handle personal information.

Guarantee and Return Policy
Please review our Guarantee and Return Policy page for details about our guarantee and return policy.

Links to Other websites and Products
Links to other websites are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

Copyrights and Trademarks
Material on this website, including text and images, is protected by copyright law and is copyright to Flying Mountain Ltd. unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. No part of this site may be distributed or copied for any commercial purpose or financial gain.

All trademarks, service marks, and trade names ("Marks") are trademarks or registered trademarks of and are proprietary to Flying Mountain Ltd., or other respective owners that have granted Flying Mountain Ltd. the right and license to use such Marks.

Warranties and Liability
While we make every effort to ensure that the content of this website is accurate, the website is provided "as is" and Flying Mountain Ltd. makes no representations or warranties in relation to the accuracy or completeness of the information found on it. While the content of this site is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading, or that this site will always be available for use.

We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.

FLYING MOUNTAIN LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO ACESPORTINGGEAR.COM INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE.

In no event will Flying Mountain Ltd. be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

Exceptions
Nothing in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or anything else which it would not be lawful for Flying Mountain Ltd. to exclude.

Governing Law and Jurisdiction
These Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Washington without regard to any choice of law doctrine, which would apply the laws of any other jurisdiction. Any legal suit, action or proceeding arising out of or relating to these Terms and Conditions shall be commenced solely in a Federal or state court having jurisdiction over disputes arising in King County, Washington and each party hereto irrevocably submits to the exclusive jurisdiction and exclusive venue of any such court in any such suit, action or proceeding.

Force Majeure
Flying Mountain Ltd. shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, and no other party will have a right to terminate this Terms and Condition in such circumstances.

Miscellaneous
These Terms and Conditions constitute the entire agreement between you and Flying Mountain Ltd. with respect to this website. These Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Flying Mountain Ltd. with respect to this website. No modification of the Terms and Conditions shall be effective unless it is authorized Flying Mountain Ltd. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Modification of These Terms and Conditions
We, Flying Mountain Ltd., reserve the right to change the terms, conditions, and notices under which this website is offered, including but not limited to the charges associated with the use of this website. You are responsible for regularly reviewing these terms and conditions.

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