TERMS OF SERVICE
Thank you for visiting Bonk Fit. Please read our Terms of Service carefully, as we require that you agree to these Terms in order to have permission to use our Service.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Bonk Fit” refers to our company, also known as “Pueri Elemental LLC”; our Site: our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“Service” refers to the services that we provide, including our Site, the sale of tangible goods (such as portable punching bags, designer skins and custom skins), and our on-demand manufacturing services;
“Site” refers to our websites, www.bonkfit.com, www.bonkyourself.com and www.pueri-elemental.com;
“User” refers to unregistered, registered, paid, and unpaid users and customers of Bonk Fit’s Service and, without limiting the generality of the foregoing, includes general visitors to Bonk Fit’s Site;
“You” refers to you, the person who is entering into this Agreement with Bonk Fit.
3. What Bonk Fit Does
Bonk Fit produces portable punching bags with fabric skins, also known as 'Bonk Bags', featuring characters designed by us. Our Site is an e-commerce stores that sells our physical products, and we also have a blog.
Bonk Fit also provides an on-demand manufacturing service which allows Users to Create Your Own Bonk Fit, also known as Bonk Yourself, by sending us their images and designs for reproduction on fabric skins to fit our Bonk Bags.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Bonk Fit, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must, if signing up on behalf of a legal person other than yourself (such as a corporation, limited liability company, etc.), be authorized by that person to create its Bonk Fit account and bind it to this Agreement, and you hereby agree that it is being bound to this Agreement and that both you and the legal person shall be jointly and severally liable for any breaches of the terms herein. You may not sign up on behalf of any natural person other than yourself.
You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
We cannot be held accountable if a User prints images for which they do not own the appropriate intellectual property rights or licenses. You agree that you should not rely on us where a potential rejection of your submission—which we may do for any reason at our sole discretion—would cause a loss to you. You release us from any liability for any losses arising from your relations with Bonk Fit and the Service that we provide.
6. Rules of Use
The above eligibility criteria are the initial rules with which you must comply in order to have permission to use our Service. In addition to the above, you must not:
Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Bonk Fit or its delegates, whether on our blog, or elsewhere.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Use our Service to publish violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive images.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Bonk Fit Site, Service, or its Users’ computers.
Do anything else which, at the sole discretion of Bonk Fit, could bring Bonk Fit into disrepute, or which violates the rights of any person.
We may refuse to provide you with our Service if you fail to meet the requirements of these Rules of Use, or for any other reason. In such cases, we will refund your money. We are not required to give any reason for our refusal.
7. Payment & Shipping
Payment can be made by credit card, Amazon or PayPal. Unless otherwise stated, all prices are listed in United States dollars.
Products ship to addresses in the United States and internationally through various carriers. Prices listed on the Site and/or App do not include tax. We are not responsible for paying VAT or import fees. If a package is returned to us as undeliverable or unclaimed, the User will be required to pay shipping and handling fees before we can resend the package. We are not responsible for providing tracking information on orders—it is the User’s responsibility to choose a shipping method that includes tracking information if that service is required.
Additional payment terms listed on our Site are hereby incorporated by reference.
8. Refund Policy
We do not accept returns. Products can be refunded only if the product arrives damaged. Users may also request a replacement if a product arrives damaged, and a photograph of the damage must be provided. A User must alert us of the damage within seven business days after delivery to receive a refund or replacement. If a package is lost in transit, we will provide a replacement at our expense, but the User will be required to pay shipping and handling fees. We do not provide refunds or replacements if an end result is not considered successful by the User.
Bonk Fit may offer coupons or other types of discounts, which shall be subject to any specific terms announced at the time of their issue. Bonk Fit may refuse to honor such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
10. Chargebacks and PayPal Disputes
Where a User provides payment to Bonk Fit, and that payment is subsequently reversed due to a chargeback, Amazon or PayPal dispute, the User shall be liable to Bonk Fit for the full amount reversed as well as any fees or other expenses incurred in enforcing Bonk Fit’s rights under this section. Users may, of course, enter into disputes with Bonk Fit according to the terms in our “Forum of Dispute” section found further below.
11. Our Copyright
Bonk Fit relies heavily on its content to distinguish itself from competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
12. Your Copyright
Bonk Fit must be assured that it has the right to use the content that is uploaded to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us, to the extent that is necessary for the purpose of providing you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Pueri Elemental” is a registered trademark used by us, Pueri Elemental LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own print-on-demand business.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to email@example.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
16. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING AMAZON, PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of South Carolina. The offer and acceptance of this contract are deemed to have occurred in the State of South Carolina.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of South Carolina. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the small claims court of the State of South Carolina (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
If you could otherwise bring a dispute in the Small Claims Court but for the fact that you have already initiated two actions in the Small Claims Court within the same year, you agree to bring the dispute in the next lowest court of competent jurisdiction and indemnify Bonk Fit for any increased legal fees and other expenses that it incurs as a result of defending against your claim in a higher court.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Bonk Fit shall have the sole right to elect which provision remains in force.
Bonk Fit reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you access our Service, and your continued use of our Site constitutes your agreement to any such amendments.
Last Modified: November 4, 2016