Terms and Conditions

Last updated: April 12, 2022


Welcome to Store! These terms and conditions govern your access to and use of www.store.com/us, the Store App (the “App”), and any other website or application in which we present these terms and conditions (collectively with any content, shopping services, and community services provided those sites and apps, the “Platform”). The Platform is owned and operated by Store America, Inc. (“Store/we/us”). These terms and conditions include and incorporate the additional policies and terms referenced here (collectively with these terms and conditions, the “Terms”). Please read the Terms carefully. By using our Platform, you accept and agree to the Terms. If you do not agree to the Terms, please do not use the Platform and exit immediately.

We reserve the right to change the Terms from time to time. These changes will become effective when we post them. Your continued use of our Platform after we post changes to the Terms will mean you accept those changes.


THESE TERMS REQUIRE YOU TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS ACTION) BINDING ARBITRATION. SEE BELOW.


1. ELIGIBILITY

You must be at least 13 years old to access the Platform. If you are at least 13 years old but less than 18 years old, you can register for an account or use the Platform only after your parent(s), guardian, or legal representative has consented to these Terms. Store may at all times request written proof of such consent.


2. PLATFORM CONTENT

Other than User Generated Content, all of the content featured or displayed on the Platform, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Store, its licensors, affiliates, vendors, agents and/or its Content providers. All elements of the Platform, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Platform may only be used for the intended purpose for which that Platform is being made available.

xcept as otherwise indicated in specific areas within the Platform, you are authorized to view, play, print, and download documents, audio, and video found on our Platform for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Platform. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You must comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform. The Platform, its Content, and all related rights will remain the exclusive property of Store or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this Platform.

Content on this Platform may include images of people playing sports and exercising. Please be aware that we are not familiar with your individual physical characteristics and health. Before you begin an exercise program, you should get a medical checkup. It is important that you warm-up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy, exhausted, or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks.


3. USER-GENERATED CONTENT – INFORMATION CONTROL

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Platform post, upload, transmit, display or otherwise make available through the Platform (“User Generated Content”) are the sole responsibility of you or the person who provided that User Generated Content. This means that you, not Store, are responsible for the User-Generated Content that you post, upload, transmit, display or otherwise make available through the Platform. You must not suggest, directly or indirectly, that Store endorses your User Generated Content.

Store does not control User Generated Content and does not guarantee the accuracy, integrity, or quality of any User Generated Content. Furthermore, the User Generated Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We are not responsible for any User-Generated Content and will not be liable for any loss or damage caused by any User Generated Content or your use of or reliance on it. You understand that by using the Platform, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable. m. By using the Platform, you may be exposed to User-Generated Content that you find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using our Platform, you assume all associated risks.

By posting, uploading, transmitting, displaying, or otherwise making available User Generated Content through the Platform, you agree that:

  • you are the owner of all rights to that User-Generated Content;
  • you have waived all "moral rights" that you may have in that User Generated Content, including but not limited to the right to be identified as the author of that content;
  • you have the right to allow our use of that User-Generated Content under these Terms;
  • all User Generated Content that you post is accurate; does not violate these Terms; will not result in a violation of any agreement to which you are currently bound or will become bound in the future; does not and will not violate any applicable law; and will not cause injury to any person or entity; and
  • you are at least 13 years old.

4. USER-GENERATED CONTENT – YOUR LICENSE TO US

User-Generated Content remains the intellectual property of the individual user. By posting, uploading, transmitting, displaying, or otherwise making available User Generated Content through the Platform, you grant Store a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Generated Content, in whole or in part, throughout the world in any form, medium or technology, whether now known or later developed.

We may modify or adapt User Generated Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifiers you provided when posting User Generated Content. You promise that our publication and use of your User Generated Content will not infringe the rights of any third party.

All User-Generated Content that you post, upload, transmit, display or otherwise make available through the Platform may be used by Store in accordance with our Privacy Policy. Store reserves the right to change, condense, delete, or refuse to post any User Generated Content on the Platform at its sole discretion. Store does not guarantee that you will be able to edit or delete any User Generated Content you have made available in connection with the Platform. We are not under any obligation to keep confidential the User-Provided Content that you make available through the Platform.


5. PRODUCTS, FEATURES

All features, content, specifications, products, and prices of products and services described or depicted on this Platform are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Platform at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Platform. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.


6. ACCURACY OF INFORMATION

We attempt to ensure that information on this Platform is complete, accurate, and current. Despite our efforts, the information on this Platform may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy, or currency of any information on this Platform. For example, products included on this Platform may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Platform. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


7. PRIVACY

Your use of our Platform is subject to our Privacy Policy. Please read our Privacy Policy here.


8. DISCLAIMER

Except as prohibited by applicable New Jersey law, the information, materials, and services provided on or through this Platform are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Except as prohibited by applicable New Jersey law, neither Store, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials, or services provided on or through the Platform or (ii) makes any commitments or assumes any duty to update such information, materials or services.

Neither Store, nor any of its respective affiliates, warrants that the functions contained in this Platform will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

Except as prohibited by applicable New Jersey law , we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Platform. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable New Jersey law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.


9. ENTIRE AGREEMENT

These Terms constitutes the entire agreement between the user and Store and supersedes any prior understandings or agreements (written or oral).


10. COPYRIGHT AND TRADEMARKS NOTICE

All Site design, graphics, text selections, arrangements, and all software are Copyright© 2016 Store America, Inc.

All trademarks, service marks, and trade names of Store used herein (including but not limited to: the Store name, the Store corporate logo, the Store trefoil Design, and the Three Stripe logo) (collectively “Marks”) are trademarks or registered trademarks of the Store Group, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Store trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Store' prior written consent. The use of Store trademarks on any other Platform or network computer environment is not allowed. This protects you, too. When you see the Store marks, you can be sure of our quality and performance. Store prohibits the use of Store trademarks as a “hot” link on or to any other Platform unless the establishment of such a link is approved in advance.