Terms of Service

The use of www.thedbmethod.com (the "Website"), owned and maintained by Fitness Cubed Inc. d/b/a DB Method ("DB Method," "Fitness Cubed Inc.," "we," "our," "us"), is governed by the terms and conditions set forth below. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

Fitness Cubed Inc. reserves the right to update and change these Terms from time to time by posting updates to our Website. Use of the Website after such changes constitutes acceptance of such changes.

Section 2 — User Conduct and Restrictions

All aspects of our Website and our products are protected by U.S. and international copyright, trademark, and other intellectual property laws. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. DB Method trademarks, service marks, and trade names are proprietary marks of Fitness Cubed Inc., and their use is strictly prohibited.

Subject to your continued strict compliance with all Terms, DB Method provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website.

You agree not to use or attempt to use the Website in any unlawful manner, including but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

Section 3 — Our Privacy Policy

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Fitness Cubed Inc. reserves the right to modify its Privacy Policy in its reasonable discretion from time to time. Our Privacy Policy is incorporated into this Agreement by reference.

Section 4 — Registration; User Names and Passwords

You have the option to create a user account to track your order history and for quicker checkout for future products. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your DB Method user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, DB Method under your user account.

Section 5 — Order Placement and Acceptance; Method of Payment

You agree that any products that you purchase from us will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.

If you are ordering a product, payment must be received by Fitness Cubed Inc. before your order is accepted. If you are paying for a product in installments, you are obligated to make each payment on time until the full purchase price and any applicable shipping fees and taxes are paid in full. You expressly authorize us to charge the payment card or payment account you provide at checkout for all payments.

We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, we will refund any payment received.

Your order is accepted by us only when your product(s) has been shipped. Fitness Cubed Inc. does not accept orders from dealers, wholesalers, or customers who are resellers of DB Method products.

Section 11 — Disclaimers of Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW: THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.

Section 12 — Limitations of Liabilities

YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PHYSICAL EXERCISE. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE USING ANY PRODUCT PURCHASED FROM FITNESS CUBED INC., YOU ACKNOWLEDGE THAT FITNESS CUBED INC. (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) IS NOT RESPONSIBLE.

IN NO EVENT SHALL FITNESS CUBED INC. OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER FITNESS CUBED INC. HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FITNESS CUBED INC.'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO FITNESS CUBED INC. IN THE THREE (3) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

Section 14 — Additional Remedies

In order to prevent or limit irreparable injury to DB Method, in the event of any breach or threatened breach by you of the provisions of the parties' Agreement or any infringement or threatened infringement by you of the intellectual property of DB Method or a third party, DB Method shall be entitled to seek an injunction or other equitable relief. Nothing in this Agreement shall be construed as prohibiting DB Method from pursuing any other remedies available to it, including the recovery of monetary damages.

Section 15 — Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless DB Method and its affiliates, and their respective directors, shareholders, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your use or misuse of the Website, (2) information you submit or transmit through the Website, or (3) your breach of these Terms or the Agreement.

Section 16 — Copyright Agent

If you believe that materials or content available on any part of the DB Method Website infringes any copyright you own, you or your agent may send DB Method a notice requesting that the DB Method remove the materials or content. Notices and counter-notices should be sent by email to help@thedbmethod.com or in writing to: Attn: Privacy Compliance Officer, Fitness Cubed Inc., 3003 9th Avenue SW, Watertown, SD 57201.

Section 17 — Third-Party Links

The Website may contain links to other websites. DB Method assumes no responsibility for the content or functionality of any non-DB Method website to which we provide a link. Please see our Privacy Policy for more details.

Section 18 — No Waiver

No failure or delay on the part of DB Method in exercising any right, power or remedy under this Agreement may operate as a waiver. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by DB Method.

Section 19 — Governing Law and Venue

This Agreement and any dispute arising out of or related to this Agreement shall be governed exclusively by the laws of the State of New York, excluding its conflict of law provisions. To the extent that any claim is excluded from arbitration, the parties agree it shall be exclusively brought in the state or federal courts located in New York, New York, on an individual, non-class, and non-representative basis.

Section 20 — Force Majeure

Fitness Cubed Inc. shall not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event — meaning any act of God, act of nature or the elements, terrorism, insurrection, civil strife, piracy, civil war, labor strikes, acts of public enemies, federal or state laws or regulations, inability to procure materials, equipment, or labor, or any other causes beyond the control of Fitness Cubed Inc.

Section 27 — Contacting Us

If you have questions about these Terms, please contact us:

Email: help@thedbmethod.com
Phone: +1 844 484 2028
Mail: Attn: Privacy Compliance Officer, Fitness Cubed Inc., 3003 9th Avenue SW, Watertown, SD 57201.