TERMS & CONDITIONS, PRODUCT SAFETY DISCLAIMER & WAIVER OF LIABILITY

These Terms & Conditions, Product Safety Disclaimer, and Waiver of Liability (“Terms”) govern your access to and use of The Shot Pad website, located at www.theshotpad.com, and the purchase, possession, and use of products sold by The Shot Pad, including The Shot Pad and The Shot Band (collectively, the “Products”).

By accessing or using this website, placing an order, purchasing a Product, or using a Product, you acknowledge that you have read, understood, and agree to these Terms.

If you do not agree to these Terms, please do not use this website or purchase or use the Products.

1. ATHLETIC TRAINING PRODUCTS

The Shot Pad and The Shot Band are athletic training products designed to assist athletes with sports training, conditioning, technique, and skill development.

The Products are not medical devices and are not intended to diagnose, treat, cure, prevent, or rehabilitate any disease, injury, or medical condition.

No representation or guarantee is made that use of the Products will improve athletic performance, prevent injury, or produce any particular training or competitive result.

2. ASSUMPTION OF RISK

Athletic training, exercise, and physical activity involve inherent risks of injury.

Such risks may include, but are not limited to:

· Slips, trips, and falls;

· Muscle strains and sprains;

· Joint injuries;

· Impact injuries;

· Overexertion;

· Loss of balance;

· Injuries resulting from improper technique;

· Injuries resulting from improper installation, placement, or use of a Product; and

· Other minor, serious, or potentially permanent injuries associated with athletic training or physical activity.

By using The Shot Pad or The Shot Band, the user knowingly and voluntarily assumes the risks ordinarily associated with athletic training, exercise, and physical activity.

Users are responsible for determining whether they are physically capable of safely participating in any activity involving the Products.

3. PROPER USE AND PRODUCT INSPECTION

The Products must be used only for their intended athletic-training purposes.

Before each use, inspect the Product and the surrounding training area.

Do not use a Product if it appears damaged, excessively worn, torn, loose, improperly secured, improperly positioned, or otherwise unsafe.

The training area should be clear of unnecessary obstacles and provide sufficient space for the activity being performed.

Users are responsible for selecting an appropriate surface and training environment.

Immediately discontinue use if a Product becomes damaged or if continued use could reasonably create an unsafe condition.

4. PRODUCT MODIFICATION AND MISUSE

Do not materially alter, modify, cut, disassemble, improperly secure, or otherwise change a Product in a manner inconsistent with its intended design or instructions.

The Shot Pad shall not be responsible, to the fullest extent permitted by law, for injuries, damages, or losses resulting from misuse, unintended use, unauthorized modification, improper installation or placement, improper maintenance, failure to follow instructions or warnings, or use of a Product in a manner for which it was not designed.

5. MINORS AND ADULT SUPERVISION

Children and minors should use The Shot Pad and The Shot Band only with appropriate adult supervision.

Parents, legal guardians, coaches, trainers, schools, clubs, teams, gyms, or other supervising adults or organizations are responsible for determining whether a Product and the associated activity are appropriate for a participant’s age, size, ability, physical condition, experience, and skill level.

When purchasing a Product for use by a minor, the purchaser accepts responsibility for providing appropriate instructions, warnings, and supervision.

6. HEALTH AND PHYSICAL CONDITION

Users should participate in athletic training within their individual abilities and physical limitations.

Stop using the Product and discontinue the activity if you experience significant pain, dizziness, unusual shortness of breath, loss of balance, or other symptoms indicating that continuing the activity may be unsafe.

Anyone with questions or concerns regarding their ability to safely participate in athletic training or physical activity should consult an appropriate healthcare professional before beginning or continuing such activity.

7. NO PERFORMANCE GUARANTEE

Athletic performance depends on numerous factors, including training, coaching, technique, physical conditioning, experience, effort, health, and individual ability.

The Shot Pad makes no guarantee regarding athletic improvement, strength, speed, accuracy, technique, competition results, or any other specific outcome resulting from use of The Shot Pad or The Shot Band.

8. USER RESPONSIBILITY

The purchaser and user are responsible for the proper use, supervision, inspection, maintenance, placement, and storage of the Products.

Users are responsible for following all instructions, warnings, and safety information supplied with a Product or published on The Shot Pad website.

If a purchaser provides a Product to another person, athlete, student, team member, customer, or participant, the purchaser is responsible for communicating applicable instructions and safety warnings to that user.

9. COACHES, TEAMS, SCHOOLS, CLUBS AND TRAINING FACILITIES

Coaches, trainers, schools, wrestling clubs, athletic programs, gyms, teams, and other organizations using The Shot Pad or The Shot Band are responsible for appropriate supervision and for determining whether their training activities and use of the Products are suitable for their participants.

The supervising organization or individual is responsible for providing participants with appropriate instructions and maintaining a reasonably safe training environment.

10. WAIVER, ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

By purchasing or using The Shot Pad or The Shot Band, the purchaser and user acknowledge the inherent risks associated with athletic training and voluntarily assume those risks.

To the fullest extent permitted by applicable law, The Shot Pad and its owners, affiliates, officers, employees, representatives, distributors, contractors, and agents shall not be liable for injuries, damages, losses, costs, or claims resulting from:

· Improper or unintended use of a Product;

· Failure to follow instructions or warnings;

· Failure to properly inspect or maintain a Product;

· Unauthorized alteration or modification;

· Use of a damaged or excessively worn Product;

· Improper placement, installation, or securing of a Product;

· Inadequate supervision;

· Use on an inappropriate surface or in an unsafe environment;

· Improper athletic technique;

· Overexertion; or

· Risks inherent in athletic training, exercise, sports, and physical activity.

Nothing contained in these Terms is intended to exclude, waive, or limit liability that cannot legally be excluded, waived, or limited under applicable law.

11. PRODUCT DESCRIPTIONS AND IMAGES

The Shot Pad makes reasonable efforts to accurately describe and display its Products.

Actual colors, dimensions, appearance, packaging, materials, finishes, or other minor characteristics may vary from website photographs or representations because of manufacturing changes, production tolerances, lighting, photography, display settings, or product improvements.

Minor variations that do not materially affect the intended function of a Product do not necessarily constitute a product defect.

12. ORDERS AND PAYMENT

By placing an order, you represent that the information you provide during checkout is accurate and that you are authorized to use the selected payment method.

The Shot Pad reserves the right, subject to applicable law, to refuse or cancel an order due to suspected fraud, unauthorized transactions, payment issues, inventory errors, incorrect pricing, website errors, or other legitimate business reasons.

If payment has already been collected for an order that The Shot Pad cancels, the applicable payment will be refunded.

13. INTELLECTUAL PROPERTY

Unless otherwise stated, The Shot Pad and/or its licensors own or control the intellectual property rights associated with the website and its original content, including, where applicable, product names, logos, photographs, graphics, text, instructional materials, product designs, and other proprietary materials.

All applicable intellectual property rights are reserved.

Unless otherwise permitted by law or authorized in writing, you may not:

· Copy or republish website material for commercial purposes;

· Sell, rent, or sublicense website content;

· Reproduce or commercially distribute proprietary content;

· Use The Shot Pad’s logos, branding, or proprietary artwork in a manner that suggests sponsorship, affiliation, or endorsement without authorization; or

· Use The Shot Pad’s intellectual property in violation of applicable law.

Access to the website does not grant ownership of any intellectual property belonging to The Shot Pad or another rights holder.

14. USER COMMENTS, REVIEWS AND CONTENT

If the website permits users to submit comments, reviews, photographs, testimonials, or other content, users are responsible for the content they submit.

Users represent that they have the right to submit such content and that it does not violate another person’s intellectual property, privacy, publicity, or other legal rights.

Content may not contain defamatory, unlawful, threatening, obscene, fraudulent, or otherwise prohibited material.

The Shot Pad reserves the right, but is not obligated, to monitor, moderate, decline, or remove user-submitted content when appropriate.

By voluntarily submitting content to The Shot Pad for publication or promotional use, you grant The Shot Pad a non-exclusive, royalty-free license to use, reproduce, display, and distribute that content in connection with its website, Products, and business, subject to applicable law.

15. LINKS AND THIRD-PARTY WEBSITES

The Shot Pad website may contain links to third-party websites, platforms, payment processors, social media services, videos, or other external resources.

The presence of a third-party link does not necessarily constitute an endorsement of that third party or its products, services, content, policies, or practices.

The Shot Pad does not control third-party websites and is not responsible for their content, availability, privacy practices, security, or terms.

Users access third-party websites at their own discretion and should review the applicable third party’s terms and policies.

16. CONTENT LIABILITY AND WEBSITE INFORMATION

We make reasonable efforts to provide accurate information on The Shot Pad website; however, website content may occasionally contain typographical errors, inaccuracies, outdated information, or technical errors.

To the fullest extent permitted by applicable law, The Shot Pad does not guarantee that all website information will always be complete, current, error-free, or continuously available.

We reserve the right to correct errors and update or modify website content without prior notice.

17. COOKIES

The Shot Pad website may use cookies and similar technologies that are necessary for website functionality and may also use optional technologies for analytics, personalization, or marketing.

Certain cookies may be provided by third-party services integrated into the website.

Where required by applicable law, users will be provided with choices regarding non-essential cookies.

Additional information regarding the collection and use of personal information may be provided in The Shot Pad’s Privacy Policy or cookie settings.

18. WEBSITE USE

You agree not to misuse The Shot Pad website.

You may not knowingly attempt to interfere with the website’s operation or security, gain unauthorized access to restricted systems or accounts, introduce malicious software or code, engage in fraudulent activity, scrape or exploit website content in violation of applicable law, or use the website for unlawful purposes.

19. DISCLAIMER OF WEBSITE WARRANTIES

To the fullest extent permitted by applicable law, The Shot Pad website and its content are provided on an “as available” basis.

The Shot Pad does not guarantee uninterrupted availability of the website or that all website content will be free from errors.

Nothing in these Terms excludes or limits any warranty, right, remedy, or liability that cannot lawfully be excluded or limited.

20. RESERVATION OF RIGHTS

The Shot Pad reserves the right to modify, suspend, discontinue, update, or change portions of its website, Products, content, and these Terms, subject to applicable law.

The version of these Terms applicable to a purchase will generally be the version in effect when the applicable transaction occurs, except where otherwise required by law.

21. GOVERNING LAW

To the extent permitted by applicable law, these Terms shall be governed by and interpreted according to the laws of the State of California, without regard to conflict-of-law principles.

Nothing in this provision is intended to eliminate or restrict any rights that a consumer may have under applicable federal, state, or local law.

22. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be limited or modified to the minimum extent necessary to make it enforceable where legally permissible.

The remaining provisions shall continue in effect to the fullest extent permitted by law.

23. CHANGES TO THESE TERMS

The Shot Pad may update these Terms periodically.

Any revised Terms will become effective when posted on the website or as otherwise stated in the updated Terms, subject to applicable law.

Continued use of the website after revised Terms become effective constitutes acceptance of those revised Terms as they relate to continued website use.

CHECKOUT ACKNOWLEDGMENT

By completing my purchase, I acknowledge that The Shot Pad and The Shot Band are athletic training products involving physical activity and inherent risks of injury. I acknowledge that I have read and agree to the Terms & Conditions, Product Safety Disclaimer, Assumption of Risk, and Limitation of Liability. I agree to use the Products only as intended and to follow applicable instructions and safety warnings.

PRODUCT SAFETY NOTICE

WARNING — ATHLETIC TRAINING PRODUCT

Athletic training and physical activity involve inherent risks of injury.

Use The Shot Pad and The Shot Band only as intended. Inspect the Product and training area before each use. Do not use a Product that is damaged, excessively worn, improperly secured, improperly positioned, or otherwise unsafe.

Minors should use the Products only with appropriate adult supervision.

By using a Product, the user assumes the risks ordinarily associated with athletic training and physical activity. To the fullest extent permitted by law, The Shot Pad is not responsible for injuries or damages resulting from misuse, unintended use, unauthorized modification, failure to follow instructions or warnings, inadequate supervision, or use of a damaged Product.

Inspect before use. Use only as intended. Train responsibly.

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