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Terms of Service

Your use of our www.60uP.com website and your use and purchase of the 60uP Balance Board (the "Product") offered for sale through the website is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our www.60uP.com website. Your use of our www.60uP.com website constitutes your binding acceptance of these Terms, including any modifications that we make.

Disclaimers 

WE DO NOT WARRANT THAT OUR www.60uP.com WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR www.60uP.com WEBSITE. OUR www.60uP.com WEBSITE AND ITS CONTENT AND OUR PRODUCT IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR www.60uP.com WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTICIPANTS MAKES ANY WARRANTY THAT (i) OUR www.60uP.com WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) OUR www.60uP.com WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE QUALITY OF THE PRODUCT, OR INFORMATION THAT YOU PURCHASE OR OBTAIN THROUGH OUR www.60uP.com WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF THE PARTICIPANTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR www.60uP.com WEBSITE, ANY CONTENT, OR THE PRODUCT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR www.60uP.com WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR OUR PARTICIPANTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR www.60uP.com WEBSITE, OR USE OF OUR PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR PARTICIPANTS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Content on our www.60uP.com website 
Our www.60uP.com website contains content that we create as well as content provided by third parties. This content includes, among other things, magazine articles, commentary, other published works, advice columns, video and music. We do not guarantee the accuracy, the integrity, or the quality of the content on our www.60uP.com website, and you may not rely on any of this content. Our www.60uP.com website includes a combination of content that we create and that others create. All materials published on our www.60uP.com website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, and sound or video clips are protected by our copyrights or trademarks or those of others. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our www.hurrycane.com website in whole or in part. If you would like to request permission to use any of the content on our www.60uP.com website, please contact Customer Service.

Third-party sites, products, and services 
Our www.60uP.com website may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our www.uP.com website of any third-party content or a link to a third-party site is not an endorsement of that content or third party site.

We do not sell, resell, or license any of the third party products or the services that we review, list, or advertise on our www.60uP.com website, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

When Purchasing the Product 
You agree to pay all fees and charges that you incur in connection with your purchase of the Product. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable, all of such fees and charges appear on the Shopping Cart prior to submitting your order.

60 Day Money Back Guarantee 
We are committed to providing products that will exceed your expectations, but we understand that the 60uP Balance Board may not be right for everyone. If you are not completely satisfied with the 60uP Balance Board or any other 60uP branded products that are purchased from 60uP.com can be returned within 60 days of receipt for a full refund less shipping and handling. Return postage is the responsibility of the customer. If a defective or incorrect product is shipped then 60uP will arrange for return shipping and cover expenses. For more information or to begin a return please call 60uP Customer Service at 800-481-6087 Monday - Friday, 7am to 7pm PST.

LIFETIME EXCLUSIVE WARRANTY 
THANK YOU FOR PURCHASING THE 60UP BALANCE BOARD. WE STAND BEHIND YOUR 60uP BALANCE BOARD 100%. YOUR NEW 60uP BALANCE BOARD COMES WITH A LIFETIME WARRANTY WHICH COVERS ANY DEFECTS IN MATERIALS OR WORKMANSHIP ARISING IN CONNECTION WITH THE NORMAL AND INTENDED USE OF YOUR 60uP BALANCE BOARD. IF YOUR 60uP BALANCE BOARD IS DAMAGED OR DESTROYED AS A RESULT OF DEFECTS IN ITS MATERIALS OR WORKMANSHIP, WE WILL AT OUR DISCRETION REPAIR OR REPLACE THE 60uP BALANCE BOARD WITH A COMPARABLE PRODUCT. THIS WARRANTY DOES NOT COVER ANY DAMAGE RESULTING FROM THE MISUSE OR ABUSE OF YOUR 60uP BALANCE BOARD. THIS IS AN “EXCLUSIVE WARRANTY” AND WE MAKE NO OTHER WARRANTY TO YOU, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS NON TRANSFERABLE AND ONLY APPLIES TO THE ORIGINAL PURCHASER OF THE 60uP BALANCE BOARD EVEN IF ANOTHER PARTY ACTUALLY TAKES PHYSICAL POSSESSION OF THE 60uP BALANCE BOARD UPON PURCHASE. PLEASE CONTACT US AT 60uP AT 800-482-6087 TO FILE A WARRANTY CLAIM.

Your conduct on the website 
The technology and the software underlying our www.60uP.com website and the Product is the property of 60uP, our subsidiaries, affiliates, and our Participants (as defined below). You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our www.60uP.com website or the Product. You agree not to modify the software underlying our www.60uP.com website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our www.60uP.com website.

Without limiting the foregoing, you agree that you will not use our www.60uP.com website to take any of the following actions:

- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our www.60uP.com website, any software or hardware, or telecommunications equipment;

- Advertise or offer to sell our Product to another third party unless you have our written consent to do so.

- Download any file that you know or reasonably should know cannot be legally obtained in such manner;

- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

- Collect or store personal information about other end users;

- Interfere with or disrupt our www.60uP.com website, servers, or networks;

- Impersonate any person or entity, including, but not limited to, a 60uP representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our www.60uP.com website or to manipulate your presence on our www.60uP.com website;

- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

- Engage in any illegal activities.

Use of our www.60uP.com website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our www.60uP.com website.

Indemnification 
You hereby agree to indemnify, defend and hold 60up Inc. and all of our officers, directors, owners, employees, parent company, subsidiaries, agents, information providers, affiliates, partners, and licensors (collectively, the "Participants") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Participants in connection with any claim, including, but not limited to, violation of rights of publicity and/or privacy, patent, copyright infringement, or trademark infringement arising out of:

Your use of our www.60uP.com website; Your connection to our www.60uP.com website; Your violation of these Terms; or Your violation of the rights of any other person or entity.