Please Note: all of the following information is equally applicable to all websites owned and operated by Thunderdome Media LLC. These include: www.functionalhandstrength.com, www.oldtimestrongman.com, www.trapbartraining.com, and any others not listed here.
Terms of Use
THIS WEBSITE (“SITE”) IS OWNED AND OPERATED BY FUNCTIONAL HAND STRENGTH (“FHS”). THESE TERMS OF USE (“TOU”) GOVERN YOUR ACCESS TO AND USE OF THE SITE. YOU SHOULD CAREFULLY READ THESE TOU. YOUR USE OF THE SITE MEANS THAT YOU HAVE READ AND UNDERSTAND THESE TOU AND THAT YOU HAVE ENTERED INTO A BINDING LEGAL AGREEMENT WITH FHS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOU, YOU SHOULD DISCONTINUE YOUR USE OF THE SITE. IN ADDITION, WHEN USING A PARTICULAR SERVICE AND/OR ACCESSING CERTAIN MATERIALS ON OR THROUGH THE SITE, YOU SHALL BE SUBJECT TO ANY POSTED TERMS OR RULES APPLICABLE TO SUCH SERVICES OR MATERIALS, WHICH ARE IN ADDITION TO THESE TOU. ALL SUCH TERMS OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TOU, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SERVICE AND/OR MATERIALS.
1. Privacy Policy.
The Privacy Policy contained on the Site is incorporated in these TOU by reference, but these TOU shall govern any conflict or inconsistency with such Privacy Policy. In addition, the safety of children is important to FHS. Consequently, if you are under the age of 18 you should not post information about yourself on this Site without the permission of a parent or you legal guardian. FHS does not knowingly or intentionally collect information from children under the age of 18 without parental consent. If you are under the age of 18 you may view the materials on this Site, but if you wish to enter into any transactions on or through this Site or otherwise participate in areas of this Site which require you to enter personal information, please ask a parent or your legal guardian for assistance. Otherwise, we strictly follow the principle to collect the minimum amount of personal data needed in order to deliver our services. We use that data only for direct business purposes and in line with your notification settings.
2. Materials and Services.
Through this Site, FHS may make available to you: (a) certain audio and visual articles, text, images, illustrations, photographs, video, stories, cartoons, characters, documents and other materials contained or displayed in or made available through the Site (collectively, “Materials”); and (b) various services operated by FHS, such as referral services, classified advertisements, chat rooms, bulletin boards, online shopping and others (collectively, “Services”).
3. License.
FHS and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, “Software”); solely for your own personal, informational, non-commercial use. In these TOU, all references to the “Site” shall be deemed to include all “Software,” “Materials” and “Services,” unless otherwise expressly indicated. All rights not expressly granted by FHS to you are retained by FHS, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these TOU. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
4. Restrictions; Removal.
You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose. You acknowledge that certain elements of the Site are, or may in the future be, licensed to FHS by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of FHS.
5. Amendments to TOU and Privacy Policy.
FHS reserves the right to change the terms and conditions of these TOU, the Privacy Policy and/or any of its other policies relating to the Site, at any time in its sole discretion. FHS shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these TOU regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
6. Registration and Passwords.
6.1 Some areas of the Site may be accessed and used only by those authorized individuals who are registered and have an account with FHS. To open an account, you must complete the registration process by providing FHS with current, complete and accurate information as prompted by the registration form. Should FHS suspect that such information is untrue, inaccurate, not current or incomplete, FHS has the right to suspend or terminate your usage of the Site. FHS is entitled to rely on the information you provide and you will be responsible for updating this information to maintain it as current. Accounts are non-transferable and cannot be shared or used by more than one individual or entity.
6.2 Once you have become an authenticated user, you will be given one or more personal, non-transferable passwords. You are and will be responsible for maintaining the confidentiality of that password, for all activities conducted on and with the Site that make use of that password, and for any charges or fees incurred by the use of that password, including any use you may subsequently contend was not unauthorized by you.
7. Account Information and Data.
7.1 FHS does not own any personal data or information that you submit to be used by FHS to provide any Service (“Data”), unless FHS specifically tells you otherwise before you submit it. However, you acknowledge and agree that various individuals and entities may have overlapping rights in and to your Data. As such, FHS has and shall retain all rights, title and interests, including all intellectual property rights, in and to all Data and related databases residing on FHS’ servers, including all of your Data which is stored in a form that is not identifiable as yours. FHS may use and disclose your Data in accordance with the Privacy Policy, referenced above.
7.2 FHS will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including any Data, without your prior permission except in accordance with these TOU and the Privacy Policy. Please be aware that FHS does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personal information identifiable as yours. FHS may access your account, including its Data, to respond to Service or technical problems or as stated in these TOU.
7.3 You, not FHS, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and FHS shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which FHS takes in reliance upon your Data.
8. Ownership.
FHS and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
9. Marks and Logos.
“FUNCTIONAL HAND STRENGTH,” the company logo and all other names, marks, symbols and logos used in connection with the Site are trademarks of FHS or other third parties (the “Marks”). FHS grants you no license, permission or authorization to reproduce or use any Marks, whether owned by FHS or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without FHS’ prior express written consent.
10. Prices and Descriptions.
The prices, products and services advertised on the Site are for Internet orders only. Prices on some items may differ from those charged at local stores of participating vendors. Prices, product and service descriptions, inventory and the availability of products or services are subject to change without notice. FHS reserves the right to limit sales, including also the right to refuse sales, to resellers or others in FHS’ sole discretion.
11. Third Party Sites and Materials.
11.1 Please exercise discretion while browsing the Internet using the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond FHS’ control. There are links to other sites from these pages that take you outside of FHS’ Site. This includes links from advertisers, sponsors, and content partners that may use FHS’ logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that FHS does not control. FHS reserves the right to disable links from third party sites to the Site at any time in its sole discretion.
11.2 FHS is not affiliated with, nor does FHS endorse or sponsor, any sites on the Internet that are linked through or to the Site. FHS provides any such links to you only as a matter of convenience, and in no event shall FHS be responsible or liable for any information, content, products, services or other materials on or available from or through such sites. FHS explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. FHS has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. FHS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against FHS with respect to such sites and third party content. FHS strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
12. Third Party Transactions.
In your use of the Site, you may enter into correspondence with, purchase or sell goods and/or services from or to, or participate in promotions of advertisers or sponsors showing their products and/or services through the Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. FHS shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and any third party. Because FHS is not and cannot be a party in your communications, interactions and/or transactions with any third parties on or through the Site, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties. You expressly covenant not to sue or otherwise assert any claim against FHS in connection with such disputes, and hereby release FHS, its subsidiaries, affiliates, officers, directors, agents and employees from any and all claims, demands, suits, expenses, fees (including attorneys€™ fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13. Your Additional Responsibilities.
You are solely responsible for any and all activities that occur under your account including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify FHS immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of the Site that is known or suspected by you. FHS shall not be responsible for any unauthorized access to, or alteration of, your transmissions or Data, any material, Information or data sent or received, regardless of whether the data is actually received by FHS, or any transactions entered into through the Service or failure to abide by these TOU.
14. Compliance with Laws; Prohibited Activities.
You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site. Without limiting the foregoing, you shall not use the Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that mayinfringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means; (h) harass or interfere with another user’s use and enjoyment of the Site; or (i) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devises, or providing pirated content or links to pirated content files. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Site or any Service, or to intercept any system, data or personal information from the Site, nor will you take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
15. Your Contributions to the Site.
15.1 Portions of the Site may contain areas, such as chat rooms, bulletin boards, classified advertisements, referral information and/or message boards, which provide you and other third parties an opportunity to exchange, post, broadcast, publish, circulate, transfer, share, transmit, upload and/or otherwise distribute suggestions, photographs, video and/or sound recordings, articles, links, ideas, feedback, recommendations, opinions and/or other materials and information (collectively, “Submissions”). If you make any Submissions on the Site, you represent and warrant that you have all necessary rights in and to such Submissions and all material they contain, that the Submissions are non-confidential and non-proprietary to you, and that such Submissions do not and will not infringe any proprietary or other rights of third parties or violate any term of these TOU. Any claim lodged with, or damage resulting to, FHS from your breach of this representation and warranty will be covered by your indemnification obligations under these TOU. The information, advice, facts, opinions or other Submissions on the Site posted by third parties are those of the respective authors and do not necessarily reflect the views of FHS or any its employees, officers, directors, agents, suppliers, contractors or affiliated entities.
15.2 FHS will own and shall retain all rights, title and interests, including all intellectual property rights, in and to any and all Submissions. You hereby expressly assign all rights, title and interests in and to such Submissions to FHS free of charge. FHS may use such Submissions as it deems appropriate in its sole discretion without restriction.
15.3 You acknowledge that FHS does not screen, edit or review Submissions in the normal course of its business prior to the appearance of those Submissions on the Site. To the fullest extent permitted by applicable law, FHS disclaims all responsibility and liability for Submissions and for any losses, damages, or expenses resulting from their use and/or appearance on the Site. Notwithstanding the foregoing, FHS reserves the right to monitor all Submissions and to remove without liability any Submissions that it considers, in its sole discretion, to be offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU. If you discover Submissions on the Site that are offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU you may provide FHS with notice of such Submissions at “info @ functionalhandstrength.com.”
16. Indemnification.
You shall indemnify, defend and hold FHS, its licensors and information providers, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your: (a) access to and/or use of the Site; (b) Submissions, Data and other information provided to FHS; (c) breach of these TOU; and/or (c) violation of any applicable law or right of a third party.
17. DISCLAIMER OF WARRANTIES.
17.1 YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND FHS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. FHS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
17.2 YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM FHS, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY FHS.
17.3 THE SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, NEITHER FHS, ITS LICENSORS NOR ANY CONTENT PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.
17.4 ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FHS, ITS LICENSORS AND CONTENT PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
18. LIMITATION OF LIABILITY AND ACTIONS. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL FHS, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS ($5,000 USD). ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST FHS.
19. Export.
19.1 FHS controls and operates the Site from its location(s) in the United States of America. FHS makes no representation that the Site is appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You are expressly prohibited from using or accessing the Site from any location in which the Site and/or any Software, Materials and/or Services would violate any law within of that jurisdiction. Any diversion of the Software, Materials and/or Services contrary to United States law is prohibited.
19.2 Software from the Site may further be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
20. Term and Termination.
20.1 These TOU, and your right to access and use the Site, are effective until terminated by either you or FHS. You may terminate these TOU at any time by discontinuing use of the Site and destroying all materials obtained from or through the Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.
20.2 These TOU, and your access to and/or use of the Site, may be terminated by FHS immediately without notice to you if in FHS’ sole discretion you fail to comply with any term or provision of these TOU. Upon termination, you must destroy all materials obtained from or through the Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.
20.3 Subject to the terms of these TOU, all provisions of these TOU relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these TOU shall survive termination of these TOU.
21. Michigan Law and Jurisdiction. In order to ensure consistency in the interpretation and enforcement of these TOU and FHS’ rights in the Site, these TOU will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and FHS related, in any way, to the Site and/or these TOU, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
22. Notice and Procedure for Making Claims of Copyright Infringement.
22.1 Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following FHS Designated Agent:
Name: John Wood
Address: P.O. Box 4429
Telephone Number: 800-978-0206
E-Mail Address: info AT functionalhandstrength.com
22.2 To be effective, the notification must be a written communication that includes the following. (a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
22.3 FHS may give notice to FHS’ users by means of a general notice on this Site, electronic mail to a user’s e-mail address on FHS’ records, or by written communication sent by first-class mail to a user’s address on FHS’ records.
23. Severability.
If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.
24. Waiver.
The failure of FHS to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FHS in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these TOU.
25. Relationship.
The relationship between you and FHS is that of independent contract. No joint venture, partnership, employment, or agency relationship exists between you and FHS as a result of these TOU or your access to the Site. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.
Please note if you are 18 and under:
If you are under 18 and interested in placing an order, please get your parents permission and have them place the order for you over the site. Unfortunately we cannot allow anyone under the age of 18 to be on the e-mail list due to recent and incessant problems regarding rude and time consuming e-mails from people under the age of 18.
At Functional Hand Strength we strive to provide you information that will help you with your training, unfortunately we are not doctors and you train with the information that is contained within the e-mails that are sent to you at your own risk. None of the information contained on this or any other of our websites constitutes medical advice. Please have a doctor approve all physical activities.
Requests for Information and Free Samples/Discounts
We do not offer discounts, free samples, or ways to test our products before you order them, regardless of who you are or how much you are ordering. Please respect this and do not ask for a discount, as it will not be given to you. If you would like to save money, the best option we can offer you is to place as much of an order as you can at one time as it will save on shipping and handling costs. (This is especially the case in large orders such as sandbags, ropes, etc.) The information on all websites is kept as current as possible and should provide any necessary details you may need to make an informed decision and complete your order.
Privacy Policy
At Functional Hand Strength we take your privacy seriously. We will not share your customer information with other companies for any reason whatsoever.
Email Policy
Anyone who subscribes to our emails lists does so of their own volition or by specific request to one of our agents to be added. Subscriber information is never rented, shared or sold toany other third part for any reason. Furthermore, subscribers may choose opt out at any time through the email form, phone, email request or live chat contact. Provided the correct choices are made on the unsubscribe form,this will take place immediately.
If we should receive rude, insulting, obnoxious correspondence via email, we reserve the right to revoke the membership of the sender immediately and without notice. Your email address and ip address will subsequently be banned from our email lists.
Return Policy
At Functional Hand Strength, our commitment to you is to provide only the finest in grip training information and top quality training products. Our products speak for themselves. We do not sell a product that we would not use or information that we would not follow.
To us, there is no question whatsoever as to the value of this information and our training equipment Without this confidence in our products, we would not be able to make such statements. The true mark of faith in your products is to stand behind them 100% and to believe, with no questions asked and with out a shadow of a doubt, that these products are incredibly valuable. Since we stand by our products to such a high degree, we offer no refunds, returns or exchanges on any of our information products. Offering a no-questions-asked refund or exchange shows little confidence in one’s product and that is simply not the case here.
However, if your product is defective, we will gladly replace it with one that functions properly. All training equipment is under the warranty of the original manufacturer. If, during normal usage of a product, it should malfunction, please contact us and we will attempt to rectify the situation to the best of our ability. Other than malfunction, we offer no refunds or exchanges on any equipment for any reason. Scratches, abrasions, wear and tear due to normal use and neglect are not covered under warranty.
Any damaged good claims must be reported immediately upon receipt of product. Returned items will be charged a 35% restocking fee. Shipping & Handling Charges are non-refundable. We also reserve the right to refuse service to anyone.
Bounced checks will incur an extra $35 fee in addition to the original amount owed.
Shipping Policy
Please be sure that your shipping address is correct; if the shipment comes back to us because you provided an incorrect address, we will charge you to re-ship the product. In addition, if you provide an address that does not get verified with our postage software, we will not ship out your order, and will contact you BEFORE we ship your items out. We will then wait to receive a verifiable address and then we will send your order. Checking and re-checking your address will help to prevent your order from taking longer than it needs to get to you.
International orders require a custom freight quote based on order weight and destination, something we have tried to make abundantly clear at several points throughout the websites. If you accidentally (or purposely) choose the incorrect shipping rate for an international order, we reserve the right to charge your card for the correct amount.
We will be more than happy to cancel or adjust an order if it has not shipped. However, no refunds or exchanges are available for items which are already in the mail or en route to your shipping destination. End users are responsible for shipping items back to us at their own expense in the event of cancellation.
Lost Item Policy
Normal turn-around time for any item shipped from our office is 2-4 business days depending on the nature of your order and its destination. Shipping for international and APO/FPO locations carries a 10-14 business day normal turn around.
Turn around times for other items are listed on their respective web pages. If you do not receive your items within this time frame, please contact us immediately.
If you live in an apartment complex, condo, etc. and you do not pay to have signature confirmation put on your package, and your order does not arrive, we will charge you both for the product and to re-ship the product if you wish to re-order. Every item that is shipped and/or ordered from us includes shipping confirmation via USPS Priority mail or other related carrier service. This comes at no extra charge to the client. As a result, we will have tracking and/or confirmation of all orders at the date and time they arrive.
We offer signature confirmation service for an extra fee.
If you do not receive said order, your first line of action should be to check with relatives, neighbors, your mail carrier or anyone else who may have picked up your package without your knowledge. Once you have exhausted all possibilities, your next line of action is to contact your local post office and your local police department to file a police report for stolen items. Your local post office should be able to guide you through this process and provide any necessary paperwork. Once that action is taken, send us copies of the police report and we will be happy to replace the order, assuming the item does not turn up.
In such an extenuating circumstance, please allow time for the proper claims and actions to take place by all relevant parties.
We cannot guarantee order receipt for orders sent to prisons and/or correctional facilities based on their policies which we cannot be held responsible for. In this case, we recommend having orders shipped to family members first so that other arrangements can be made.
If you are calling in an order, and do not provide a way to contact you, we will not be able to accept your order. We do not use your phone number or e-mail address for anything other than contacting you or putting you on our e-mail list at your request. Please see our privacy information if you are interested in FHS’s policies.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers. If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud. Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies. Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a charge back against the Seller’s account, that the Seller is authorized to re-charge the Buyer’s credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
Pricing Policy
Please note that when you receive a quote, the prices quoted are good for 30 days from the date that the quote was received. If the prices for the products change and you have not placed an order within the 30 days, and you then place an order, a new quote will be created for you.
Please also recognize that if you add or change your order that a new shipping quote will become necessary, and may significantly change the total.
Prices may change without notice. Please be an informed customer and check back before you order.
Specials and Discounts are not retroactive.
Thank you for shopping at Functional Hand Strength. We look forward to continually providing you with the best service in the industry.
Sincerely,
John Wood
President
Functional Hand Strength
Customer service phone number: 1-800-978-0206 (Toll Free)